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HomeMy WebLinkAbout05-4372PR$PARED BY: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Supreme Court ID# 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, ~~~ ~~~,,,~ Plaintiff N0. ©.S' y37~ v. JOHNNY R. LONG, NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. 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 PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 244-3166 CIVIL ACTION -LAW. DIVORCE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. ~~~ ~ `~3 ~~ fi'''`'t ~ ~'~"`` V. CIVIL ACTION- LAW JOHNNY R. LONG, DIVORCE Defendant COMPLAINT Plaintiff, Deborah M. Long, by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the fallowing is a statement: COUNTI DIVORCE 1. The Plaintiff is Deborah M. Long, an adult individual who currently resides 19 Appaloosa Way, Carlisle, Cumberland County, PA 17013 since March 1998. 2. The Defendant is Johnny R. Long, an adult individual residing at 19 Appaloosa Way, Carlisle, Cumberland County, PA 17013 since March 1998. For business reasons, Defendant has been temporarily residing at 3010 Ira Young Drive, #1006, Temple, TX 76504. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 22, 1495 at Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: -1- A. Section 3301 icl Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301(d)Nnn-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 4. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage, all of which are "marital property" or "marital debts". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE, ALIMONY 14. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. -2- 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV COUNSEL FEES, COSTS AND EXPENSES 17. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 18. Plaintiff has employed legal counsel in this case, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, J G. DCLIFF, E IRE 3448 Tri a Road ~ Camp Hill, PA 1701 1 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -3- VERIFICATION DEBORAH M. LONG verifies that the statements made in this Complaint are true and correct. DEBORAH M. LONG understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 'l;eboslaL~ \'V1. mgr DEBORAH M. LONG Date: ~f2 ~ ~~ -4- n ~ `-=n ~> f- ~~ .a -r -,, '~ ~ _ ;~1~ c, „r~ ;.> ~=~ uti ,ra '' c> '* ~,7~ ~~ c r ~D (- \ `` N _< ~ ~~ U~ W l`~ a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 v. JOHNNY R. LONG, CIVIL ACTION - LAVJ Defendant PRAECIPE TO THE PROTHONOTARY OF THE SAID COURT: DIVORCE Please reinstate the complaint filed in the above captioned action on August 25, 2005. Respectfully submitted, ~~ ~ \ IA~NE-G-RADC F, ESQUIRE 448 Trindle Roa Camp 011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff C> ~ ,., r_; ~ ~~ o -'';tom: _„ i. ~ `? <-> .. y['n cA =' ~~ c+: Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA Phone:717-737-0100 Supreme Court ID# 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, v. JOHNNY R. LONG, PETITION FOR SPECIAL RELIEF/INJUNCTION AND NOW, comes the Petitioner, Deborah M. Long , by her attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition, and represents that: 1. Petitioner, Deborah M. Long, is an adult individual residing at 5430 Rivendale Boulevard, Mechanicsburg, Cumberland County, PA 17050, and is the Plaintiff in the above captioned divorce action. Petitioner is hereinafter referred to as "Wife" 2. Respondent, Johnny R. Long, is an adult individual whose mailing address is 3010 IRA Young Drive, #1006, Temple, TX 76504, and is the Defendant in the above captioned divorce action. Respondent is hereinafter referred to as "Husband". 3. Petitioner and Respondent were married on 04/22/1995 and are currently separated. 4. There were no children born of this marriage. 5. Prior to their marriage the parties entered into a Prenuptial Agreement dated 4/14/1994. A true and correct copy of the 4/14/05 prenuptial agreement is attached hereto, marked Exhibit "A" and made a part hereof. 6. Pursuant to the terms of the parties' 4/14/1994 Prenuptial Agreement, the parties agreed to exclude from any eventual equitable distribution their premarital assets or the equivalent cash value thereof, in the equity amount of $106,919.16 for Wife and Plaintiff N0. 05-4372 CIVIL ACTION -LAW DIVORCE Defendant -2- $39,500.00 for Husband. 7. The within action was instituted by Wife's filing of a Divorce Complaint on 8/25/2005, which Complaint was reinstated and duly served upon Husband on 3122106 as appears on the Affidavit of Service filed of record in this case. 8. In that Divorce Complaint, Wife raised the following claims: (1) Divorce under Sections 3301(c) and 3301(d); (2) Equitable Distribution of Marital Property and Debts; (3) Alimony Pendente Lite; (4) Alimony; (5) Counsel Fees and Costs. 9. During the course of their marriage the parties acquired certain marital assets which are listed on the Table attached to this Petition as Exhibit "B" and made a part hereof. Said assets include not only assets acquired during the marriage but also the increase in value of premarital assets during the marriage to the extent not excluded by the 4/14/1994 Prenuptial Agreement. 10. The vast majority of the marital assets Listed on Exhibit "B" are retirement plans, the majority of which are under the control of Husband. Those retirement plans are also specified on Exhibit "C" attached hereto and made a part hereof. 11. Wife believes and fears that Husband will transfer, convey, dispose, alienate or encumber the marital retirement plans listed on Exhibit "C" , so as to prevent Wife from valuing said assets and/or from obtaining the fair and equitable division thereof, unless an injunction is entered prohibiting removal, transfer, conveyance, disposition, alienation or encumbering of property thereof. 12. Wife also fears that if Husband does not transfer said retirement plans he will change the death beneficiaries thereof from Wife to another person so that if he dies during the pendency of the proceedings she will not have death benefits under those plans. 13. Husband has not officially retained legal counsel in this case and no attorney has entered his/her appearance on his behalf. As a result husband is represented pro se. 14. Husband has not been notified of the intended filing of this Petition because it is believed that such notification would do no good and because it was feared that if he knew of this filing in advance of the filing and entry of the order attached hereto, he would hide or transfer marital assets in order to prevent Wife from obtaining valuations of the said assets or fair and equitable distribution thereof. 15. No judge has been assigned to this case. -3- WHEREFORE, based on the foregoing, Wife respectfully requests this Honorable Court to enter an Order: A. Enjoining and prohibiting each of the parties from the removing, transferring, conveyancing, disposing, alienating or encumbering of any of the marital retirement plans listed on Exhibit "C". B. Requiring the parties to maintain all Life Insurance Policies on his/her life, and Pension Plans, IRA accounts and 401K plans, existing as of the date of the parties separation, and to designate the other party as the beneficiary of the death benefits on said policies, and any death benefits for retirement plans or accounts to the extent that such policies or plans have death beneficiary or survivors benefits designations. C. For such other and further relief as the Court may deem appropriate. Respectfully submitted, ~~ DCLIFF, ESQUI E indle Road Camp Hill, PA 17011 Phone: (717)737-0100 Supreme Court ID # 32112 -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~e~onL~~ Vti~. ~trn~,. DEBORAH M. LONG Date: `t`t~cy.ar_~~ ~33, 3oOl~ CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on March 29, 2006, I served a true and correct copy of the Petition for Conference on Claim for Alimony Pendente Lite upon Defendant by mailing same by first class mail, postage prepaid, addressed as follows: J.R. Long 3010 IRA Young Drive #1006 Temple TX 76504 _-~ / I ~ IFF, ESQUIRE Camp Hill, PA 17011 Phone: (717)737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 .~ PRENUPTIAL AGREEMENT THIS AGREEMENT made this ~ II h ~ `d day of `_,-~--~ ` ~~--~`---~---X , 1994, by and between DEBORAH M. SNYDER (hereinafter "Snyder") and J.R. LONG (hereinafter "Long") both of 8 Bourbon Red Drive, Mechanicsburg, Pennsylvania 17055. W I T N E S S E T H WHEREAS, the parties to this Agreement contemplate marriage to each other; and WHEREAS, the parties desire to fix and determine by this Prenuptial Agreement all of their respective financial rights and claims to division of their property, both premarital and marital, arising from their marital relationship including, but not limited to rights to seek a paztition of that property or a division of property under the equitable distribution laws of the Commonwealth of Pennsylvania or any other state; and WHEREAS, the parties acknowledge that the provisions of this Prenuptial Agreement are accepted by both of them in full discharge and settlement of all such aforesaid rights and claims. NOW, THEREFORE in consideration of their marriage and in DIANE G. RADCLIFF ATTORN FY-AT-LAW &l9B TRIM DLE ROAD GANIP HILL, PA 1]011 further consideration of the premises and mutual promises a pl,p,INTIFF'S 1 ~ EXHIBIT w J W r ;, DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TR[NDLE ROAD CAMP HILL, PA 1707! herein set forth, the parties hereto, each intending to be legally bound hereby, agree as follows: 1. DISCLOSURE OF ASSETS AND INCOME: (A) Snyder hereby represents and warrants that she has made a full and fair disclosure to Long of all of the assets owned by her, debts owed by her, the current income received by her and the expectancies of future income or assets to be received by her as of the date of this Agreement, which assets, debts and income are set forth on Exhibit "A" attached hereto and made a part hereof. (B) Long hereby represents and warrants that he has made a full and fair disclosure to Snyder of all of the assets owned by him, debts owed by him, the current income received by him, and the expectancies of future income or assets to be received by him as of the date of this Agreement, which assets and income are se forth on Exhibit "B" attached hereto and made a part hereof. (C) Both parties acknowledge that prior to the execution of this Agreement, each was given an ample opportunity to conduct an additional investigation into the other party's financial circumstances in any manner he or she wished including, but not limited to being provided with documentation pertaining to assets, debts and income or expectancies thereof, and obtaining formal appraisals and having been given such opportunity, each party states that he 2 ai or she does not wish to conduct such appraisal or receive any additional information or documentation concerning the other's present or future income and/or financial condition and therefore waives any right which he or she may have to receive such additional information and documentation or obtain such appraisals. Each party further waives the right to challenge the validity of this Agreement on the grounds that disclosure was not provided by the other party or that each party did not have the opportunity to pursue such additional disclosure. (D) Both parties acknowledge that some of the assets set forth on Exhibits "A" and "B" may not be susceptible to present valuation as of the date of the execution of this Agreement or that obtaining said valuation at this time is not desired by either party and, that some of the values are based on available information and may merely be the reporting party's best estimate of value. In addition it is understood by the parties that each may have interests in one or more miscellaneous assets not reflected on the Exhibit which would not materially affect the net worth of either. The parties therefore agree that under the circumstances and nature of the assets exact valuation or disclosure of miscellaneous assets is not warranted. (E) As of the execution date of this Agreement each DIANE G. RADCLIFF ATTOANEY-AT-LAW 9x98 TRINDLE ROAD CAMP HILL, PA 17011 party specifically waives for all time any and all right to seek or obtain further disclosure from the other party or 3 . > further investigation or discovery by any means whatsoever into the financial circumstances of the other party as it pertains to enforcement or enforceability of this Agreement. 2. DIVISION AND DISTRIBUTION OF ASSETS AND DEBTS: Upon the parties' separation all of the parties' assets of any nature whatsoever, whether or acquired prior to or during the parties' marriage shall be distributed between the parties in accordance with the following terms and conditions: (A) Property acquired by way of gift or inheritance. Any and all property received by one party in his or her sole name by reason of gift or inheritance from any third party shall be distributed to the party to whom the gift was made or the inheritance was received, provided that said gift or inheritance has always been held in that party's sole name and has never been transferred to or held in the parties' joint names. This distribution shall occur prior to any other distribution. (B) Property acquired prior to the marriage. (1) Snyder shall be distributed her IBM pension and cash or equivalent net equity value by way of in kind distribution of assets the amount of $106,919.16. (2) Tong shall be distributed his Prudential DIANE G. RADCLIFF ATTORNEY-AT-LAW 8448 TAINDLE ROAD CA M1[P HILL, PA 17011 Securities in cash or equivalent net equity value by in kind distribution of assets the amount of $39,500.00. 4 9 DIANE G. RADCLIFF ATTORNEY-AT-LAW 3948 TRINDLE ROAD CAMP HILL, PA 19011 e (3) The amounts to be distributed to Snyder and Long pursuant to subparagraphs (1) and (2) above represent the reimbursement to each party of the value of their asset holdings as of the date of this Agreement, as set forth on Exhibits "A" and "B" attached and incorporated by reference hereto, it being the intent of the parties that in the event of their separation and distribution of assets, that each party shall receive as his or her sole and separate property cash or assets equivalent in value to the value of the assets each party brought into the marriage. (4) Distribution to Snyder and Long of the amounts set forth in subparagraphs (1) and (2) above shall be made, to the extent possible, by way of in kind distribution to Snyder of the assets set forth on Exhibit "A" and in kind distribution to Long of the assets set forth on Exhibit "B", subject to adjustment thereof in the event said assets have a then existing value greater than or less than the value set forth on Exhibits "A" and .. B .. (5) This distribution shall occur subsequent to the distribution in Paragraph 2(A) above. (C) Miscellaneous. (1) Rights to the foregoing distribution shall arise upon the parties' separation. Separation for 5 i purposes herein shall be defined as the parties living separate and apart and there being a cessation of the parties' marital relationship or, if the parties have continued to reside together, separation shall be deemed to have occurred upon the filing of a divorce action by either party which has not been followed by a reconciliation of the parties and resumption of their marital relationship. The terms of this Agreement shall not be effected or impaired by the death of either party occurring subsequent to said separation. In the event, however, of the death of a party occurring when the parties are not then separated, then the provisions of this Agreement pertaining to distribution of property shall not apply and distribution of the deceased party's assets and debts shall be governed by the Pennsylvania Fiduciaries Code and the terms of the deceased party's will, and if none, by the Pennsylvania Intestate Laws. (2) To the extent reasonably possible, distribution in accordance with the foregoing shall occur no later than one year of the date of the parties' separation. (3) The term "property" or "assets" as utilized above shall be deemed to include all property and assets owned by the parties to the date of their separation and the increases in value thereof up to the date of distribution but shall not, however,. be deemed to include DIANE G. RADCLIFF II ATTORNEY-AT-LAW 1 6 8448 TRINDLE AOAD CAMP HILL, PA 17011 s DIANE G. RADCLIFF ATTORNEY-AT-LAW 3448 'I'RINDLE AOAD CAMP HIL G, PA 1]011 a any asset or property acquired by a party in his or her sole name after the date of separation or the increase in value thereof up to the date of distribution. (4) Distribution of assets shall be made by way of in kind distribution to the extent reasonably possible. In the event, however, as to property to be distributed pursuant to Paragraph 2(B), if particular items of said property are incapable of said division without affecting the value of the whole asset (i.e. real estate) or in the event a dispute arises as to the in kind distribution or in the event a dispute arises as to the value of the property to be distributed so that it is impossible to determine which property a party is to receive or whether each party is receiving his or her appropriate share, then all of the property shall be sold as soon as practical at the best price obtainable and the net proceeds derived shall be divided in accordance with the distribution scheme provided for in the foregoing Paragraph 2(B). (5) Neither party shall seek a division and distribution of the property governed by this agreement in any manner inconsistent with the foregoing and each party hereby waives and renounces any and all rights to such inconsistent division and distribution, including but not limited to all rights accruing under the 7 a equitable distribution provisions of the Pennsylvania Divorce Code or any other similar type provisions of any statue or law of the Commonwealth of Pennsylvania or any other state now in effect or hereafter promulgated. 3. EFFECT OF NO MARRIAGE. The consideration for this Agreement is the mutual promises and waivers herein contained and 'the marriage contemplated by the parties. If the marriage does not take place, this Agreement shall be in all respects and for all purposes null and void. 4. DISCLOSURE AND YIAIVER OF PROCEDURAL RIGHTS. Each party understands that if this Agreement did not exist and the parties were seeking a division of the property covered by this Agreement under the equitable divisions of the Divorce Code of Pennsylvania that he or she would have the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party would have the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they also would have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. DIANE G. RADGLIFF ATTORNEY-AT-LAW $ 8448 TRINDLE ROAD CAJIE RILL, PA 17011 g = a Each party hereby acknowledges that this Agreement is fair and equitable as to the property division governed by this agreement and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. As to the property governed by this agreement, both parties hereby waive the right to have the property, or value thereof, governed by this agreement, distributed in any manner inconsistent with this agreement. In all other respects the parties shall retain all statutory and procedural rights, including but not limited to the following rights unless the same are inconsistent or at variance with this agreement: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, DIANE G. RADCLIFF ATTORNEY-AT-LAW J 3498 TRINDLE ROAD GAMP HILL, PA 1'1011 r yl a ~ and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship pertaining to distribution of their property. 5. SCRIVENER. The parties acknowledge that this Agreement has been prepared for them at their joint direction by DIANE G. RADCLIFF, ESQUIRE, who in said preparation has been acting in the sole capacity as scrivener and not in the capacity as legal counsel for either party. With respect thereto the parties agree that the said DIANE G. RADCLIFF, ESQUIRE, is not providing the parties with legal advice as to the reasonableness of this Agreement nor as to whether such Agreement is in either party`s best interest. The parties, therefore, release the said DIANE G. RADCLIFF, ESQUIRE, from any and all liability arising out of this Agreement, her preparation thereof, and/or any other services provided in connection therewith. DIANE G. RADCLIFF ATTORNEY-AT-LAW ID . 94f9 TRIND LE AOAD CAMP HILL. PA 17011 ~~ 6. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no regresentations, warranties, promises, covenants or undertakings, oral or otherwise, other than those expressly set forth herein. 7. WAIVER OR MODIFICATION TO BE IN WRITING. (A) This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. In the event that the parties reconcile after any separation, or remarry each other after any divorce, it is their express intention that this Agreement shall remain in ~ full force and effect and shall not be abrogated upon any reconciliation after separation or remarriage to each other after divorce. (B) No modification or waiver of any of the terms herein shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed to be a waiver of any other default of the same or similar nature. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way effect the right of such party thereafter to enforce the same, nor shall it be construed as a waiver of strict performance of any other obligations herein. DIANE G. RADCLIFF ATTORNEY-AT-LAW 11 3a-IB TRIN-LE ROAD CAhfP HILL, PA !7011 ~ ~ ~~ + 8 8. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9. SEVERABILITY. If any term, condition, .clause or provisions of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force and effect and shall be interpreted, as much as is possible, in accordance with the intent of this Agreement. Likewise, the failure of any party to meet his or her obligations under one or more of the paragraphs herein, with the exception of the satisfaction of a conditioned precedent, shall in no way void or alter the remaining obligations of the parties. 10. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. 11. INTERPRETATION. For purposes of interpretation and for the purpose of )IANE G. RADCLIFF ATTORNEY-AT-LAW 3448 TRINDLE ROAD I CAMP HILL, PA 19011 i resolving any ambiguity herein, the parties agree that this 12 r 0 Agreement was prepared at their joint discretion. 12. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be an original and which together shall constitute one and the same instrument. 13. DEFENSE OF AGREEMENT. In the event that either party seeks to set aside any provision of this Agreement or challenges this Agreement or any provision hereof in any proceeding, or asserts any claim waived by the terms of this Agreement, or seeks in any manner relief in excess of that provided by this Agreement and the other party retains counsel to defend the terms of this Agreement, the other party shall receive all of his or her actual counsel fees and costs incurred in such defense, if said defending party is successful, from the party seeking to avoid or set aside this Agreement and may set off any such amount against any obligation the defending party may have against the avoiding party hereunder. 14. BREACH. If for any reason either party fails to perform his or her obligations hereunder to the other party, and the other party incurs any expense thereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non- breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies DIANE G. RADCLIFF I ATTORNEY-AT-LAW I 13 9498 TAINDLE ROAD CAMP HILL, PA 17~I1 y ~~ which the party may have and the party who failed to perform the obligations agrees to indemnify the other party and to hold him or her harmless for any and all such expenses, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. WITNESS: ~~ ~~ DIANE G. RADCLIFF II ATTORNEY-AT-LAW III( 14 94h8 TRINDLE ROAD CAhIP HILL, PA 17011 i` ,t '~/ NOT PUBLIC a r+~r„ z ~ „~,~ ~ n,c,,,, ly ;,,> i --_____~ DIANE G. RADCLIFF ATTORNEY-AT-LAW 3M8 TAINDLE ROAD CAMP HILL, PA 17011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND S5. On this, the ~~ day of ~ , 1995, before me, the undersigned officer, perso ally appeared, DEBORAB M. SNYDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the !o~'~day of ~ , 1995, before me, the undersigned officer, persona ly appeared, J. R. LONG, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARY/PUBLIC r i E i.1Z~r3~~ '31 i UC d' L ox'"~m I t c d .'nay PA Gcc.m~r 1GNVC ~J v ,~~5 EXHIBIT "A" 9 SCHEDULE OF ASSETS, LIABILITIES AND INCOME OF DEBORAH M. SNYDER ASSETS: 1. 8 Bourbon Red Drive Net Equity 2. Safeco Life Insurance Co. IRA Account No. LP 1002181 3. Pa State Employes Retirement (Hershey Medical Center Contributions) 4. Equity in automobile 5. Vested rights in IBM retirement LIABILITIES: NONE INCOME: SOURCE EDS $70,000.00 $29,098.99 $ 3,513.50 $ 6,926.00 $ 243.03/mth commencing at age 65 (present value unknown) ANNUAL AMOUNT $25,350.00 DIANE G. RADCLIFF ATTORNEY-AT-LAW 1 r, 8449 TRINDLE ROAD CAMP HILL, PA I]Oll r ~ ~~ 9 sxHrHis ^s° SCHEDULE OF ASSETS, LIABILITIES AND INCOME OF J.R. LONG ASSETS: 1. Prudential Securities Stocks & Investments $32,000.00 2. Equity in automobile $ 7,500.00 3. Vested rights in Rockwell International retirement $ 816.00/month commencing at age 65 (present value unknown) LIABILITIES: NONE INCOME: SOURCE ANNUAL AMOUNT FMC $ 54,384.00 DIANE G. RADGLIFF ATTORNEY-AT-LAW 16 9498 7RINDLE ROAD CAMP HILL, PA 190^ EXHIBIT "B" TABLE OF MARITAL ASSETS A B D Ln B. Ref Description DIAN Value Distribution 5 RE•1 19 Appaloosa Way, Mechanicsburg Sold 1fi5,477 Net Proceeds 11.15.05 6 RE-1 Prenuptial Distribution to Wife 11.15.05 (70;000y 7 RE-1 Net Equity 11.15.05 95,477 95,477 `'~ ~.' `° ~ . E , 9 v-t W's 2004 BMW 325xi KBB Value 8.19.05E 22,025 to v-t Chase Auto Finance Auto Loan Est. 9.16.05 (18,925) ~~ v-~ Net Equity -- 3,100' 3,100 t3 v-z H's 2004 Ford F150 Truck Est 35,1:51 to vz Sun Trust Auto Loan Est. 9.16.05 j26;308) 15 v-2 Net Equity -- 8,843 8,843 tip (~~~FP; `it*~j12 ~i . 5 ~~ ry-t W's BISYS Stock 3.24.06E 1,9fi1 1,961 ':. ,.., :, 19 A-t Joint Commerce Checking TBD TBQ zo a-t Joint Commerce Savings TBD TBQ> 2t a-~ Net Equity -- ,0' 0 z3 nz H's Wells Fargo Bank #7511 Checking TBD TBD za a-2 H's Wells Fargo Bank#7511 Savings TBD TBD z5 a-2 Net Equity -- 0, 0 z~ a-a W's Americhoice #524-13 Checking TBD TBD zs a•3 W's Americhoice #524-01 Savings TBD TBD 2s a•a Net Equity -- 0 0 as P~ ~ EXHIBIT r ~~ N J Q EXHIBIT "B" Ln I B. Ref Description DIAN I Value Distribution 3t Ret-t H's AVISYS/L3 Communications Pension TBD.' TBD 33 Ret-z H's AVISYS/L3 Communications 401 K Plan TBD TBD 3s Ret-3 W's BISYS 401 K Plan 6.30.05 19,528 19,528 31 Ret-a H's UDLP 401 K Plan DOS value TBD 3a Ret-a H's UDLP 401 K Plan DOM value TBD' 39 Ret-a Nef Martfal Value -- TBD TBD at Ret-s H's Fidelity Investments 401 K Plan DOS value 12.31.054 55,253 az Ret-s Less Marital Fidelity Investment Loan as of DOS TBD a3 Ret-s Less Fidelity Investments 401 K Plan DOM value TBD 44 Ret-5 plus Fidelity Investment Loan as of DOM TBD as Ret-s Net Marital Increase -- 55,253 55,253 Note: This asset may be part non-marital a~ ReRS W's EDS Pension Plan DOS value 11.30.054 8,882 as Ret•s W's EDS Pension Plan DOM value TBD as Ret-6 Net Marital Increase -- 8;88? 8,882 Note: This asset may be part non-marital 51 Ret-z W's EDS 401K Plan DOS value 12.31.054 8,921 sz Ret-7 W's EDS 401 K Plan DOM value TBD 53 Ret-7 Net Maritallncrease - 8,921 8,921 Note: This asset may be parfnon-marital ss Ret-8 H's Roekwell International Pension NM Excluded TBD TBD Note: This asset excluded by prenuptial agreement EXHIBIT "B" TABLE OF MARITAL ASSETS B D Ln B. Ref Description DIAN Value Distribution No 1 51 Ret-s W's TIAA CREFF (Hershey Medicaq 6.30.054 6;995 NM Note: This asset excluded by prenuptial NM Excluded agreement ss Reb10 W's Symetra Life Insurance IRA (Safeco) 6.30.054 29;952 NM Note. This asset excluded by prenuptial NM Excluded agreement st Reb11 W's IBM Pension Note: NM NM`' NM This asset excluded by prenuptial agreement NM Excluded „s H,, 63 HG-1 H's Personalty in H's Possession N/A N/q' N/A ss HG2 W's Personalty in W's Possession N/A N/A N/A ,. ... . s~ Total of Assets and Liabilities 201,964 EXHIBIT "C" TABL E OF " I NJUNCTION" MARITAL ASSETS FOR WHICH AN INJUNCTION IS SOUGHT A B C Ln Na B. Ref Descri lion ~a~' 1 Ret-1 H's AVISYS/L3 Communications Pension 2 Ret-z H's AVISYS/L3 Communications 401 K Plan 3 Ret3 W's BISYS 401K Plan a Ret•a H's UDLP 401 K Plan 5 Ret•5 H's Fidelity Investments 401 K Plan 6 Ret-6 W's EDS Pension Plan 7 Ret-7 W's EDS 401 K Plan a PI,p,INTIFF'S w EXHIBIT J W f Q N ~~~~~' -~ ., -- ~, ~_s ~, . _ ._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 v. JOHNNY R. LONG, Defendant CIVIL ACTION -LAW DIVORCE PETITION FOR ORDER FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 29"' day of March, 2006 comes the Petitioner, Deborah M. Long, by her Attorney, Diane G. Radcliff, Esquire, and moves this Court to schedule a conference on Plaintiff's claim for Alimony Pendent Lite and respectfully represents that: 1. Petitioner, Deborah M. Long, is an adult individual residing at 5430 Rivendate Boulevard, Mechanicsburg, Cumberland County, PA 17050, and is the Plaintiff in the above captioned divorce action. 2. Respondent, Johnny R. Long, is an adult individual whose mailing address is 3010 Ira Young Drive, #1006, Temple, TX 76504, and is the Defendant in the above captioned divorce action. 3. Petitioner and Respondent were married on 04/22/1995 and separated in ~, 200 4. Respondent has not sufficiently provided support for the Petitioner. 5. Petitioner is not on a financial par with Respondent in prosecuting and/or defending this Divorce Action, and is unable to support herself in accordance with the standard of living established during the marriage. 6. The within action was instituted by the filing of a Divorce Complaint by Plaintiff on 1/9/2004 7. In the Divorce Complaint filed on 08/25/2005, Petitioner raised a claim for Alimony Pendente Lite. 8. This Petition is filed to secure the entry of an order for alimony pendente lite on the Plaintiff's claim for Alimony Pendente Lite raised in the Divorce Complaint filed on 08125/2005. 9. A background data sheet pertaining to this claim for Alimony Pendente Lite is being filed with Domestic Relations concurrently herewith as required by Local Rules of Court. 10. The amount of A(imonyPendente Lite requested by the Petitioner is the maximum amount provided for under the guidelines. WHEREFORE, Petitioner prays that the Court enter an Order: a. Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; b. Requiring the Respondent to provide medical insurance and support for the Petitioner. Respectfully submitted, DIANE .. DCLIFF, ESQUI 3~Trind Road amp i , PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Petitioner 2 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. \~~x;nc~l X11. ~-cmcz DEBORAH M. LONG Date: '1`~1G,LC~ a3~~i~1>lo CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on March 29, 2006, I served a true and correct copy of the Petition for Conference on Claim for Alimony Pendente Lite upon Defendant by mailing same by first class mail, postage prepaid, addressed as follows: J.R. Long 3010 Ira Young Drive #1006 Temple TX 76504 I/ Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA Phone: (717) 240-6225 FOR OFFICE NSE ONLY Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Intake Information Questionnaire/Data Sheet (Please print clearly) PLAINTIFF'S INFORMATION: Relationship to Children: Name (L(a~st, Firs,~^M~i/ddle) Wh f' Alias 1Je)ociC'CLh~i~q 1'I'(~a~de^~ct°'~ Mother's Name (if not Plaintiff) UCra;r~i0. ~Y~ Address 5430 t'~iV~nC~C. Qr.~eycx~-d. city ~~r~an\LSbuv~cs State PIS Zip code i'IC~SC County Cumbz~\av,d~., SSN \'\'1-~-{Z-©Oe(Q DOB ~Z / -I / JrU Telephone ('Ill lb\-31`}3 Physical Description: Ht. 5~3~~ Wt. 1.7~ Eyes all~F Hair (316 Race ~_ Email Address C~m~UZ1.®L'OmC0.S~.he~' Mother's Maiden\Name (~VI~QiV~\~.NO.~C Father' s Name JC~If\ Qa~m City, State and Country of Birth Na«i5bv~a Pey~n ~u~Vau~\ _ \,~51'~ Plaintiff's Attorney Plaintiff's Attorney Address ~~t~4i ~~rih~IC. KO d \,a T Employer Name QzsYS ~n VY~QYIC.Q S C'V\CP-o. Net Pay $ ~~~~z Employer Address I-lz5o CrurnS JY1~C,,~~\\ ~ppC~ \~~ ~(~ Employer Medical Insurance Carrier Name ~71U.E.CroSS ~\ve~htz\~ Medical Insurance Carrier Address Phone 5,11 )IoS3-O~$~t ~oa~ Policy # C',6GP+~~51020"~ G'sYI'P 3K 00332~7$C Carrier Phone Marital Status Of Defendant: Divorced Married ~ Separated Single Date Married S /~2 /Q S Separated ~/ /~ Divorced / / Place of Marriage ~.ot.~l11\\ IPC'n~nSu1~QY~icL Place of Divorce 1~,- ~\ !l Address of Last Marital Domicile \q Ys~pCf~\(~opq~~Gia_i ~ l.0.(\~S~C r A ~-j p13 i PENNSYLVANIA 17013 Fax: (717) 240-6248 ;~~,PA \-I p\\ Per Page 1 of 4 r Intake Information Questionnaire/Data Sheet PLAINTIFF'S INFORMATION (Contin\u(ed) Relative or Friend Name O~QS~e- "e~\~ n Relationsh^ip S~S'~-'r Relative or Friend Address \~d~\\ ~CX ~~~\~ ,<co~c\. ~~0.}C. ~-o\~fae ~ Q~ Relative or Friend Phone Number (~~~) X31_ rJ4~~ :EN'S INFORMATION (Defendant's children only) E ast First Middle SSN DOB AGE SEX Bate rn ity Established? i 's Maide Name Father's Name '~ i Hospital of Birth Citv, St 2. NAME Last First Middle SSN Mother's Maiden Name \ Father' Hospital of Birth 3. NAME (Last, First, Middle) / SSN ~ DOB AGE SEX eateraity Established? / ~~_ Mother's Maiden Name Hospital of Birth AGE SEX Bate rnity Established? SSN DOB Father's Name AGE \ SEX Bate rnity Established? \ A~ City State and Country of Birth Page 2 of 4 Intake Information Questionnaire/Data Sheet DEFENDANT'S INFORMATION Name (Last, First, Middle) Maiden Name/Alias JOh'~l t~ • `--~hA / Address ~ Q~~ Zca 10W~a ~t~~V L'- 1 ~ ~U~`~ ,~1 City ~CPmD\~ State~_~ Zip Code '11y50`t County 1-~el~ ssN l}510 -~$-pp3'1 DoB of / 15 /Ia51 Telephone t~s`t) ~~3-1~14-5 Physical Description: Ht. 5~ q~~ Wt. Ia10 Eyes ~azC\_ Hair w`n- Race ~_ Email Address Jo~nr~nuT~v~e-~~@% E" 3Com. Com ~wor~~ h0 home e+mi~ ~r~ Mother's Maiden Name Jes gee AU~r Father's Name Jerb~d- h6V\Q City, State and Country of Birth Co~~'2HY~~~e. Kp-YlSCxS 1,lSF~ Defendant's Attorney Defendant's Attorney Address `." 3 C ln-te c~ e o Employer Name ommVw~~CC~-~i~U~- Net Pay S Per Employer Address "7SOG Y11QB~r Qp0.C~ ,'~C1Cb~_Te.X(~S 'lS')05~1(~S'1 Employer Phone ( ) Medical Insurance Carrier Name Policy # Medical Insurance Carrier Address Carrier Phone Relative or Friend Name `O.c'~w~e. ~-1o~YowS~~ Relationship SiS~ Relative or Friend Address ~54i41o ~'~'"`~"~ ~pr~a~yA. O~~Y'e. Scx~n P~r.ktsn~0a-TX -143-sy1 Relative or Friend Phone Number ('ZOO) 4a5^O\ba ASSISTANCE/EXISTING SUPPORT ORDER INFORMATION: Are you receiving cash or medical assistance? Y Q Are you receiving child care subsidy? Y Your Welfare Case # Existing Support order: Y NO Case # Amount for Spouse: Amount for Child(ren): County $ S Amount for Family (Spouse and Child(ren)): $ Applying? Y N State _ Per month Per month Per month Page 3 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-A372 v. : CIVIL ACTION -LAW JOHNNY R. LONG, DIVORCE Defendant AFFIDAVIT OF SERVICE I, the undersigned, being duly sworn/affirmed according to law, deposes and says: 1. I am over 18 years of age and am not related to either party to this action. 2. I served a true and correct copy of the Complaint in Divorce, properly endorsed with a Notice to Plead, upon the Defendant, Johnny R. Long, on /h~BcH ,z 2 , 2006, by handing a copy to Defendant at 30/U ZQA !%a~u ~ DQa~c /-~~? -~` ioo 6 T ~o~E, b'6ac Cou~vYY ~~xAS 76sa~ ~~~~ ~ (Signature) DAU.ZQ S~o'T j ~G/QF (Printed name) Sworn to and subscribed before me a Notary Public in and for 8f G ~ County, Texas this z 3 day of lv~AR~/~ , 2006 . NOTARY My commission expires: -~, MY C ~ ~/Alklni5 ~`usJ?fl~O pf~ „es 0 - ` :'~ 4 ! _ G 1~ ~_. . .: `r ... ,,.., E\ V~ ~ ~ _ :: -~ ,_ - _ C• ' DEBORAH M. LONG, THE COURT OF COMMON PLEAS OF Plaintiff/Petition CUNIRERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION - D-VORCE NO. OS-4372 CIVIL TERM JOHNNY A. LONG, IN D[VORCE Defendant/Respondent PACSES # O] 1]08164 ORDER OF COURT AND NOW, this 31st day of March, 2006, 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 onAyri120, 2006 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 he entered. YOU are further ordered to bring to the conference: (l) 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 [o 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, PresidenUudge Cupies mailed on March 31, 2006 to: Petitioner Respondent Diane G. Radcliff, Esquire Date oFOrder: March 31, 2006 R. J. adday, Conference Officer .,~ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND'FHE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONF. 'FHE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOLi MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 L[BERTS' AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 cc361 ' REC°F~'~T~D MAR ~ u 2006 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P ¢~sYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 v. CIVIL ACTION -LAW JOHNNY R. LONG, DIVORCE Defendant TEMPORARY INJUNCTION AND ORDER FOR HEARING AND NOW, this 3 ~ day of ~~, 2006, upon consideration of the within Petition, IT IS HEREBY ORDERED that: A HEARING IS SCHEDULED on the within Petition for the ~ day of , 2006 at :' Gg o'clock ~.m. in Courtroom ~_ of the Cumberland Coun Courthouse, Carlisle, Pennsylvania. AND IT IS FURTHER ORDERED that pending the hearing and further order of Court ,but without prejudice to either party: 1. The parties are each enjoined and prohibited from the removing, transferring, conveyancing, disposing, alienating or encumbering of any of the marital assets listed in the Table attached to the within Petition as Exhibit "A". 2. The parties shall maintain all Life Insurance Policies on his/her life, and Pension Plans, IRA accounts and 401K plans, existing as of the date of the parties' separation on May 2004, and shall designate the other party as the beneficiary of the death benefits on said policies, retirement plans or accounts to the extent that such policies or plans have death beneficiary or survivors benefits designations. The parties are further enjoined from terminating or cancelling said Life Insurance Policies, Pension Plans, IRA Accounts and 401K Plans, and from making any withdrawals from or loans against said Life Insurance Policies, Pension Plans, IRA Accounts and 401 K Plans. DISTRIBUTION TO: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Defendant: Johnny R. Long, pro se, 3010 Ira Young Drive #1006, Temple TX 76504 :~ h'-aS-vc DV TUC /-/'11 IDT. i v~ ,~!, . , ~-."il..l DEBORAH M. LONG, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PE'N'NSYLVANIA VS. CIVIL ACTION -DIVORCE NO. OS-4372 CIVIL TERM JOHNNY R. LONG, IN DIVORCF, DeCendant/Respondent PACSES CASE NO: 011108164 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 19th day of April, 2006, upon consideration oC the Petition for Alimony Pendente Litc and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on May ]], 2006 at 2:OOP.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: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as tiled (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as rcquired by Rule 1910.11© (4) veri5cation 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 [he conference or bring the rcquired documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley. President Judge Copies mailed on April 19, 2006 to: Petitioner Respondent Diane G. Radcliff, Esquire ]. Paul Helvy, Esq. Date of Order: April 19 2006 ~ _ t ~~ 1. ~ adday Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY AT'CEND THE CONFERENCE AND ^~ REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO'1'O OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY C:E'I' LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERI"Y AVE. CARLISLE, PF.NNSYLVAN[A 17013 (717)249-3166 cc361 li IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, No. 05-4372 Plaintiff v. CIVIL ACTION -LAW JOHNNY R. LONG, Defendant DIVORCE MOTION FOR CONTINUANCE AND NOW, comes the Petitioner, Johnny R. Long, by and through his attorneys, McNees Wallace & Nurick LLC, and files the following Motion for Continuance and in support thereof avers as follows: 1. Petitioner is Johnny R. Long who currently resides at 3010 Ira Young Drive, Apt. #1006, Temple, Texas 76504. 2. Respondent is Deborah M. Long who currently resides at 5430 Rivendale Boulevard, Mechanicsburg, Pennsylvania 17050. 3. On April 3, 2006, this Honorable Court entered an Order entering a temporary injunction and scheduling a hearing for June 1, 2006. 4. J. Paul Helvy, Esquire, who has been retained as counsel for Mr. Long, has a scheduling conflict and is unable to attend the June 1, 2006 hearing. 5. Attorney Diane G. Radcliff, counsel for Ms. Long, indicates that she has no objection to a continuance of this matter. 6. Both counsel agree that the Temporary Order which had been entered by the Judge should reference assets on Exhibit "C", not Exhibit "A". 7. Attorney Radcliff has had the opportunity to review this Motion prior to its filing and concurs with the requested relief. WHEREFORE, the Petitioner respectfully requests this Honorable Court to: Reschedule the temporary injunction hearing; and 2. Correct the typographical error on the current Order of April 3, 2006 to reference the assets on Exhibit "C", rather than Exhibit "A". Respectfully requested, MCNEES WALLACE & NURICK LLC By: Date: ~ `~~-0lv LLC 100 Harrisburg; PA 17108-1166 (717)232-8000 (717)237-5300 Fax Attorney for Petitioner CERTIFICATE OF SERVICE AND NOW, on this ~I~ day of Y I ~ , 2006, I, Lynn B. Lowe, Secretary for J. Pau{ Helvy, Esquire, hereby certify that I have served a true and correct copy of the within document via first class mail postage paid as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 McNEES WALLACE & NURICK LLC By ~ l7\L`~~~ Lynn B. Lowe, Secretary for J. Paul Helvy, Esquire I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 v. JOHNNY R. LONG, Defendant CIVIL ACTION -LAW DIVORCE INCOME AND EXPENSE STATEMENT OF DEBORAH M. LONG I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, 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: l-i' aO-'aU0(n ~l~nnQh ~1 DEBORAH M. LONG ~~ -1- PART I. INCOME A. EMPLOYMENT INFORMATION: Employer: BISYS Address: 4250 Crums Mill Road, Harrisburg, PA 17112 Position: Purchasing Supervisor Pay Period: Biweekly Comments Income does vary from pay to pay depending on overtime etc B. REGULAR PAY On a biweekly basis is at the rate of $18.8349 x 80 = 1506.79/BW = 39,176.54/yr C. CALCULATION OF INCOME BASED ON 4/7/06 PAY STUB, (7r" BIWEEKLY PAY PERIOD} DESCRIPTION YTD FACTOR BIWEEKLY WEEKLY MONTHLY YEARLY Grosslncome 11,439.85 7 1,634.26 817.13 3,540.91 42,490.87 FICA (682.46) 7 (97.49) (48.75) (211.24) (2,534.85) Medicare (159.61) 7 (22.80) (11.40) (49.40) {592.84) Federal (1,022.63) 7 (146.09) (73.05) (316.53) (3,798.34) State (337.55) 7 (48.22) (24.11) (104.48) (1,253.76) Local (175.94) 7 (25.13) (12.57) (54.46) (653.49) PA SUI/SDI (10.30) 7 (1.47) (0.74) (3.19) (38.26) Mandatory Retirement 0.00 7 0.00 0.00 0.00 0.00 Subtotal 9,051.36 7 1,293.05 646.53 2,801.61 33,619.34 401K (686.39) 7 (98.06) (49.03) (212.45) (2,549.45) Dental (19.95) 7 (2.85) (1.43) (6.18) (74.10) Medical (184.66) 7 (26.38) (13.19) (57.16) (685.88) Vision (35.14) 7 (5.02) (2.51) (10.88) (130.52) LTD (36.89) 7 (5.27) (2.64) (11.42) (137.02) Vacation Buy (204.85) 7 (29.26) (14.63) (63.41) (760.87) Occ. Tax (52.00) 7 (7.43) (3.71) (16.10) (193.14) NET INCOME 7,831,48. 7 1,1:18.78 559.39 2,424.03 29,088.35 2- D. CALCULATION OF AVERAGE INCOME BASED ON 6 MONTH OF BIWEEKLY PAY PERIODS N0. PAY PERIOD ENDING DATE # OF OVERTIME HOURS GROSS INCOME 1 4.7.06 3.25 1,598.61 2 3.24.06 8 1,770.48 3 3.10.06 1.75 1,603.32 4 2.24.06 3.75 1,612.74 5 2.10.06 3 1,629.22 6 1.27.06 4 1,619.80 7 1.13.06 3.5 1,605.68 8 12.30.05 .75 1,565.65 9 12.16.05 3.75 1,659.83 10 12.02.05 0 1,530.34 11 11.18.05 1.5 1,586.84 12 11.4.05 .5 1,558.59 13 10.21.05 0 1,572.72 14 10.7.05 0 1,586.84 TOTAL 22,500.66 AVERAGE PAY BIWEEKLY 1,607.19 AVERAGE PAY PER YEAR 41,786.94 AVERAGE PAY MONTHLY 3,482.25 -3- E. CALCULATION OF INCOME BASED ON 12/30/05 PAY STUB: DESCRIPTION YEARLY MONTHLY BIWEEKLY Gross Income 43,171.13 3,597.59 1,660.43 FICA (2,575.80) (214.65) (99.07) Medicare (602.40) (50.20) (23.17) Federal (3,907.07) (325.59) (150.27) State (1,274.15) (106.18) (49.01) Local (664.03) (55.34) (25.54) PA SUI/SDI (38.85) (3.24) (1.49) Mandatory Retirement 0.00 0.00 0.00 SUBTOTAL 34,1-08.83 2,842.40 1,311.88 401K (2,590.27) (215.86) (99.63) Dental (68.12) (5.68) (2.62) Medical (646.88) (53.91) (24.88) Vision (196.56) (16.38) (7.56) LTD (69.74) (5.81) (2.68) Vacation Buy (756.46) (63.04) (29.09) Occupation Tax (52.00) (4.33) (2.00) NET INCOME 29,728.80 ' 2,477.40 1,143.42 -4- E. OTHER INCOME: DESCRIPTION WEEKLY MONTHLY YEARLY Interest $0.00 $0.00 $0.00 Dividends $0.00 $0.00 $0.00 Pensions $0.00 $0.00 $0.00 Annuities $0.00 $0.00 $0.00 Social5ecurity $0.00 $0.00 $0.00 Rents $0.00 $0.00 $0.00 Royalties $0.00 $0.00 $0.00 Expense Account $0.00 $0.00 $0.00 Unemployment Compensation $0.00 $0.00 $0.00 Workman's Compensation $0.00 $0.00 $0.00 Income Tax Refunds $0.00 $0.00 $0.00 Support or Alimony $0.00 $0.00 $0,00 Commissions $0.00 $0.00 $0.00 Tips $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL OTHER INCOME $0:00 $0.00 $0.00 5- PART 11. EXPENSES DESCRIPTION MONTHLY AMOUNT COMMENTS HOME EXPENSES: First Mortgage $828.15 Maintenance and Repairs $25.00 Electric $55.00 Estimated Average Gas $134.25 Land Line Telephone $75.00 Cell Phone $42.39 Water $13.00 Sewer/Trash $41.34 124/qtr Lawn Care & Snow Removal $50.00 EMPLOYMENT Public Transportation Lunches $100.00 NON MANDATORY EMPLOYMENT PAYROLL DEDUCTIONS PA SUI/SDI $3.24 401K $215.86 Dental $5.68 Medical $53.91 Vision $16.38 LTD $5.81 Vacation Buy $63.04 Occupation Tax $4.33 TAXES: School Real Estate Taxes $164.52 $1,974.26 Municipal Real Estate Taxes $51.73 $620.70 Personal Property Taxes -6- DESCRIPTION MONTHLY AMOUNT COMMENTS Income Taxes Not Withheld Per Capita/Occupation Taxes $1.63 19.60/yr INSURANCE: Homeowners Insurance $58.00 696/yr Automobilelnsurance $60.70 728.40/yr Life Insurance See non-mandatory pay roll deductions above Medical/Dental/Vision Insurance See non-mandatory pay roll deductions above Otherlnsurance AUTOMOBILE EXPENSES: Payments $519.80 Fuel $132.00 Maintenance and Repair $25.00 License and Registration $3.00 36/yr Emergency Roadside Assistance $20.00 240/yr MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE: Doctor $5.00 Optical $5.00 Dental Orthodontic Hospital Medicine $20.00 Special Needs/Therapy Etc. -7- DESCRIPTION MONTHLY AMOUNT COMMENTS EDUCATIONAL EXPENSES: Private/Parochial School College/Vocational Religious Training or Education Books/Fees and Supplies Other Educational Expenses PERSONAL EXPENSES: Clothing $125.00 Food $450.00 Barber ,Hair Dresser ft Nails $60.00 Memberships $1.00 HARP Dry Cleaning $12.00 CREDIT CARDS AND LOANS: MISCELLANEOUS EXPENSES: Household Help Child Care Newspapers/Magazines/Books $25.00 Entertainment $150.00 Internet $45.95 Pay TV $42.60 Vacations $169.23 2030.75/yr based on marital practice Gifts $25.00 -8- DESCRIPTION MONTHLY AMOUNT COMMENTS Legal Fees $150.00 Charitable Contributions $40.00 Other Child Support (not this action) Other Spousal Support or Alimony (not this action) Spring Water Delivery $29.00 Vet for 2 pets $22.00 TOTAL EXPENSES $4,145.54 9- PART IV. SUPPLEMENTAL INCOME STATEMENT [ d ]CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check blocktoindicatethedocument is attached): (1) The most recent Federal Income Tax Return. [)attached (2) The most recent Profit and Loss Statement. [ J attached (c) Name of Business: Business Address: Business Telephone: (d) Nature of Business (check one) [] 1. Sole Proprietorship [ ] 2. Partnership [ ] 3. Joint Venture [] 4. Professional [ ] 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f) Bu: 1. 2. 3. 4. 5. ,iness Income: Annual income from business: How often is income received: Gross income per pay period: Net income per pay period: Specify deductions, if any: ,, , , `~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, No. 05-4372 Plaintiff : v• CIVIL ACTION -LAW JOHNNY R. LONG, ; Defendant DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant, Johnny R. Long, in the above matter. McNEES WALLACE & NURICK LLC By J. aul vy . . N .53148 10 ine Street .O. Box 1166 Harrisburg, PA 1 (717) 237-5343 (717) 237-5300 (fax) Attorneys for Defendant Dated: April 21, 2006 CERTIFICATE OF SERVICE AND NOW, on this ~2~ day of , 2006, I, Lynn B. Lowe, Secretary for J. Paul Helvy, Esquire, hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 McNEES WALLACE & NURICK LLC a.~~ ~~. Lynn $. Lowe, Secretary for J. Paul Helvy, Esquire I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5343 Attorneys for Defendant r-a C.' ; _ `71 ~^,., --! iJ ,-x f'_ ...-...5 .... j r .1 r. i `'~.~ W .X: ~: ~~ DEBORAH M.LONG, Plaintiff/Petitioner V S. JOHNNY R. LONG, Defendant/Respondent THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION -DIVORCE NO. OS-4372 CIVIL TERM IN DIVORCE PACSF.S CASF, NO: 011108164 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 28'x' day of April, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that tha parties and [heir respective counsel appear before RJ. Shadday on Mav 23, 2006 at 1:30 P.M. for a conference, at L3 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 1910.1 I© (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 vour arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on April 28, 2006 to: Petitioner Respondent Diane G. Radcliff, Esquire .1. Paul Helvy, Esq. Date of Order: April 28, 2006 f//jf ~ "~ ~ .1~...L j%j`~.1...~ ~~a-C R. J. S dday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE'IHE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOC[ATiON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA ]70]3 (717)249-3166 cc361 -i ..~ MAY 0 3 2~96~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, No. 05-4372 Plaintiff v. CIVIL ACTION -LAW JOHNNY R. LONG, Defendant DIVORCE ORDER And now, this ~,~ day of ~z~_, 2006, upon consideration of Petitioner's Motion for Continuance, it is hereby ORDERED that: 1. A continuance is granted of the hearing scheduled for Thursday, June 1, 2006, at 1:30 p.m. and is rescheduled to !~ c~ c2~~',3d q . /h , ~,,<- ~Oc~~~ #l. 2. This Court's Order of April 3, 2006 is amended to read as follows: "1. The parties are each enjoined and prohibited from the removing, transferring, conveying, disposing, alienating or encumbering of any of the marital assets listed in the Table attached to the within Petition as Exhibit "C". 2. The parties shall maintain all Life Insurance Policies on his/her life, and Pension Plans, IRA accounts and 401 K plans, existing as of the date of the parties' separation in May 2004, and shall designate the other parry as the beneficiary of the death benefits on said policies, retirement plans or accounts to the extent that such policies or plans have death beneficiary or survivors benefits designations. The parties are further enjoined from terminating or canceling said Life Insurance Policies, Pension Plans, IRA Accounts and 401 K Plans, and from making any Y ~` rr Qz N ~' g ~ ~ ~'x '~ ~ o ~. ~ N •. withdrawals from or loans against said Life Insurance Policies, Pension Plans, IRA Accounts and 401K Plans." BY THE COURT: C4~ ~b ~`N ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/DiSt.Of CUMBERLAND Date of Order/Notice 05/23/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number O Original OrderlNOtice 011108164 Q Amended Order/Notice OS-4372 CIVIL Q Terminate Order/Notice RE: LANG, JOHNNY R. Employee/Obligor's Name (Last, Firs[, MI) 456-88-0037 L-3 COMMUNICATIONS PO BOX 16320 SALT LAKE CITY UT 84116-0320 Employee/Obligor's Social Security Number 5487101648 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, 254.00 per month in current support $ 159. oo per month in past-due support Arrears 72 weeks or greater? Qyes ®no $ o . oo Per month in current and past-due medical support $ o . oo Per month for genetic test costs $ per month in other (specify) for a total of $ 1, 413.00 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: $ 326.08 per weekly pay period. $ 652.15 per biweekly pay period (every two weeks). $ 706. so per semimonthly pay period (twice a month). $ 1.413 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (70) 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. p0 NOT SEND CASH BY MA/L. BY THE COURT: Date of Order: ~AY 2 ~ 2406 DRO: R. J, Shadday Service Type Nt ~' ~\ Y M. L. Ebert, Jr., Judge Form EN-028 OMB No.: n9]0.m 54 ~~/~•Lo. I rl $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If hecked you are required, to provide a opy of this form to your. m loyee. If yo r employee orks in a state that is d i~ferent from the state that issued this orr~er, a copy must be provir~et>Pto your employee even if t~e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of [he single payment that is attributable to each employee/obligor. 3.* . 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: 1339374360 EMPLOYEE'S/OBLIGOR'S NAME: LONG. JOHNNY R. EMPLOYEE'S CASE IDENTIFIER: 5487101648 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 [he 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/obligorfmm employment, refusing to employ, or taking disciplinary action against any employee/obligorhecause of a support withholding. Pennsylvania Slate law govems unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee%bligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at f717) 240.6225 or by FAX at (7171 240.6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 09J0-0154 Form EN-028 Worker ID $IATT s ADDENDUM Summary of Cases on Attachment DefendanUObligor: LONG, JOHNNY R. PACSES Case Number 011108164 Plaintiff Name DEBORAH M. LONG Docket AttachmentAmount OS-4372 CIVIL$ 1,413.00 Child(reN's Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(reN identified above in any health insurance coverage available through the employee's/obligor's employment. ^ 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 [he employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID OMB No.: 09]0-0154 $ IATT N O ~- c-) -n2. T rn; G;- N f': ~. ; ~ `i ~:_ ~ ~a r -~' rr, ~ CLT t.-~s =~ C7 Czm L DEBORAH M. LONG, P laintiff/Petition er VS. JOHNNY R. LONG, DefendantBespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. OS-4372 CIVIL TERM IN DIVORCE PACSES # 011108164 ORDER OF COURT AND NOW, this 23rd day of May, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2740.52 and Respondent's monthly net income/earning capacity is $5874.72, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1413.00 per month payable as follows: $1254.00 for alimony pendente life and $159.00 on arrears. First payment due next pay date in the amount of $652.15 bi-weekly. Arrears set at $1908.00 as of May 23, 2006. The effective date of the order is March 29, 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: Deborah M. Long. 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 J t Respondent is given credit in the amount of $600.00 for direct payment since the date of filing. Petitioner will 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 Petitioner's Attorney Respondent Respondent's Attorney DRO: R. J. Shadday BY THE COURT, Mailed copies on: Petitioner May 24,2006 Respondent Diane G. Radcliff, Esq. J. Paul Helvy, Esq. M. L. Ebert, Jr., ~ J, o r.~ : w ~ ~,.,~, . ~, ib n1~ m ? .c ' ',<~ .Ty ? { „_ ~ ~~~ rn _~ <"~ .. 1 cr y .. _ ''~ DEBORAH M. LONG, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-DIVORCE NO. 05-4372 CIVIL TERM IN DIVORCE JOHNNY R. LONG, Defendant PACSES Case No. 011108164 DEMAND FOR HEARING DE NOVO The undersigned Petitioner respectfully represents that: 1. Petitioner is Johnny R. Long and resides at 3010 Ira Young Drive, Apt. #1006 Temple, Texas 76504. 2. Respondent is Deborah M. Long, and resides at 5430 Rivendale Boulevard, Mechanicsburg, Pennsylvania 17050. 3. An APL conference in this matter was held on May 23, 2006. 4. An Order was entered on May 23, 2006 requiring Defendant to pay APL. 5. Petitioner demands a hearing de novo in this matter. Date: ~0' (-O (o By: P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 Fax Attorney for Petitioner Respectfully requested, MCNEES WALLACE & NURICK LLC ..~ CERTIFICATE OF SERVICE AND NOW, on this ~ ~ day of ~Llr'1~ , 2006, I, Lynn B. Lowe, Secretary for J. Paul Helvy, Esquire, hereby certify that I have served a true and correct copy of the within document via facsimile and first class mail postage paid as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 McNEES WALLACE 8~ NURICK LLC By Lynn .Lowe, Secretary for J. Paul Helvy, Esquire I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5343 Attorney for Petitioner *.,,.. C7 C `~' c=a ~ - - ~-, r- --- tl"• j' , X C ---~ ~ .~ .'' _.._ t f7~~ -~ T . i. ~ ` ~ ~* .T ~.~ .t ~{ ~ ~C J ~` . 111-(1 ..% GJ .A7 .... -C ~/ . „ '~~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEBORAH M. LONG ) Docket Number 05-4372 CIVIL Plaintiff ) vs. ) PACSES Case Number 011108164 JOHNNY R. LONG ) Defendant ) Other State ID Number ORDER OF COURT You, JOHNNY R. LONG plaintiff/defendant of # 1006, 3010 IRA YOUNG DR, TEMPLE, TX. 76504-6385-56 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 JULY 10 , 2 0 0 6 at 1: 3 0 PM 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 ~ ,.~ LONG PACSES Case Number: 011108164 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: - ~ -(~~ ~~ ~~ 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 scheduled hearing. v• LONG 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 Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 ~~~ PRp~ oFF,c ~e a, ~ pP C~ D1'-~ In the Court of Common Pleas of CIJMgERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEBORAH M. LONG ) Docket Number 05-4372 CIVIL Plaintiff ) vs. ) PACSES Case Number 011108164 JOHNNY R. LONG ) Defendant ) Other State ID Number ORDER OF COURT You, DEBORAH M. LONG plaintiff/defendant of 5430 RIVENDALE BLVD, MECHANICSBURG, PA. 17050-2024-30 are Ordered t0 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 JULY 10 , 2 0 0 6 at 1: 3 0 PM 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 LONG 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: ~-~ _~p 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. ~• LONG PACSES Case Number: 011108164 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 213 0 2 n r- ~ ° Q `, _ rs+ ~ "i ' k,~... E i ~ f" _~ ~ _ _ .. (~ =1 I' ~ , .N ` ~ C.J ~~ (`f~ • • 't+ ~~ .G' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 v. CIVIL ACTION -LAW JOHNNY R. LONG, DIVORCE Defendant STIPULATION AND NOW, this~~day ofd, 2006, Deborah M. Long ("Wife") and Johnny R. Long ("Husband") hereby stipulate and agree that until further order of court or written agreement of the parties the following shall apply: 1. Each of them shall be enjoined and prohibited from the removing, transferring, conveyancing, disposing, alienating or encumbering of any of the retirement plans listed in the Table attached to the within Stipulation as Exhibit "A". 2. The parties to shall maintain all Life Insurance Policies on his/her life, and Pension Plans, IRA accounts and 401K plans, existing as of the date of the parties' separation on August 25, 2005, and to designate the other party as the beneficiary of the death benefits on said policies, and any death benefits for retirement plans or accounts to the extent that such policies or plans have death beneficiary or survivors benefits designations. 3. The terms of this Stipulation shall settle and resolve the issues raised in Wife's Petition for Special Relief/Injunction, previously scheduled for hearing before the Honorable J. Wesley Oler on July 5, 2006 at 9:30 p.m., and the parties authorize the Court to cancel said hearing. 4. Each party agrees to accept and be bound by facsimile signatures hereto. 5. The parties authorize the Court to enter an Order incorporating the terms of this Stipulation. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year below written. TNESS: ~ona~ ~ • (SEAL) DEBORAH M. LONG Date: (~ - ~~ - O to JOHNNY R. LO G Date: ~S125/2006 14:2 ~A\ 717 237 5300 MCNEES B'ALLACE & NURICK ~j002/002 • WdLS=Zt 900Z/BZ/90 1N THf: COURT Oi~ COlNAtiQN PLFA4 OF CUNII;<l;f2LANa COUNTY. PENNSYLVANIA DFr[iORAN IN. LONG, Pietlitgf~ NO. 05-4372 v. CiYiL AGTtt3N - lAW 10NNNY R. LONG, DIVORCE Def~:vtdant STIPULATION AND NaW, this,. Bay cf July, 2GOb, treborah M. t~onQ ("Wife"1 and Johnny a Long ("fiusb~rnd") herebi- stipuate and Agree as follows: 1, Except upon vwittc n mutual agreement of the parties, each of them shall ba errjolned and prohibited from the removing, transferring, conv~cyancirr9, dtsp~osing, alienating or enwrnlxrir~ of ar~y of the retirement plans list@d tit the Table attached to the within 5tipuldtion as Fxhfbit "A", 2. 'the parties to shal ,maintain all lffe Insurance Policies on hislher fife, and Pen4ion Plaru, ~R+4 accounts and X101 K plans, exlstinQ es of the date of the parties separation on Aug-~t 25, zOpS, ~u+d to dt~sfgnate the other party as the benet9dary of the death benef;ts on said polfcios, and any death benefits for retirtms3nt plans or a+ccvunts to the extent that ~ patides or plans h sve death br~ficiery or survlvcxs benefits destQnatiais. 3. Tf~e tetm5 of this ~itipUletion shalt settl4 and resolve the issues raised in Wife's Pediion far Special Relie~fllnjunctfon, previously scheduled f01' hearing before file Hpnorable J. Wesley Oler on .i~:ly 5, 2006 at 4:30 p.m., end the paftle5 authatiae N1e Cotet to cancel said hebring. a. Each party agreE; s to accept end be bound by facsimile signatures hereto. 5. The parties 3uthr~rize the Court to enter an Order incorporating the terms of this Stipulation. IN 1NITNFSS WHEREOF, th'~ parties have sit their hands and seats the day and year below written. W I'iYf ESS: (S~-~ DEIiCiRrW AA. LONG [)stet __ (~-) JOHNNY . L F G Date: G a TOOt,~j I~~Q69 Of+Lb LZV zTS XY~ CS~Lt QgM 90/SZ/90 ~. _, c~-, -, t_: -', __-, '_._,, ;:~-: _,,~ DEBORAH M. LONG, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION JOHNNY R. LONG, PACSES NO. 011108164 DefendanURespondent DOCKET NO. OS-4372 CIVIL TERM INTERIM ORDER OF COURT AND NOW, this 14`h day of July, 2006, upon consideration of the Support Master's Report and Recommendation, acopy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. For the period of March 29, 2006 through June 14, 2006 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for transmission to the Plaintiff as alimony pendente life the sum of $1,190.00 per month. B. Effective June 15, 2006 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit For transmission to the Plaintiff as alimony pendente life the sum of $990.00 per month. C. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $210.00 per month on arreazages until paid in full. D. The Defendant is given a credit on azreazages of $900.00 for direct payments to the Plaintiff since the filing date of her petition. 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 MAYBE 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. By the Court, ~, ""-'"~ M. L. Ebert, Jr., J. Cc: Deborah M. Long Johnny R. Long Diane G. Radcliff, Esquire For the Plaintiff/Petitioner J. Paul Helvy, Esquire For the Defendant/Respondent DRO DEBORAH M.LONG, Plaintiff/Petitioner V. JOHNNY R. LONG, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 011108164 DOCKET NO.OS-4372 CIVIL TERM SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on July 10, 2006, the following report and recommendation aze made: FINDINGS OF FACT 1. The Plaintiff is Deborah M. Long, who resides at 5430 Rivendale Boulevard, Mechanicsburg, Pennsylvania. 2. The Defendant is Johnny R. Long, who resides at 3701 Highland Drive, Austin, Texas. 3. The parties were married on Apri127, 1995. 4. The Defendant moved to Texas in May, 2004. 5. The Plaintiff filed a complaint in divorce on or about August 25, 2005 which contained a claim for alimony pendente lite. 6. The Plaintiff filed a Petition for alimony pendente lite on Mazch 29, 2006. The Plaintiff is employed as a purchasing supervisor by BISYS Insurance Services where her average gross monthly income through June 30, 2006 has been $3,693.00. 8. The Plaintiff will file her federal income tax return for 2006 as man•ied/sepazate. 9. The parties sold the mazital residence on November 15, 2005. 10. The Plaintiff received $70,000.00 from the sale of said residence pursuant to the terms of apre-nuptial agreement executed by the parties. 11. The Plaintiff received an additional $47,739.00 from the sale proceeds of the residence. 12. The Defendant also received $47,739.00 from the sale proceeds of the residence. EXHIBIT "A" ~~~~ 13. The Plaintiff applied all of the proceeds she received from the sale of the residence to purchase her current home. 14. The Plaintiff has a 401(k) plan with her current employer valued at approximately $19,500.00 as of June 30, 2005. 15. The Plaintiff contributes approximately $215.00 per month to said 401(k) plan. 16. The Plaintiff has a retirement plan with EDS, her former employer, valued at approximately $9,000.00 as of March 31, 2006. 17. The Plaintiff has a retirement account with TIAA-CREF valued at approximately $7,000.00 as of June 30, 2005. 18. The Plaintiff has an account with Symetra Life Insurance Company with a cash surrender value of approximately $29,950.00 as of June 30, 2005. 19. The Plaintiff s current expenses exceed $4,000.00 per month. 20. The Plaintiffs current income is not sufficient to meet her current expenses. 21. When the Plaintiff filed her petition for alimony pendente lite the Defendant was employed by L-3 Communications with a gross bi-weekly salary of $3,980.80. 22. On or about June 15, 2006 the Defendant began employment with GSD&M, where he has a gross bi-weekly salary of $3,653.60. 23. The Defendant has a history of heart problems. 24. The Defendant was working 70 hours per week with L-3 Communications and was experiencing significant stress. 25. After consulting with a cardiologist the Defendant chose to change his employment for health reasons. 26. Since changing employment the Defendant's stress has been greatly reduced. 27. The Defendant has an IRA with Fidelity Investments valued at approximately $60,000.00. 28. The Defendant will file his federal income tax return for 2006 as married/separate. 29. The Defendant has made direct payments to the Plaintiff totaling $900.00 since the date of filing of her petition. DISCUSSION "Alimony pendente life" is defined as "an order for temporazy support granted to a spouse during the pendency of a divorce or annulment proceeding." 23 Pa. C.S. Section 3103. It is designed to enable a dependent spouse to proceed with or defend the divorce action. Javne v. Jayne, 663 A.2d 169 (Pa. Super. 1995). Factors to consider in determining entitlement to an awazd of alimony pendente life include the separate income and estate of the claimant, the ability of the other party to pay, and the character, situation and surroundings of the parties. Litmans v. Litmans, 673 A.2d 382 (Pa. Super. 1996). If a claimant is found to be entitled to an award of alimony pendente life, the amount of the award is calculated pursuant to the support guidelines in the same manner as an award of spousal support. Little v. Little, 47 Cumberland L.J. 131 (1998). "[N]otwithstanding the equivalency of spousal support and APL for purposes of computation under the rules of civil procedure, a determination of entitlement in accordance with the traditional test remains a prerequisite to an awazd of APL." Clouse v. Clouse, 50 Cumberland L.J. 167, 171 (2001). The Plaintiff has average gross monthly income of $3,693.00 through June 30, 2006. Filing her federal income tax return as married/sepazate, she has net monthly income for support purposes of $2,796.00.2 The Plaintiff testified that her average monthly expenses were approximately $4,175.00. She testified further that she is borrowing money from family members to meet her expenses. While it appears that some of the Plaintiffs expenses may be slightly inflated, in the opinion of this Master they aze viewed as reasonable considering the standard of living of this couple during the mamage. Her income is not sufficient to meet her reasonable needs. The Defendant had gross bi-weekly income at the time of filing of the petition of approximately $3,981.00, or $8,625.00 per month. Filing his federal income tax return as married/sepazate, he had net monthly income for support purposes of $6,234.00 s The Defendant has not submitted an expense statement, nor has he argued that he does not have the financial ability to pay an award of alimony pendente life. Taking into consideration the factors set forth in Litmans v. Litmans, supra., in the opinion of this Master the Plaintiff has met her burden of establishing her entitlement to an award of alimony pendente life. Therefore, a calculation of the Defendant's obligation will be performed in accordance with the support guidelines. With net monthly income for the Defendant of $6,234.00 and for the Plaintiff of $2,796.00, and with no minor children involved in this case, the Defendant's monthly obligation for alimony pendente life under the guidelines on the date of filing is $1,375.00 a On or about June 15, 2006 the Defendant voluntarily changed employment and in so doing lowered his net monthly income. With gross bi-weekly income of $3,654.00, or $7,916.00 per month, at his new employment, the Defendant's net monthly income is 'The Plaintiff's gross year-to-date income through June 30, 2006 has been $22,158.00. Z See Exhibit "A" for tax deductions from gross income. See Exhibit "A" for the tax deductions from gross income. There are no state or local income taxes in Texas. ° See Exhibit "B" for the calculation. $5,737.00.5 With this income his monthly support obligation under the guidelines is $1,176.00.6 The Plaintiff argues that the Defendant should continue to be imputed with an earning capacity equal to that which he had earned while employed by L-3 Communications. Where an obligor has voluntazily changed employment to a position with a reduced income, he must establish that the change of employment was not made for the purpose of avoiding a support obligation and secondly that a reduction in support is warranted based on efforts to mitigate income loss. Grimes v. Grimes, 596 A.2d 240 (Pa. Super. 1991). The Defendant's testimony that he changed employment for health reasons is found to be credible. He was working 70 hours per week with L-3 Communications and was under a great deal of stress. He has a personal and family history of heart problems. The Defendant did not leave his position with L-3 Communications to avoid a support obligation. Before leaving L-3 the Defendant found a position with an annual salary of $95,000.00. His income decreased approximately 8% annually at his new employment. In the opinion of this Master the Defendant used good faith efforts to mitigate his income loss. A support order calculated pursuant to the guidelines is presumed to be correct, but the presumption may be rebutted by evidence that the guideline amount is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d 939 (Pa. Super. 1997). In this case the Plaintiff argues that she has insufficient funds to meet her living expenses while at the same time continues to contribute $215.00 per month to her 401(k) plan with her employer. The Defendant clearly does not have the obligation to subsidize his wife's retirement account during the divorce proceeding. The Plaintiff has the present ability to defer making contributions to her 401(k) during the divorce and apply those funds to her expenses. Under the circumstances of the case, in the opinion of this Master, entering a guideline order would be inappropriate. A recommendation is made that a downward deviation of $185.00 per month be made to the Defendant's alimony pendente life obligation. RECOMMENDATION A. For the period of Mazch 29, 2006 through June 14, 2006 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for transmission to the Plaintiff as alimony pendente life the sum of $1,190.00 per month. B. Effective June 15, 2006 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for transmission to the Plaintiff as alimony pendente life the sum of $990.00 per month. C. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $210.00 per month on arreazages until paid in full. 5 See Exhibit "C" for the tax deductions from gross income. e See Exhibit "D" for the calculation. The deviation amount recognizes that were the Defendant to defer making contributions to her 401(k) plan, the $215.00 per month would be subject to federal income tax. 4 D. The Defendant is given a credit on azreazages of $900.00 for direct payments to the Plaintiff since the filing date of her petition. ~~..1,, t4 zc~6 ~ V~,' ~Q l2 k~--~ . D=ate ~ Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Tax ~~~t Report Plaintiff Name: Deborah M. Long Defendant Name: Johnny R. Long Docket Number: PACSES Case Number: 011108164 Other State ID Number: Tax Year: Current: 2006 ant P#~iinid!'F 1. Tax Method Manual 1040 ES 2. Fling Status Married Filing Se aratel Married Filing Se aratel 3. Who Claims the Exem lions Obli ee 4. Number of Exemptions 1 1 5. Monthl Taxable Income $8,625.10 $3,693.00 6. Deductions Method Standard Standard 7. Deduction Amount $429.17 $429.17 8. Exem lion Amount $275.00 $275.00 9. Income MINUS Deductions and Exem lions $7,920.93 $2,988.83 10 . Tax on Income $1,779.80 $460.34 11 . Child Tax Credit - - 12 . Manual Ad'ustments to Taxes - - 13 . Federal Income Taxes $1,779.80 $460.34 13 a. Earned Income Credit - - 14 . State Income Taxes - $116.70 15 . FICA Pa ents $611.76 $282.52 16 . City Where Taxes Apply --Select-- --Select-- 17 . Local Income Taxes - $36.93 TOTAL Taxes $2,391.56 $896.49 SuppoACalc 2006 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania t!tt +~aitc fii~n R~uie '1,~~~0.1g (I'ACStEB FOF~MAT) Plaintiff Name: Deborah M. Long Defendant Name: Johnny R. Long Docket Number: PACSES Case Number: 011108164 Other State ID Number: 1. Obli or's Monthl Net Income $6,233.54 2. Less All Other Su ort - 3. Less Obli ee's Monthl Net Income $2,796.51 4. Difference $3,437.03 5. Less Child Su ort Obli ation for Current Case - 6. Difference $3,437.03 7. Multi I b 30% or 40% 40.00% 8. Income Available for S ousal Su ort $1,374.81 9. Ad'ustment for Other Ex enses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,374.81 Pre ared b : mrr Date: 7/13/2006 SupportCalc 2006 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Tic '~ R~~-a~t Plaintiff Name: Deborah M. Long Defendant Name: Johnny R. Long Docket Number: PACSES Case Number: 011108164 Other State ID Number: Tax Year: Current: 2006 ~Ydf . ~IMIt i0f 1. Tax Method Manual 1040 ES 2. Fling Status Married Filing Se aratel Married Filing Se aratel 3. Who Claims the Exem lions Obli ee 4. Number of Exemptions 1 1 5. Monthl Taxable Income $7,916.00 $3,693.00 6. Deductions Method Standard Standard 7. Deduction Amount $429.17 $429.17 8. Exem lion Amount $275.00 $275.00 9. Income MINUS Deductions and Exem lions $7,211.83 $2,988.83 10. Tax on Income $1,577.82 $460.34 11. Child Tax Credit - - 12. Manual Ad'ustments to Taxes - - 13.FederallncomeTaxes $1,577.82 $460.34 13 a. Earned Income Credit - - 14. State Income Taxes - $116.70 15. FICA Pa ments $601.48 $282.52 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes - $36.93 TOTAL Taxes 52,179.30 5896.49 SupportCa/c 2006 EXHIBIT "C" In the Court of Common Pleas of Cumberland County, Pennsylvania ~prdai~al ~uptp~rt Calct~l~~tli€~n I~ut~ 19~1#~1.16 ~PC~~~i ff~l~l~T~ Plaintiff Name: Deborah M. Long Defendant Name: Johnny R. Long Docket Number: PACSES Case Number: 011108164 Other State ID Number: 1. Obli or's Monthl Net Income $5,736.70 2. Less All Other Su ort - 3. Less Obli ee's Monthl Net Income $2,796.51 4. Difference $2,940.19 5. Less Child Su ort Obli ation for Current Case - 6. Difference $2,940.19 7. Multi I b 30% or 40% 40.00% 8. Income Available for S ousel Su ort $1,176.08 9. Ad'ustment for Other Ex enses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,176.08 Pre ared b : mrr Date: 7/13/2006 SupportCale 2006 EXHIBIT "D" ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. Of CUMBERLAND Date of Order/Notice 07/12/06 Case Number (See Addendum for case summary) 011108164 Q Original Order/Notice 05-4372 CIVIL Q Amended Order/Notice xQ Terminate Order/Notice Employer/Withholder's Federal EIN Number L-3 COMMUNICATIONS PO BOX 16320 SALT LAKE CITY UT 84116-0320 RE: LONG, JOHNNY R. Employee/Obligor's Name (Last, First, MI) 456-88-0037 Employee/Obligor's Social Security Number 5487101648 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. $ o . 0o per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Qyes ®no $ o . oo per month in current and past-due medical support $ o . oo per month for genetic test costs $ per month in other (specify) for a total of $ 0 . oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . 0o per weekly pay period. $ o . 00 per biweekly pay period (every two weeks). $ o . oo per semimonthly pay period (twice a month). $ o . 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 !N ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOC/AL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: ,1tJ~. 1 3 ,~~~_ ~, M.L. Ebert, Jr. , t~ge DRO: R. J. Shadday For EN-028 Service Type M OMB No.:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If ~heckefl you are required to provide a copy of this form to yourdem~loyee. If yorr employee works in a state that is di Brent Trom the state that issued this order, a copy must be provi a to your emp ogee 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%bligor'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%bligor. 3.* . 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%bligoranct 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%bligor 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: 1339374360 EMPLOYEE'S/OBLIGOR'S NAME: LONG, JOHNNY R. EMPLOYEE'S CASE IDENTIFIER: 5487101648 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%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law govems 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%bligorfvom 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. ~ 1.Submitted By: If you or your employee%bligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M 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.: 0970-0754 Form EN-028 Worker I D $ IATT •' • ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LONG, JOHNNY R. PACSES Case Number 011108164 Plaintiff Name DEBORAH M. LONG Docket Attachment Amount 05-4372 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child{ren) ^ 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 ty Worker ID $IATT OMB No.: 0970-0154 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/DISt. Of CUMBERLAND Date of Order/Notice 07/12/06 Case Number (See Addendum for case summary) O Original Order/Notice 011108164 Q Amended Order/Notice 05-4372 CIVIL Q Terminate Order/Notice Employer/Withholder's Federal EIN Number GSD&M LP 828 W 6TH ST AUSTIN TX 78703-5420 RE: LONG, JOHNNY R. Employee/Obligor's Name (Last, First, MI) 456-88-0037 Employee/Obligor's Social Security Number 5487101648 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, 254.00 per month in current support $ 159. oo per month in past-due support Arrears 12 weeks or greaten ®yes Q no $ o . oo 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, 413.00 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: $ 326 .08 per weekly pay period. $ 652 . is per biweekly pay period (every two weeks). $ 706.50 per semimonthly pay period (twice a month). $ 1.413 . 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: JUL ~. ~ 2OQ6 M.L. Ebert, Jr., tx3ge DRO: R.J. Shadday Form EN-028 Service Type M OMBNo.:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If ~heckeyi you are required to provide a copy of this form to your m loyee. If yo4~ r employee works in a state that is i Brent from the state that issued this order, a copy must be provi~edpto 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%bligor'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%bligor. 3.* .You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor 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: 1892100236 EMPLOYEE'S/OBLIGOR'S NAME: LONG, JOHNNY R. EMPLOYEE'S CASE IDENTIFIER: 5487101648 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%bligor'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%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employee bligor 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. t t .Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee bligor 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 $IATT ~ ~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LONG, JOHNNY R. PACSES Case Number 011108164 Plaintiff Name DEBORAH M. LONG Docket Attachment Amount 05-4372 CIVIL$ 1,413.00 Children>'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ~_.. ~- - ' a - ._.{ r ,..i' L} .. C.• -~i ":~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 011108164 QOriginal Order/Notice Co./City/Dirt. of CUMBERLAND OS-4372 CIVIL XQ Amended Order/Notice Date of Order/Notice 07/14/06 Q Terminate Order/Notice Case Number (See Addendum for case summary) RE; LONG, JOHNNY R. Employer/Withholder's federal EIN Number Employee/Obligor's Name (Last, First, MI) GSD&M LP 828 W 6TH ST AUSTIN TX 78703-5420 456-88-0037 Employee/Obligor's Social Security Number 5487101648 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attaohmen0 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. $ 990.00 per month in current support $ 210 . oo per month in past-due support Arrears 12 weeks or greater? ®yes Q no $ o . 0o per month in current and past-due medical support $ o. oo Per month for genetic test costs $ per month in other (specify) for a total of $ 1, 200.00 Per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 276.92 per weekly pay period. $ 553 . as per biweekly pay period (every two weeks). $ 6o0. oo per semimonthly pay period (twice a month). $ 1.200. 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 fhe Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: ~U~ 1 ~ ~~ris DId~: R.J. Shadday Service Type M BY THE COURT: v' ~\ M.L. Ebert, Jr., Jtrlge Form EN-028 OMB NO.: 09)0.m 54 WorkerlD $IATT * ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ I~,~hecke~l you are required, to provide a~opy of this form to your 2mployee. If yorr employee v~orks in a state that is i Brent rom the state that issu this o er, a copy must be provided to your emp ogee even if t e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor'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%bligor. 3.* .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 [he 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 [o 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%bligor 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: 1892100235 EMPLOYEE'S/OBLIGOR'S NAME: LONG, JOfiNNY R. EMPLOYEE'S CASE IDENTIFIER: 5487101648 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%bligor'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 Slate in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn 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. §7673 (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 [hat 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. tt.Submitted By: pOMESTIC 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 (7171 240-6248 or by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 09)0-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendanUObligor: Lorrc, JoxxNY x. PACSES Case Number 011108164 Plaintiff Name D880RAH M. LONG Docket Attachment Amount OS-4372 CIVIL$ 1,200.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(reN identified above in any health insurance coverage available through the 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 Service Type M Worker ID $ia'r'r OMB No.: 09]0-0154 r ' ~~~ ' qt t _ ~1 r • ~,~° ,. _ ~:~~o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI,VANiA ~,/~ - --:J~-.-_ I DEBORAH M. LONG, Plaintiff N0. 05-4372 ~• CIVIL ACTION -LAW JOHNNY R. LONG, DIVORCE Defendant ORDER OF COURT ~h AND NOW, this I~i day of July, 2006, it is hereby ORDERED that the terms of the parties within Stipulation dated June 28, 2006, are hereby incorporated by referenced and made an Order of this Court. BY THE~ACOURT: ''\ ~. J. Distribution to: VAttorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ~orney for Defendant: J. Paul Helvy, Esquire, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108 Q~~W \, (~ .\ ~- \ r ,.. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEBORAH M. LONG ~ Docket Number OS-4372 CIVIL Plaintiff ) vs. ) PACSES Case Number 011106164 JOHNNY R. LONG Defendant ) Other State ID Number ORDER TO CREDIT ARREARS AND NOW, on this 19TH DAY OF JULY, 2006 IT IS HEREBY ORDERED that credit be given on the above captioned case in the amount of $ 300. oo .There ® is ~ is not an agreement of the parties to the credit. This credit is for: ® Direct Payments. ^ Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ^ Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: From to From to From to ^ Other: THIS AMOUNT IS IN ADDITION TO THE $600.00 CREDIT THAT WAS GIVEN ON MAY 23, 2006. Plaintiff Date Defendant Date BY THE COURT: 0~/19~D6 Date M. L. Ebert, Jr., JUDGE DRO: R.J. Shadday Form FI-002 Service Type M Worker ID 21005 r,~~ ;-J ~~..~ ;-„~ ~~7 i"- '~ _ L t,_,.. -r l.E 4+~ ~' '~ Al _. .r y ..v... DEBORAH M. LONG, Plaintiff v. JOHNNY R. LONG, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES Case No. 011108164 DOCKET NO. 05-4372 CIVIL TERM Defendant, Johnny R. Long, files the following Exceptions to the Interim Order of July 14, 2006 pursuant to Rule 1910.12(f), 1. Defendant excepts to the Support Master's finding that Plaintiffs income is not sufficient to meet her reasonable needs, especially when considered in view of her other available assets. 2. The Master erred in failing to properly consider Plaintiffs assets in determining whether she was able to meet her reasonable needs without APL. 3. The Master erred in not making a specific determination of Plaintiff's average monthly expenses and specifically determining the extent to which the Plaintiff's expenses were inflated. When properly considered, Plaintiff's reasonable expenses could reasonably be met from her available income and assets. 4. The Master erred in finding that the Plaintiff's claimed expenses were reasonable considering the standard of living of the parties during the marriage. On the contrary, the expenses were excessive when considered in light of the standard of living of the parties during the marriage. 5. The Master erred in failing to deviate downward from the maximum 40% guideline since the resulting support award is excessive under the circumstances. WHEREFORE, Defendant requests this Court grant his Exceptions and deny alimony pendente lite to Plaintiff. Date: July 20, 2006 By: Respectfully submitted, & NURICK, LLC J. Paul Helvy, Esquire I.D. #53148 Delano M. Lantz, Esquire I.D. #21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717)232-8000 (717) 237-5300 (fax) Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, on this ~ ~ day of , 2006, I, Lynn B. Lowe, Secretary for J. Paul Helvy, Esquire, hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 McNEES WALLACE & NURICK LLC By A I ~ , O~I,u~Q, Lyn B. Lo e, Secretary for J. Paul Helvy, Esquire I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 232-8000 Attorneys for Defendant JUL 2 5 2006„/ DEBORAH M. LONG, IN THE COURT OF COMMON PLEAS OF `y~,Il Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION JOHNNY R. LONG, PACSES NO. 011108164 DefendanURespondent :DOCKET NO. 05-4372 CIVIL TERM ORDER OF COURT AND NOW, this 3~' day of ~y~___, 2006, the Defendant having filed exceptions to the Support Master's Report and Recommendation, it is hereby ordered as follows, pursuant to Rule 1910.12, C.C.R.P.: 1. The stenographer for the Support Master shall transcribe and file the notes of testimony, and the Defendant shall bear the cost of the original transcript. 2. The Defendant shall file a brief, in these chambers, in support of the exceptions not later than fifteen (15) days from the date the transcript is filed. 3. The Plaintiff shall file a reply brief, in these chambers, not later than thirty (30) days from the date the transcript is filed. 4. The issues raised in the exceptions will be decided on the briefs unless either party, at the time of filing his or her brief, requests oral argument or the Court directs that oral argument be held. If oral argument is held, it will be scheduled before this judge. B~y/th~ Court,n' cc: Deborah M. Long / Johnny R. Long Diane G. Radcliff, Esquire For the Plaintiff J. Paul Helvy, Esquire For the Defendant ~'11..tr.GN` ~/, /a G ~/ DRO C/ ~~'~~L~,fc~rlitr~,c ~!! ! ~' C.. ' ~ '..., ..r, j -- a`:; (. { 0... . DEBORAH M. LONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner: CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOHNNY R. LONG, PACSES N0. 011108164 Defendant/Respondent: DOCKET NO. 05-4372 CIVIL TERM IN RE: LONG V. LONG Proceedings held before Michael R. Rundle, Suppport Master Cumberland County Domestic Relations Office 9 North Hanover Street Carlisle, Pennsylvania on July 10, 2006, in the Support Master's Hearing Room APPEARANCES: DIANE G. RADCLIFF, Esquire For the Plaintiff J. PAUL HELVY, Esquire For the Defendant INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Deborah M. Long 3 16 26 29 FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS Johnny R. Long 32 57 69 Deborah M. Long 71 72 INDEX TO EXHIBITS Marked Admitted P-1 - Calculation of income with earnings 7 32 statements P-2 - Income and expense statement 10 32 D-1 - Settlement statement from sale of 19 32 marital residence D-2 - Kelley Blue Book for BMW 21 74 D-3 - Account statement for 401(k) 23 74 D-4 - Account statement for EDS pension 24 74 D-5 - Account statement for TIAA-CREF account 24 79 D-6 - Account statement for Symetra Life 24 74 D-7 - Earnings statements - L-3 35 74 Communications D-8 - 2005 W-2's and tax re turn 36 74 D-9 - (Not admitted) 3g -- D-10 - Earnings statement - GSD&M 40 74 D-11 - Wife's expenses 92 79 D-12 - Prenuptial agreement 52 79 2 1 THE MASTER: We are here in the matter of 2 Deborah M. Long versus Johnny R. Long. This case is 3 docketed to OS-4372 Civil Term. This is a divorce action 4 with the wife being the Plaintiff. The Plaintiff has filed 5 a petition for alimony pendente lite on March 29th, 2006. 6 Both parties are present. The Plaintiff is 7 represented by Diane G. Radcliff, Esquire. The Defendant is 8 being represented by J. Paul Helvy, Esquire. 9 At this time I ask that both parties raise 10 your right-hands to be sworn please. 11 Whereupon, 12 DEBORAH M. LONG 13 and 14 JOHNNY R. LONG 15 having been duly sworn, 16 testified as follows: 17 Ms. Radcliff, you may proceed. 18 MS. RADCLIFF: I would like to call Deborah 19 Long. 20 DIRECT EXAMINATION 21 BY MS. RADCLIFF: 22 Q Would you please state your full name? 23 A Deborah M. Long. 24 Q You have to talk a little louder so everybody 25 can hear you. 3 1 What is your age? 2 A Fifty-five 3 Q What is your birth date? 4 A December 7, 1950. 5 Q Can you tell me what your address is? 6 A 5430 Rivendale Boulevard, Mechanicsburg, 7 Pennsy lvania 17050. g Q When did you move into that residence? 9 A November 15, 2005, which is close to eight 10 months ago. 11 Q Do you live with anyone else? 12 A No. 13 Q Can you tell me what the name of the other 14 party to this action is? 15 A Johnny Ray Long. 16 Q Do you know his age and birth date? 17 A Fifty-five -- he was born January the 15th, 18 1951. 19 Q Where does he reside -- just the town? 20 A Austin, Texas. 21 Q To your knowledge do you know whether he 22 lives with anyone else? 23 A No. 24 Q How long has he lived in Texas? 25 A He left Pennsylvania in May of 2004. 4 1 Q Do you refer to him as something other than 2 Johnny? 3 A JR. 4 Q Are you and JR married? 5 A Yes. 6 Q What was the date of your marriage? 7 A April 22nd, 1995. 8 Q What was the date of your separation? 9 A August the 25th, 2005. That is the day that 10 I filed the divorce decree. 11 Q Divorce complaint? 12 A Yes. 13 Q When you filed the divorce complaint had the 14 two of you b een living together before that? 15 A No. Well, he had left for Texas in May of 16 2005, so -- 17 Q Was he still coming home on -- 18 A Yes. 19 Q You have to wait until I finish. 20 A Okay. 21 Q Was he still coming home periodically? 22 A Yes. 23 Q Were you taking things like vacations and 24 doing things together? 25 A Yes. 5 1 Q Even though he had moved down to Texas -- can 2 you tell me wh y he moved down to Texas? 3 A Well, I believe he was homesick and just had 4 a strong need to get back home. 5 Q Was it also job related? 6 A No. He still had a job in York. He quit his 7 job and moved to Texas. 8 Q Do the two of you have any children? 9 A No. 10 Q Were either one of you married before? 11 A Yes. 12 Q Both of you? 13 A Yes. 14 Q Do you have children from prior marriages? 15 A Yes. 16 Q Are any of those children -- let me back up. 17 Do both of you have children from prior marriages? 18 A Yes. 19 Q Are any of those children still minors? 20 A No. 21 Q Are you currently employed? 22 A Yes. 23 Q Where are you employed? 24 A BISYS Insurance Services. 25 Q Would you spell BISYS for the record? 6 i 1 A Yes, B-I-S-Y-S. 2 Q When did you begin your job with BISYS? 3 A March 6th, 2000. q Q What is your job position with BISYS? 5 A Purchasing supervisor. g Q Are you salaried or hourly? 7 A Hourly. g Q How often are you paid? 9 A Bi-weekly. 10 Q Do you receive any overtime? 11 A Yes. 12 Q On top of your salary? 13 A Yes. 14 Q Are you paid for that overtime? 15 A Yes. 16 Q So do I understand correctly that your pay is 17 not always the same? 18 A That is correct. 19 (Whe reupon, Plaintiff/Petitioner's Exhibit No. 1 20 was marked for identification.) 21 Q You have in front of you a document that has 22 been marked as Plaintiff's Exhibit Number 1. Do you have 23 that in front of you? 24 A Yes. 25 Q Do you want to take a look at it quickly? 1 A Okay. It looks familiar. 2 Q Keep on going through it. Can you tell me 3 what that docu ment is? 4 A This is in regards to my pay. 5 Q In the first part of your -- and the second 6 part of it, I believe starting on page three, are those your 7 pay stubs? 8 A Yes. They are. g Q Are they the ones from the beginning of the 10 year through 6/30/06? 11 A Yes. 12 Q Looking on the first page it indicates that 13 you had two d ifferent kinds of income. One until 4/7/06 and 14 one from 4/8/ 06 afterwards. Can you tell me why there is a 15 difference in your pay and then what it is? The one from -- 16 if you are at Part A? 17 A At the top, okay. 18 Q Make it easy, did you get a pay raise? 19 A Yes, at that time I received a raise, yes. 20 Q So the increase took place on 4/8/06? 21 A Yes. 22 Q Prior to 4/8/06 what was your regular income? 23 A $3,264.71 a month. 24 Q Is that information taken from the pay stubs 25 that are atta ched also as part of that exhibit? 8 • ! 1 A Yes. 2 Q And after 4/8/06 what did your pay increase 3 to? q A $3,362.67 a month. 5 Q Is that your regular pay, your base salary? g A Yes. 7 Q It doesn't include the overtime? g A No. 9 Q In the second part where it says overtime pay 10 is that a calculation of the overtime hours that you've 11 received from the beginning of the year to the present? 12 A Yes. It is. 13 Q Can you tell me looking at this document 14 starting with line number 14 how many total overtime hours 15 have you worked? 16 THE MASTER: Counsel, the document will speak 17 for itself. 18 BY MS. RADCLIFF: 19 Q On this document have you then averaged the 20 amount of overtime pay you would receive if you did it at 21 your current rate? 22 A Yes. 23 Q Do you also have bonus income? 29 A Yes. 25 Q Can you tell me based on the pay stubs how 9 i 1 much bonus income you have received looking at the last one 2 on 6/30/06? How much total bonus income you have received 3 through 6/30/06? 4 A $670.00. 5 Q Is that bonus income guaranteed or is it 6 dependent upon performance? 7 A It is dependent upon two things. It is 8 dependent upon, number one, the BISYS goals and also my 9 performance. 10 Q Do you have any deductions taken from your 11 pay other than the mandatory deductions for taxes and for 12 health insurance? 13 A No. 14 Q Can you tell me what you believe your tax 15 filing status will be for this year? 16 A Single married. 17 Q Married filing separate? 18 A Yes. 19 Q Are you able to claim any one other than 20 yourself on your tax return? 21 A No. 22 (Whereupon, Plaintiff/Petitioner's Exhibit 23 No. 2 was marked for identification.) 24 Q You have in front of you if you a document 25 marked Plaintiff's Exhibit Number 2. Can you tell me what 10 1 that document is? 2 A It shows my income and it also shows my 3 expenses. 4 Q The income information on this income and 5 expense statement is that the same income information that 6 was on Exhibit Number 1? 7 A Yes. It appears to be, yes. 8 Q Starting with the monthly expenses, which I 9 believe start on page five and go through to page seven, 10 looking at page seven can you tell me what your total 11 monthly expenses are? 12 A $4,174.68. 13 Q You've I believed itemized in this expense 14 statement certain breakout for dog expenses and for 15 vacations. Have you also to this expense statement attached 16 your calculations of those particular expenses on the back? 17 A Yes. It is a vacation and also, yes, the vet 18 bill expenses. 19 Q How do the expenses that are on this expense 20 statement compare to the ones you had before you separated 21 from your spouse? 22 A It is the same expenses although things like 23 the gas would be less and the electric would be less. 24 Q Is your housing expense any lower? 25 A Yes, my mortgage is lower, yes. 11 s 1 Q After you separated from your spouse did you 2 stay in t he marital home for a while? 3 A Yes. 9 Q Was that home subsequently sold? 5 A Yes. It was. 6 Q Can you tell me when it sold? 7 A We had settlement on November the 15th, 2005. 8 Q After it sold did you buy another home? 9 A I did. 10 Q Is that where you are currently residing? 11 A Yes. 12 Q How much did you pay for that home if you 13 recall? 14 A I am sorry I don't remember. 15 Q Was it less than the amount you sold your 16 home for? 17 A Oh, yes. 18 Q With regard to these expenses are you able to 19 pay them without any assistance? 20 A No. 21 Q Have you been able to pay them with your own 22 income so far? 23 A No. 24 Q Have you actually paid them though? 25 A I have paid them, yes. 12 1 Q Can you tell me how you've paid them so far? 2 A I borrowed money from my sister and my mom. 3 Q You haven't taken a vacation so far this 4 year? 5 A No. 6 Q So some of them you haven't actually paid 7 yet, would that be correct? 8 A That is correct. 9 Q Do you know how much money that you borrowed 10 from your mother and sister so far? 11 A No, but I could get that together if need be. 12 Q Do you have health insurance through your 13 employment? 14 A Yes. 15 Q Is there a cost to you to carry that health 16 insurance? 17 A Yes. 18 Q I want you to turn back to Exhibit Number 1, 19 and you can look at the last pay stub -- on that document 20 the last page to make it easy. Can you tell me based on 21 that pay st ub what it cost you for insurance coverage? 22 A Like say dental? 23 Q Yeah, do dental first. 24 A Dental for a two-week period, a pay period, 25 dental is $2.85; medical is $26.38; vision is $5.02. 13 1 Q Subsequent to your separation from JR was he 2 making month ly payments to you? 3 A Yes. He was. 4 (Whereupon, Plaintiff/Petitioner's Exhibit 5 No. 3 was marked for identification.) 6 Q You have a document in front of you marked 7 Plaintiff's Exhibit Number 3? 8 A Yes, I do. 9 Q Can you tell me what that document is? 10 A These are the payments that JR provided me 11 from August the 25th through November the 25th of 2005. 12 Q Up until 12/23/05 how was he paying you, what 13 amount? 14 A Up to 12/23 -- oh, he was paying -- 15 Q Or through that date? 16 A $2,125.00 every pay and for him it was every 17 two weeks. 18 Q What happened after that date? 19 A At the end of the year then those payments 20 stopped. He started paying me $150.00 every two weeks. 21 Q Do these payments that listed on Exhibit 3 22 reflect the payments that he has made to you? 23 A Yes. They do. 24 Q When he was paying you the $2,125.00 every 25 two weeks we re you making payments out of that money? 14 1 A Yes. 2 Q Can you tell me what kind of joint payments 3 or payments that were for him, can you tell me what the 4 payments wer e going for? 5 A The household payments, the mortgage, the 6 insurances, you know, the regular gas, electric, utility 7 bills, phone bills. I did pay one credit card bill, but it 8 came to the house for JR. I also paid his car bill. All the 9 household bi lls. I got the house ready to sell, so there 10 were some ex penses for that. I pretty much took care of 11 everything, you know, the lawn and all that kind of thing. 12 Q After the house sold in November you 13 continued to receive this money for a time period? 14 A Yes. I did. He paid me that until the end 15 of the year. 16 Q Were those payments going to pay just your 17 expenses or were they going to pay joint expenses at that 18 time? 19 A I guess anything that, you know, came to me. 20 At that poin t really, no. At that point he was paying his 21 car, and he was paying his credit card. So after 22 November the 15th there were no longer any co-payments 23 while he was away. That was just the money he was giving to 24 me. 25 MS. RADCLIFF: That's all I have. 15 1 THE MASTER: Cross. 2 CROSS-EXAMINATION 3 BY MR. HELVY: 4 Q Hi. 5 A Hi. 6 Q I believe on direct you testified that JR had 7 left in May of '05. It was actually May of '04, wasn't it? 8 A I am sorry, it was 2004, yes. 9 Q Based upon the joint income tax return that 10 the two of you filed, it looks like in 2005 you earned 11 $43,171.00. Does that sound right to you? 12 A It does sound about right, yes. 13 MR. HELVY: I will be introducing that joint 14 return on direct. 15 BY MR. HELVY: 16 Q I just took a look at your last pay stub and 17 it has the year-to-date pay on that. That was for six 18 months through the end of June? 19 A Yes. 20 Q Basically took that and divided by six and 21 multiplied by twelve to try to annualize what it looks like 22 you are on target to get. I am getting a number about 23 $49,300.00. Does that seem consistent with what you expect 24 that you are going to get for '06? 25 A It does sound about right if I am working the 16 1 overtime, yeah. 2 Q You indicated on direct that you have been 3 borrowing some money to help meet your expenses. Do you 4 have any notes, any documents, anything in writing 5 evidencing the money that you borrowed to show that, in 6 fact, that money was borrowed rather than gifted? 7 A I don't have anything with me. I could 8 probably get something. 9 Q At the time that you received the money were 10 there any contracts or any other documents signed? 11 A No. This is my sister and my mother so -- 12 Q Okay. My understanding of the situation 13 after JR moved to Texas was that he moved down there and 14 even after he moved down he was putting his entire paycheck 15 into the joint account, right? 16 A I don't believe his entire paycheck. His pay 17 stubs reflect that he had some money that was coming to him. 18 I would imagine that other account was for him. 19 Q So although you guys were physically 20 separated you continued to be pretty much tied economically 21 up until January of this year, right? 22 A Yes. That's correct. 23 Q Would you agree with me that based on the 24 conversations that you and JR had that when he moved to 25 Texas it was his hope that ultimately you would join him 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 down there? A He wanted me to join him, yes. Q In fact, right up until the point in time when this action was initiated that continued to be his hope, correct? A Yes. Q You guys talked about this. I guess, in fact, in Christmas of 2005 he came up and he visited you, right? You guys spent Christmas, 'OS together? A Yes. Q You guys had discussions as to where this relationship was going, right? A Yes. Q If you need to take a break, Ma'am -- A I am sorry. Q There is nothing to be sorry about. If you want to take a moment, that's fine. THE MASTER: Let's take five minutes. MR. HELVY: All right. (A brief recess was taken.) THE MASTER: Back on the record. BY MR. HELVY: Q I think just to finish up the thought that I was following up on, it was after that Christmas visit that in January he stopped depositing the amount that he had been 18 1 depositing before, correct? 2 A Yes. 3 Q You indicated that the marital residence sold 9 November 15th, 2005, I believe, correct? 5 A Yes, that's the same day I moved into my 6 house. 7 Q So you sold that house and moved into your 8 own home? 9 A It was a busy day. 10 (Whereupon, Defendant/Respondent's Exhibit No. 1 11 was marked for identification.) 12 Q I show you what has been marked as 13 Defendant's Exhibit 1. Could you identify that document? 19 A Yes. 15 Q That's the front page of the settlement sheet 16 from the sale of your house, right? 17 A Correct. 18 Q I am not a real estate lawyer, but looking at 19 this it looks like you -- coming down to -- I can't even 20 read the number, it looks like block 505 which is in the 21 right-hand column, it says payoff of second mortgage loan. 22 It says Deborah M. Long. 23 A Yes. And I don't know why they put that in 24 there like that. I even went back to the title company and 25 asked her why she put that in there like that, and she said 19 1 she didn't know where else to stick it. 2 Q They had to put it somewhere. 3 A We had a prenuptial agreement, and that was 4 the amount of money that was cash in the prenuptial 5 agreement. 6 Q As I understand it, essentially you had a 7 prenuptial agreement that said that, without getting into 8 the exact language, you were going to get $70,000.00 out of 9 the house up front before any other equity was split in 10 half. Is that right? 11 A The prenuptial agreement, we put down what we 12 had. That's the money that I had before we got married, 13 that $70,000.00. Then of course we also mentioned our plans 14 and things as well. Is that what you are asking me? 15 Q So without getting into the exact language of 16 the prenup, and we can introduce it if we have to, but my 17 understanding was because of the prenuptial agreement when 18 the house was sold you got the first $70,000.00 back from 19 it, right? 20 A Yes, sir. 21 Q Then after you got your $70,000.00 there was 22 still -- just going to the very bottom line, it looks like 23 about $95,977.00 leftover, right? 24 A Yes, and we split that. 25 Q And you took that and split it? 20 i • 1 A Yes, sir. 2 Q So as of mid November you had $70,000.00 plus 3 about another $47,000.00? 4 A Yes, but I took all that money and put it 5 into my home. I mean it happened the same day so really 6 nothing went into any bank account or anything. 7 Q So you took the roughly, what, $117,000.00 8 and put it do wn? 9 A Yes. 10 Q On your house? 11 A Yes. 12 Q So that's not sitting in a bank account or 13 anything? 14 A No. It is not. I put every penny into the 15 house. 16 (Wh ereupon, Defendant/Respondent's Exhibit 17 No. 2 was marked for identification.) 18 Q I show you a document which has been marked 19 D-2. That's a Kelley Blue Book statement regarding the 20 evaluation of your vehicle, right? 21 A I have more mileage on my car now. 22 Q But you do drive a 2004 BMW three series, 23 325xi, AWD, f our door sedan, right? 24 A Yes. I do. 25 Q I guess you have a loan on that. You make 21 i ~ 1 payments on that loan, right? 2 A Yes. I do. 3 Q I think it's indicated on your income and 4 expense stateme nt that your monthly payments on that BMW are 5 like $517.00 or something like that? 6 A It is $519.00, I believe, yes, sir. I 7 purchased that car when we were married and JR helped with 8 the negotiations on it. I have had the car two and a half 9 years. 10 Q As far as savings accounts and things of that 11 nature, you own some BISYS stock, right? 12 A Yes. I do. I am not part of the plan any 13 longer. 14 Q With BISYS? 15 A No. 16 Q So you no longer contribute to that? 17 A No. I don't contribute. But I think we have 18 a document there that shows its worth somewhere. 19 Q Yes. 20 A I think it is with our other paperwork. I 21 don't think it would come into play here. 22 Q You have an AmeriChoice Federal Credit Union. 23 Is that right? 24 A Yes. I do. 25 Q Do you have an idea what the current balance 22 1 of that is? 2 A It is like one hundred and something. 3 Q The statement I have shows that -- 4 A For the checking, that's what it is. 5 Q Is there a savings as well? 6 A Yes. There is. 7 Q About how much is there in the savings? 8 A It is minimal. It isn't that much and I 9 don't have it in front of me. I don't know, but it is 10 minimal. 11 Q The statement that I have shows that around 12 the date of s eparation in August of 2005 there is about 13 $4,000.00. I s that so? 19 A It sounds about right, yeah. 15 Q You participate in a 401(k) with BISYS? 16 A Yes. I do. Currently, yes, as well. 17 Q You have about $19,000.00 in that? I could 18 show you the document. 19 A Yeah, because I don't have it in front of me, 20 sorry. 21 (Wh ereupon, Defendant/Respondent's Exhibit 22 No. 3 was marked for identification.) 23 Q I think that is a June of 'O5 statement. 24 A Yes. It is. 25 Q Around $19,000.00 in that, right? 23 s • 1 A Yes. 2 Q There is an EDS retirement plan that you had, 3 correct? 4 A I did have, yes, vested rights. 5 Q There is a balance on that of about 6 $9,000.00. Is that right, or would it help to see a 7 document? 8 A Probably see a document, sorry, probably 9 close to $9,000.00. 10 (Whereupon, Defendant/Respondent's Exhibit 11 No. 4 was marked for identification.) 12 Yes as of August 25th it does appear to be 13 $9,000.00. 14 Q You have a TIAA CREF account, correct? 15 A Yes. 16 (Whereupon, Defendant/Respondent's Exhibit 17 No. 5 was marked for identification.) 18 Q It looks like the balance on that as of June 19 of 2005 was about close to $7,000.00? 20 A Yes. 21 (Whereupon, Defendant/Respondent's Exhibit 22 No. 6 was marked for identification.) 23 Q There is a SYMETRA Life Insurance Company, 24 looks like that has a value of about $29,000 or $30,000.00. 25 Is that correct? 29 1 A Yes. 2 Q One more thing, on that loan, or the money 3 that you got from your family -- q A Periodically they give me money, you know, to 5 help with some of my bills. They help me out. 6 Q Did you receive money periodically from your 7 mother during the marriage? g A There were sometimes, yeah, when she gave us 9 some money, yes. 10 Q Sort of -- I know frequently, like for estate 11 planning purposes people will transfer monies to their 12 children? 13 A Every now and then she would give us some 14 money. 15 Q Those transfers, would they typically be in 16 the sum of about $10,000.00 when they came? 17 A No. No way. lg Q I throw that number out only because that's a 19 number that you often see when people are doing estate 20 planning. 21 A You know a couple hundred dollars or 22 something like that every now and then. 23 Q During the course of the marriage that's what 24 you would receive? 25 A Yeah, but not on a regular basis, just every 25 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C~ i now and then. Q So you would get money from your mother during the course of the marriage and you continue to get money from your mother and some from your sister as well, correct? A My mother is in a nursing home and her expenses have gone up since she moved. She was at The Woods, and then she moved to Messiah this past year, and her care has gone up quite a bit, so -- MR. HELVY: I have no further questions. THE MASTER: Redirect. REDIRECT EXAMINATION BY MS. RADCLIFF: Q These assets that you were describing on these various exhibits that you were you just shown, which I believe is Exhibit 2 through 4 -- if you want to look at them again you can -- are they subject to equitable distribution between you and your husband? A What I did -- what my plan was -- Q Are they subject to distribution between you and your husband as part of the divorce? They are all being thrown in the pot, right? A Oh, yes. They are being thrown in the pot. Is that what you are asking? Q Yes. 26 1 A Yes. That's why when I was asked about this 2 I thought we we re talking about that particular part of it. 3 Q And then the TIAA CREF and the SYMETRA, which 4 is marked forme rly SAFECO, which is Exhibits 5 and 6, those 5 two asset s were yours prior to marriage? 6 A Yes. They were. 7 Q They were excluded from distribution by the 8 prenup. Is tha t correct? 9 A They are in the prenuptial agreement, yes. 10 Q Does your spouse also have retirement plans? 11 A Yes. 12 Q Is one of them a Fidelity 401(k)? 13 A Yes. 14 Q Do you recall approximately how much of that 15 Fidelity 401(k) is worth? Was it in the upper 50's? 16 A It was significant. It could be. I am 17 sorry. 18 Q That's fine. 19 And did he also have a pension plan with 20 UDLP? 21 A Yes. 22 Q That was a prior employer? 23 A Yes. Well, the employer that he had when we 24 were married. 25 Q Do you recall what the monthly payment is on 27 1 that pension? 2 THE MASTER: Counsel, rather than make her 3 guess, wouldn't it be better for you to get this on 9 cross-examination of the Defendant? 5 MS. RADCLIFF: Okay. 6 BY MS. RADCLIFF : 7 Q Did your husband also have a vehicle? 8 A Yes. He purchased his truck right before he 9 moved to Texas in May of 2004. 10 Q Do you recall what he paid for it? 11 A His monthly payments are $589.00, I believe. 12 Q But do you recall what he paid for the 13 vehicle? If yo u don't that's okay? 19 A It was very close to what mine was when mine 15 was purchased. 16 MS. RADCLIFF: That's all. 17 THE MASTER: Recross. 18 MR. HELVY: No. 19 EXAMINATION 20 BY THE MASTER: 21 Q Ma'am, would I be correct that this money you 22 testified that you borrowed from your mother and sister has 23 come since abou t the beginning of 2006? 24 A They have helped me, yes. 25 Q Can you ballpark the amount of money that you 28 1 borrowed? 2 A I don't know -- in the thousands. They 3 helped me with my house as well, towards the house. 4 Q $2,000.00, or $10,000.00, or more? 5 A Yeah, around that, or more, yeah, I mean, I 6 could get that for everybody if that's important. I am 7 sorry. I don' t have that figure. 8 Q And does your sister anticipate being paid 9 back? 10 A Yes. 11 Q Does your mother anticipate being paid back? 12 A I need to, yes, because -- well it is all 13 part of, you k now, I have brothers and a sister, so it is -- 14 it needs to be paid back. 15 THE MASTER: Any follow-up questions, 16 counsel? 17 RECROSS EXAMINATION 18 BY MR. HELVY: 19 Q If you had to determine the amount of money 20 that you recei ved from your family, how would you go about 21 doing tha t? 22 A Well, I would go home and go back through 23 everythin g. My sister is an accountant and she keeps very 24 good records, believe me. 25 Q So you would rely on your sister's records as 29 1 opposed to anything that you kept? 2 A Well, and also, you know, I have things at 3 home that I am sure I could pull and get that together. My 4 sister has everything. She is very -- 5 Q I am just trying to figure out what documents 6 might exist out there. I mean, if you were to go home and 7 pull some stuff at home, what kind of stuff would you pull, 8 just notes that you took or deposit slips or -- g A Notes and things like that. My sister is 10 really good at that kind of thing. My brother has borrowed 11 money and he has had to pay it back as well. And we each 12 know that she takes care of my mother's finances and she 13 would take very good notes of that. Plus, I could, you 14 know, go back and take a look at my house and what I had 15 asked for and I could get it together if need be. 16 Q So it sounds to me like your sister is 17 handling your mother's finances for her? 18 A Yes. She does. 19 Q And your sister is an accountant? 20 A Yes, she is. 21 Q And that to the extent that there is money 22 that is coming from your mom essentially what, if I 23 understand your testimony, that you see it as sort of a loan 24 sort of against your mother's estate or a loan to your mom 25 and the money that she has, correct? 30 1 A I borrowed some money from my sister as well, 2 so, yes, it w ould be against my mother's estate, yes. 3 Q Just because I have seen this in other 4 situations, I don't know if it applies to you or not, but 5 what happens sometimes is people will borrow money from 6 their parents and that sort of serves as a deduct for 7 anything that they may ultimately get in the form of an 8 inheritance. Did you guys have any discussions along those 9 lines? 10 A No. 11 Q How old is your mother? 12 A Eighty-nine, but -- 13 Q Is there a substantial estate there? 14 A I don't ask, because I don't want to even 15 think about my mother passing on. So I don't even ask. 16 Q I understand. 17 A So my sister handles all of that. My sister 18 and my brother. I need to pay her back. 19 Q I understand. 20 With regard to your mother's estate, do you 21 have any idea what the value of that is? Are we talking -- 22 MS. RADCLIFF: Asked and answered. 23 MR. HELVY: Just going to try to clarify that 24 if I may. 25 BY MR. HELVY: 31 1 Q Just to get a handle on it whether it is over 2 a million or under a million if you know? 3 A I have no idea. q Q Okay. 5 A I really don't know. y Q I understand. 7 A I wouldn't imagine my mother would have a 8 million doll ars. g MR. HELVY: No further questions. 10 MS. RADCLIFF: Nothing further. 11 THE MASTER: You may step down, Ma'am. Thank 12 you. 13 MS. RADCLIFF: I move for admission of 14 Plaintiff's 1 through 3. 15 THE MASTER: Any objections? 16 MR. HELVY: No, Your Honor. 1~ THE MASTER: They are admitted. 18 (Wh ereupon, Plaintiff/Petitioner's Exhibits 19 No. 1 through 3 were admitted into the record.) 20 MS. RADCLIFF: We have no further witnesses. 21 THE MASTER: Mr. Helvy. 22 MR. HELVY: I call J. R. Long. 23 DIRECT EXAMINATION 24 BY MR. HELVY: 25 Q Would you please state your full name for the 32 1 record? 2 A Johnny Ray Long. 3 Q Where do you reside? q A In Austin, Texas, 3701 Highland Drive, 5 Austin, Texas . y THE MASTER: What Drive? 7 THE WITNESS: Highland. g THE MASTER: H-i-g-h-l-a-n-d? g THE WITNESS: Yes, sir. 10 BY MR. HELVY: 11 Q How long have you been at that address? 12 A Just a little over a month. 13 Q So you recently moved? 14 A Yes. 15 Q Where did you live before moving to Austin? 16 A Temple, Texas. It is about 80 miles north of 17 Austin. lg Q So, we want to just kind of get things 19 straigh t here chronologically. As I understand from your 20 wife's testimony, you moved to Texas in '04? 21 A Correct. 22 Q When you moved to Texas in '04 where did you 23 move? 29 A To Austin, Texas. 25 Q You moved to Austin? 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Texas? Austin? Texas? A From Pennsylvania, correct. Q Then did you move from Austin to Temple, A To Temple, Texas Q To Temple, and now you just moved back to A That is correct. Q How many different jobs have you held in A Just one, and the most recent one -- Q So two? A A total of two. That is correct. Q You heard your wife's testimony with regard to why you moved to Texas. She said essentially you were homesick. Do you still have family in Texas? A Yes. Q Do you have children in Texas? A Yes. Q Is your mother in Texas? A Yes. Q How old is your mother? A She was 79. Q Does she have health issues? A Just bone issues. You know, takes medication for that, ost eoporosis I believe it is called. 39 1 Q My understanding is that your wife had 2 originally filed for divorce in August of 2005? 3 A Yes. 4 Q But even after that you guys continued to see 5 each other and talk to each other and sort of be joined 6 financially. Is that correct? 7 A We talked to each other every night at 7:30. 8 Q Then that divorce complaint was reinstated in 9 March of 2006. Is that correct? 10 A Yes. 11 Q When you moved to Texas who was your employer 12 when you originally moved there? 13 A A company called AVISYS and it is spelled 14 A-V-I-S-Y-S. 15 Q Is L-3 connected with AVISYS? 16 A Yes. L-3 acquired AVISYS in July of 2005. 17 Q So although if 2 am looking at your '06 pay 18 stubs, they say L-3, that's essentially the same company. 19 Is that correct? 20 A One in the same, that is correct. 21 (Whereupon, Defendant's Exhibit No. 7 22 was marked for identification,) 23 Q I show you what has been marked as 24 Defendant's Exhibit 7. Are those your pay stubs from L-3? 25 A Yes. 35 1 Q I am looking at the date. On the first one 2 it is check date -- it looks like May 12th, 2006 on the 3 front page? 4 A Yes. I don't have my glasses on. 5 Q Okay. I will help you out. 6 A Okay. 7 Q On the last page it looks like through 8 3/31/06, right? 9 A That one I can read. That is correct. 10 Q These paychecks represent the amount that you 11 were making with L-3? 12 A Correct. 13 (Whereupon, Defendant's Exhibit No. 8 14 was marked for identification.) 15 Q I show you what has been marked as 16 Defendant's Exhibit 8. Does this document represent your 17 joint tax return filed with your wife along with your W-2's? 18 A To the best I recall, yes. 19 Q With regard to your salary, I see that there 20 is actually two different W-2's. One from something called 21 L-3 Communications and then on the second page one from L-3 22 Communications AVISYS Corporation. 23 A That is correct. 24 Q Did you get two different W-2's because of 25 the merger? 36 1 A Yes. 2 Q I see that the L-3 -- what was your salary in 3 'O5? q A $103,000.00, I believe. 5 Q But when I add these two W-2's together I 6 get more than that. I get like $107,000.00. 7 A There was about $4,000.00 moving, signing 8 bonus if you will for having moved and relocated. g Q Was that reimbursement of moving expenses? 10 A Yes. 11 Q Did you submit receipts? 12 A Yes, sir. I did. 13 Q And you got paid for those receipts? 14 A Correct. 15 Q You switched jobs recently, right? 16 A Correct. 17 Q Within the last month? lg A Correct. lg Q Can you explain to the Support Master why you 20 switched jobs? 21 A With L-3 I was a manager of -- I was hired to 22 be a manager of two different departments. And once on the 23 job I had the two departments and then I acquired two 24 additional departments. I had been working, managing the 25 four departments, and then also doing all of the major 37 1 proposal activity for the company, And while doing so, it 2 was -- I had been working 70 plus hours a week for about the 3 last three and a half or four months. It just became too 4 much. 5 q Was there any end in sight to that kind of 6 pace that you were keeping down there? 7 A No. The week I left, I have to be honest, the 8 week I left I worked over 70 hours the week I left. 9 Q As a result of the hours that you were 10 keeping and the stress did you have any health issues? 11 A Yes. I had some health issues. I was having 12 chest pains again. I was not able to sleep at night and the 13 job was too much. It was just too much, So I would ask for 14 help and there wasn't any help. It was just, do what you 15 have to do to get the job done. So I had to go to a 16 cardiologist there in Austin. He prescribed medications for 17 me and helped me quite a bit to get straightened out. I had 18 some nerve issues that I had to go to a dermatologist for, 19 because they prescribed medications because I had some 20 rashes and things. That was diagnosed as stress and nerves. 21 So I went to him for about a month. And then took the 22 medication. And then I resigned from L-3 and went to work 23 for the other company. 24 (Whereupon, Defendant's Exhibit No. 9 25 was marked for identification.) 38 1 Q Now I am showing you a document that we 2 marked as Defendant's Exhibit Number 9. What is that? 3 A This is a letter from my cardiologist, Doctor 4 Arthur Smith, in Austin, and Doctor Smith's treatment. He 5 had talked to me about the amount of stress that I was 6 under. Due to the type of disease, heart disease, issue 7 that I had, hi s recommendation was -- 8 MS. RADCLIFF: I object. Hearsay. 9 THE MASTER: Sustained. 10 BY MR. HELVY: 11 Q What is your understanding of your medical 12 condition and how that related to the position that you held 13 at L-3? 14 A It is my feelings that since I've left L-3 15 and joined the new company that the stress has subsided 16 almost entirel y. 17 Q You may have said this, but I want to make 18 sure we got it on the record. Why did you leave L-3? 19 A Absolutely too much work and too much stress. 20 Q Were you concerned about your health? 21 A I was extremely concerned about it. I had a 22 history of hea rt disease in my family. My father died of 23 heart disease at 51 and I am 55. And I just -- I didn't 24 want to stay i n that environment. 25 Q Were your concerns substantiated by your 39 1 visits to your medical providers? 2 A Yes. 3 Q So you switched jobs? 4 A Correct. 5 Q Where are you now employed? 6 A For a company now called GSD&M in Austin. 7 (Whereupon, Defendant's Exhibit No. 10 8 was marked for identification.) 9 Q I show you what has been marked as 10 Defendant's Exhibit 10. Can you identify that document 11 please? 12 A This is my first pay stub from GSD&M. You 13 will note on here that there is 94 total hours that the 14 payment is for. I had a letter offering from GSD&M starting 15 me on the 15th of June which was a Thursday. So there is 12 16 days of pay on here versus the normal 10 days. I get paid 17 every other week, bi-weekly, but this has more days in it. 18 Q So as I understand it, typically you are 19 going to have a ten day pay period on a paycheck? 20 A That is correct. 21 Q Which would be two weeks? 22 A Correct. 23 Q You will be get bi-weekly. Is that correct? 24 A Correct. 25 Q But on this, because you started on a 40 1 Thursday, they threw in the extra two days into this pay? 2 A That is correct. 3 Q I see some handwriting here, $45.67 an hour. 4 Whose handwriti ng is that? 5 A That is mine, 6 Q Is that just your math of the number of hours 7 that you worked divided by what you got paid? 8 A Correct. 9 Q Is that consistent with what you expected to 10 get paid? 11 A Correct. Yes, it is. 12 Q What does this come out to annually? 13 A $95,000.00 a year. 14 Q So you did take a slight reduction in pay, 15 didn't you? 16 A Took a slight reduction, correct. 17 Q Had you not voluntarily left L-3, do you 18 think you could have kept it up? 19 A No. I do not. I really don't. I don't think 20 that I would be able to do it. I had to leave L-3. 21 Q Now you left L-3 in the midst of a support 22 case, correct? 23 A (No audible response.) 24 Q I mean, you knew your wife filed for support 25 against you when you left L-3, right? 41 ~ i 1 A Yes. 2 Q Did that have anything to do with your 3 switching employment? 4 A Not whatsoever. I had to leave L-3 because I 5 had to get out of there. And after talking to my doctor and 6 my cardiologist, I knew that the best thing for me was to 7 reduce the stress and get away from it. So I left L-3 based 8 on the fact that I was looking for less stress from a new 9 job. 10 q Your wife has submitted an income and expense 11 statement, and she sets forth her expenses on that income 12 and expense statement. We were provided with a copy of a 13 document that's very similar to what she submitted today at 14 the Domestic Relations conference. Did I share that with 15 you? 16 A Yes. 17 Q Did you have an opportunity to go through 18 that expense statement and review it? 19 A Yes. I did. 20 (Whereupon, Defendant's Exhibit No. 11 21 was marked for identification.) 22 Q I show you what has been marked as 23 Defendant's Exhibit 11. What is that? 24 A This is the expense statement that I believe 25 Debbie had regarding monthly expenses, those monthly 42 • i 1 expenses, yes. 2 Q There are things crossed off and some 3 handwritten numbers on it? 4 A Correct. 5 Q What do those handwritten numbers represent? 6 A Well, I went through the expenses, and in my 7 view, I don't believe that some of the expenses that are 8 listed on here are actual monthly expenses. I believe some 9 of them are estimates. I don't know what the estimate is 10 based on, but I take a challenge with some of the numbers 11 that are on here because I don't believe some of the numbers 12 that are here are correct and accurate. 13 Q Do you think that the expenses that were set 14 forth there are consistent with the manner in which you 15 spent money during the course of the marriage? 16 A No. 17 Q Let's go through this, 18 A Okay. 19 Q First thing I see crossed off is gas? 20 A Correct. $134.00 a month for gas -- I can 21 see that during the winter months. And these are the 22 forecasted estimated amounts of a new home. 23 MS. RADCLIFF: I am going to object. You 29 need to lay a foundation as to whether or not he knows what 25 these expenses are. He has never been in the home. He 43 +! i 1 doesn't know what the expenses are unless he has personal 2 knowledge of what the expenses are in this home. 3 MR. HELVY; I would be happy to lay a 4 foundation that they owned a home together, and he had an 5 idea of what it cost to heat it, and this is a smaller home. 6 MS. RADCLIFF: If he wants to testify as to 7 what the expenses are in the old home, I don't know how 8 relevant they are. 9 THE MASTER: Sustained. 10 MR. HELVY: I would like to make an offer of 11 proof and put it on the record then. 12 THE MASTER: Go ahead. 13 MR. HELVY: If permitted to testify, Mr. Long 14 will testify that he has a general knowledge of the cost of 15 heating homes in the Pennsylvania area, in the Central 16 Pennsylvania area, in light of the fact that they lived here 17 for years, and that -- 18 THE MASTER: Then lay the foundation that she 19 has requested. 20 MR. HELVY: All right. 21 BY MR. HELVY: 22 Q You lived in Pennsylvania for a period of 23 time, didn't you, JR? 24 A Correct. 25 Q For how long? 44 ~ i 1 A Two and a half years. 2 Q During that period of time was it necessary 3 for you to pay heating bills? 4 A Yes, It was. 5 Q Generally, did you have an opportunity to 6 look at the gas bill here, and when you looked at the gas 7 bill did you determine that to be a heating bill? Is that 8 what you thought it was? 9 A Yes. 10 Q Your wife has been in the home that she is in 11 over what period of time? 12 A I believe she said she moved in November 15th 13 of 2005. 14 Q In your experience is it colder in the fall IS and the winter and spring in central Pennsylvania than it is 16 in sort of the later spring, summer and early fall months? 17 A Yes. It is. 18 Q If you were to average your monthly expenses 19 over a period of time say from November to March or April to 20 heat a home do you think that would be higher than it would 21 if you would actually take a full 12 month average? 22 A Repeat the question. 23 Q If you were to average the costs associated 24 with heating your home over a period of say November, 25 December, January, February, March, April, maybe even 45 1 include May -- 2 A Yes, 3 Q And you were to annualize that, do you think 4 that would be higher than what your actual annual costs 5 would be? 6 A Yes. T do. 7 Q Because it is colder in the winter? 8 A Because of the colder winter months. 9 Q With that in mind, did you take a look at the 10 gas expense? 11 A Yes. 12 Q Did you make a determination as to whether 13 you thought that that gas expense would actually be incurred 14 to heat this particular home? 15 A I think this is higher than what it would 16 take to heat the particular home that she is in now. 17 Q Taking into consideration all of the things 18 that we just discussed did you formulate an opinion as to 19 the monthly costs associated with heating a home of this 20 size? 21 A Yes. 22 Q Are you familiar with your wife's home? 23 A Yes. 24 Q Have you been there? 25 A Yes. 46 1 Q Did you help her move in? 2 A Yes. 3 Q In fact, you spent Christmas vacation there, 4 didn't you? 5 A Yes. 6 Q What is your belief as to the cost associated 7 with heating this home? 8 A I believe if you took the average annual 9 expenses it would run about $60.00 a month, about half of 10 what is stat ed here. 11 Q The next thing I see here is on landline 12 telephone. I see a zero instead of $75.00. Why did you do 13 that? 14 A We each have cell phones, and there is 15 really -- I don't see why you would also need a landline 16 telephone at home when you have a cell phone which you use 17 most of the time anyway. 18 Q Do you pay a cell phone bill comparable to 19 this one? 20 A Cell phone, $42.00, yes, it is very close to 21 that. I bel ieve mine is about $44.00 a month. 22 Q Do you find it necessary to have both a cell 23 phone and a land phone? 29 A No. Cell phone is fine. 25 Q Lunches, there is $100.00 a month. There is 47 1 $40.00 next to that. Why is that? 2 A Debbie is pretty healthy. And she eats 3 pretty healthy . She generally watches pretty much what she 4 eats. The bes t I can recall is that Debbie, she would 5 normally take her lunch with her. And it is a little can of 6 chicken breast or something like that. She generally works 7 at lunch, and she has her lunch right there at the office. 8 And those cans of lunches are maybe a buck or a buck and a 9 half a piece, something like that. So I am guessing like 10 510.00 or $12. 00 a week for lunch expenses. 11 Q Even at $10.00 or $12.00 a week would that be 12 more than you experienced her spending during the course of 13 the marriage? 14 A No. 15 Q 401(k), there is zero next to that instead of 16 $215.00. Why is that? 17 A I haven't put anything in the 901(k) plan in 18 years. If she is in a position where she can contribute to 19 a 401(k) plan than whatever that percentage is of her pay, 20 you know, then I would think something reasonable along that 21 same line for me. But I am not putting anything in a 22 401(k). 23 Q I see something called vacation buy here, 24 $63.00? 25 A I am assuming that BYSIS has a plan that 48 1 allows the employees to buy vacation time ahead. It is in 2 addition to what the normal vacation time would be. This 3 vacation buy would be Debbie buying that additional time for 4 vacation. I don't know why we are going to have to buy her 5 vacation time -- be included, or being considered paying for 6 that. 7 Q On the second page under automobile, she has 8 $519.00 for her BMW, and you have $300.00. Why? 9 Well, what kind of vehicle did she have when 10 the two of you got married? 11 A She had a Toyota. 12 Q She drives a BMW now? 13 A Correct. 14 Q Why $300.00? 15 A I just -- that's my guesstimate of someone 16 making $43,000.00 a year should be paying for a car payment. 17 $519.00 or whatever it is is apparently beyond the budget 18 for what she can afford. 19 Q Medicine. Why did you put $5.00 instead of 20 $20.00? 21 A I mean, just looking at her, she is healthy 22 as a horse. I don't know what she is spending $20.00 for 23 medicine, so -- 24 Q During the course of the marriage were you 25 guys spending money on medicine? 49 1 A Just aspirin or something like that once in a 2 while, not too much I don't think. 3 Q Clothing. Let's see you had $50.00 instead 4 of $125.00? 5 A I just -- Debbie was pretty frugal with her 6 clothing and th at sort of thing. I don't recall her 7 spending $125.00 a month on clothes. 8 Q Food. $200.00 instead of $450.00? 9 A I don't think we spent $400.00 a month 10 whenever I was living there, Maybe, but I don't know. It 11 just seems like it is a little high for one person. 12 Q Does she have a large appetite? I mean -- 13 A No. She really doesn't, so -- 14 Q Barber/hairdresser. I see $30.00 instead of 15 $60.00? 16 A Same sort of thing I guess. She still gets 17 her hair cut I am sure and her nails and stuff like that, I 18 don't know if t hat's something that is a necessity. 19 Q Entertainment. She had $150.00 a month and 20 you had $50.00? 21 A Unless she has changed her habits I don't 22 think we spent $150.00, or she spent $150.00 a month on 23 entertainments. She is pretty much of a homebody. 24 Q Is that the lifestyle that you guys had 25 during the marr iage? 50 1 A Pretty much. We might go to the movie or 2 dinner or stop at Applebee's or something, but we weren't 3 socializing and that sort of things. 4 Q Vacations, She has $169.00 and you have 5 $100.00. Why? 6 A I would be honest with you, I thought I had 7 taken zero. I mean I can't find the logic or the rationale 8 on why I should be being considered for paying something for 9 vacations. You know, her vacations, I just don't see that. 10 I don't see it. The same thing as paying, you know, for 11 paying for vacation buy. I don't know why I should be being 12 considered for donating money for those sorts of things. 13 Q Legal fees? 14 A I am going to have trouble paying my own. As 15 a matter of fact the payment that I made you was on a credit 16 card. 17 Q Charitable contributions? 18 A Same as vacation. I mean, if Debbie chooses 19 to make charitable contributions, it should be her choice I ZO am sure. It is her church and if she wants to do that that 21 should be budgeted in her monthly income. 22 Q How about the spring water delivery? 23 A I just drink plain water. I don't think I 24 should pay for water. ZS Q Ms. Long testified regarding gifts which she 51 1 had received during the course of the marriage. Were you 2 familiar with those? 3 A Gifts? 4 Q From her family. 5 A Yes. 6 Q Did that happen on a regular annual basis to 7 the best of your knowledge? 8 A It was kind of hard to tell. I mean, Debbie 9 received gifts and those were gifts from her mom generally, 10 but it wasn' t something on a regular basis. It was just, 11 you know, once a year or something. We weren't on a time 12 schedule or anything like. She didn't expect something on 13 March 1st of every year, just whenever her mom wanted to do 14 it. 15 (Whereupon, Defendant's Exhibit No. 12 16 wa s marked for identification.) 17 Q I show you what has been marked as 18 Defendant's Exhibit 12. Can you identify that? 19 A Yes, I can. 20 Q What is it? 21 A That is a prenuptial agreement. It looks 22 like it was signed on the 19th day of April, 1994. 23 Q When were you married? 24 A April 22nd, 1995. 25 Q When did you find out about this whole 52 1 prenuptial agreement idea? 2 A Six days before the wedding. 3 Q How did you find out about it? 4 A Debbie gave it to me. Presented it to me and 5 told me that if I didn't sign it the wedding was off, 6 period, that's the way it was. 7 Q Did you have independent counsel represent 8 you when you signed this? 9 A No. I did not. This was horrible. It was 10 absolutely horrible. Plans had been made and churches had 11 been reserved. Receptions had been reserved. Dinners had 12 been made. My family had made all their traveling 13 arrangements and reservations for coming in for the wedding. 14 And then this was given to me a week before the wedding date 15 to sign. It is kind of late to be canceling then. 16 Q Pursuant to this agreement she got the first 17 $70,000.00 out of the sale of your marital home, correct? 18 A That is correct, 19 Q According to her testimony she is indicating ZO that her roughly $30,000.00 life insurance policy is hers 21 and is premarital, correct, turn to page 15 for that. It's 22 the Safeco Life Insurance Company IRA. 23 A Repeat your question, please. 24 Q Did you understand that to be, according to 25 her, her property not subject to equitable distribution? 53 1 A It is specifically excluded from the -- in 2 the prenuptial agreement, I don't recall this, but this is 3 separate from the $70,000.00. 4 Q Do you think you ought to be required to pay 5 your wife supp ort? 6 A No. I do not. 7 Q Your understanding is she makes about how 8 much a year? 9 A $43,000.00. 10 Q Why don't you think you should be required to 11 pay her suppor t? 12 A I think the law for the support of the 13 alimony or how ever you determine this is a good law. And I 19 think it has a place -- 15 MS. RADCLIFF: I am going to object. It 16 calls for an o pinion, not a fact. 17 MR. HELVY: I have no problem with striking 18 from the recor d his opinion as to whether it is a good law 19 or not. But I think that what he has to say with regard to 20 the payment of support is relevant. 21 MS. RADCLIFF: That's just argument, whether 22 he should pay or not pay support. It is not a fact. 23 MR. HELVY: I will rephrase the question. 24 THE MASTER: Rephrase. 25 BY MR. HELVY: 54 1 Q How many different jobs did your wife have 2 during the course of the marriage? 3 A Five, I believe. 4 Q Do you have any problems with that fact? If 5 so, could you explain? 6 A You stay with a company and you build up 7 seniority and you create longevity with a company. By doing 8 that you are able to better yourself with the company, you 9 are more of a contributor, and you become more of an 10 integral part of that company. By doing so you are rewarded 11 through merit reviews and merit performance raises and 12 increases and that sort of thing. 13 Q What is your educational background? 14 A I have a high school education. I5 Q What is your wife's educational background? 16 A She has a college degree, it is an 17 associate's degree. It is more formal education than I 18 have. I9 For that point, you pay your dues and you 20 work with the company and you build up longevity so you 21 become more valuable to the company. But Debbie's changing 22 jobs during the course of the marriage -- I always tried to 23 provide as much support as I could. I even helped her write 24 a resume for the position that she currently has now with 25 BISYS. But by changing jobs, you don't develop yourself and 55 1 you don't increase your salary and you don't increase your 2 net worth. So you have to pay your dues. You have to stay 3 and put up with the B.S. that companies have you put up 4 with. And Debbie didn't do that. She does work hard at the 5 jobs that she is in, but you have to stay and maintain that 6 seniority with the company. By her changing jobs, you don't 7 gain that. 8 I think the law is good for people who have 9 been denied that opportunity. 10 Q Let's talk about that. During the course of 11 the marriage did you have any minor children that had to be 12 taken care of? 13 A No. We did not. 14 Q Did you ever ask your wife to stay home and 15 not work so that she could support you in your efforts in 16 your career? 17 A No, never did. Never did. 18 Q Did you ever ask her to switch jobs because 19 it was inconvenient for you or not consistent with your 20 career goals? 21 A No. 22 Q To the best of your knowledge during the 23 course of this marriage did your wife make any career 24 sacrifices in order to further your career? 25 A No. I don't believe so. No. 56 1 Q You all married in 1995, right? 2 A Correct. April 22nd. 3 Q How old were you when you got married? You 4 are about 55 now, right? 5 A Forty-three. 6 Q How old was your wife? 7 A Forty-three. 8 Q This was a second marriage for both of you? 9 A That is correct. 10 MR. HELVY: I have no further questions. 11 THE MASTER: Cross. 12 CROSS-EXAMINATION 13 BY MS. RADCL IFF: 14 Q Turning to Defendant's Exhibit Number 1 which 15 was the expe nses that you marked through for your wife -- 16 A Correct. 17 Q Would it be fair to say that you have no idea 18 what Debbie spends on a monthly basis? You don't have any 19 proof whethe r these expenses that are on here are accurate 20 or on the in come and expense statement she submitted here 21 today? 22 A Without any documentation, no. 23 Q So it very well could be an accurate 24 statement of what her actual expenses are. Is that correct? 25 A Not based on my experience in the past, no. 57 1 Q But in the past your experience has been with 2 a different h ome, not with the home that she is in now, and 3 not what she is spending now. Is that correct? 4 A Yeah. I understand. I know what her 5 spending habi ts are. 6 Q With regard to your spending habits in 7 general, did you guys have any, at the time you separated, 8 any large savings anywhere or did you basically spend all of 9 the money that you made that didn't go into retirement 10 accounts? 11 A We didn't have any large savings, no. 12 Q So in-between -- and how much, before you 13 took the job with AVISYS or L-3, how much were you making on 14 a yearly basi s? 15 A When I left L-3 I believe I was making 16 $100,000.00 a year -- $97,000.00 a year or something like 17 that. 18 Q Do you recall about how much Debbie was 19 making? 20 A Around $40,000.00, I guess. 21 Q So after the taxes -- were both of you 22 contributing into retirement plans with those prior 23 employers at that time, before you moved down to Texas? 29 A I have not contributed to -- a 401(k) plan or 25 a retirement? Retirement is vested. 401(k) is not. 58 • i 1 Q Well, whether it is a 401(k) or pension plan 2 or any other kind of retirement plan, were both of you 3 participatin g in retirement plans at that time? q A Both of us were participating in retirement 5 plans. I wa s not participating in a 401(k) plan. 6 Q But you both had retirement plans? ~ A Correct. g Q The rest of the money that didn't go into 9 retirement p lans you basically spent? 10 A Pretty much. 11 Q So between the two of you, after taxes, you 12 were spending your entire salary? 13 A I didn't keep the checkbook, so I don't know. 14 Q Now that raises an important issue. While 15 you were in the marital home you were not -- Debbie was the 16 one who was keeping the checkbook? 1~ A Pretty much, yes. lg Q She was the one who was writing out the 19 bills? 20 A Correct. 21 Q And paying them. You really didn't have 22 anything to do with that at a11? 23 A Not really, no. 2q Q And you didn't review the bills with her or 25 anything of that nature either, did you? 59 1 A Not on a routine basis, no. 2 Q So you really don't know on a routine basis 3 what the bills were for the marital residence? 4 A No. I have seen receipts of the bills and 5 maybe I didn't make the check out, but I knew what the 6 receipts on the bills were and the monthly expenses, yes. 7 Q Well, you said you didn't review them on a 8 routine basis? 9 A I said I didn't pay them on a routine basis. 10 Q And I asked you then whether or not you 11 reviewed them on a routine basis and you said no. 12 A Didn't review, no. 13 Q With regard to your question about the heat 14 that she had $1 34.00, you were assuming that that was a 15 heat-only bill. Zs that correct? 16 A Yes, when it says gas, that is correct. 17 Q Is it not possible that gas also covers air 18 conditioning? 19 A I don't know if gas does covers air 20 conditioning or not. Electricity does. I don't know if gas 21 does or not. 22 Q So is it possible that 5134.00 is a correct 23 bill if it cove rs both heat and air conditioning? 29 A I couldn't say. 25 Q With regard to her lunches, you have no idea 60 1 what she actually spends now. Is that correct? 2 A Now? 3 Q Yes. q A Not at the moment, no. 5 Q And same way goes with her clothing. You 6 have no idea what she spends now or even what she was 7 spending duri ng the course of the marriage? g A Other than just knowing whether or not she 9 has something new that she may have gotten. That would be 10 the only way. But I know her actual spending habits now so 11 the answer is no. 12 Q And with the expense for the food, you put 13 down $200.00. So you think she should be able to survive on 14 under $50.00 a week in food. Is that correct? 15 A We spend about$900.00 a month when we were 16 together, so half of that would be about that. 1~ Q Expenses have gone up substantially, have 18 they not, since the two of you have been together? 19 A My expenses? 2p Q Groceries have gone up. Heating bills have 21 gone up. Gasoline has gone up. Everything has gone up 22 since the two of you were last living together. 23 A Yes. 24 Q Would it be fair to say that since everything 25 has gone up since the two of you were living together that 61 1 her expenses would have gone up too? 2 MR. HELVY; It is argumentative. Objection. 3 MS. RADCLIFF: He testified he was aware of 4 them. 5 THE MASTER: Overruled. 6 THE WITNESS: Repeat the question. 7 BY MS. RADCLIFF: 8 Q Since a lot of the expenses have gone up, the 9 cost of gasoline, of heating bills and things like that, 10 wouldn't it be fair to assume that Debbie's expenses have 11 gone up as well? 12 A In some cases, yes, not in all cases. 13 Q Now the spring water delivery that you marked 14 off, you had spring water delivered while the two of you 15 were together? 16 A Yes. 17 Q While the two of you were together she was 18 making a charitable contribution to her church? 19 A Our church. 20 Q And you would agree that as part of this 21 divorce action that she would have incurred attorney's fees 22 and has to pay that, just like you had to pay your 23 attorney's fees? 24 A Sure. 25 Q Did you have a chance to look at her 62 i ~ 1 breakdown on the vacations as to what the two of you spent? 2 MS. HELVY: You are not going to have that 3 there. 9 MS. RADCLIFF: This was attached. That 5 document was attached to her expense statement. 6 THE WITNESS: Okay. They are estimates. 7 They are not qualified, but they are estimates. 8 BY MS. RADCLIFF: 9 Q Do you have any reason to doubt those items 10 that are on that particular document? 11 A I don't know what the basis of them are. 12 Q Do you know what you spent on that particular 13 vacation? 14 A Which one? Was this to St. Thomas? I think 15 this is probably fairly close. 16 Q You have also contested her car payment, 17 would you agree that this -- 18 A Hang on a second. 19 Q Sorry. 20 A What is the total for this trip? 21 MS. RADCLIFF: If you don't know I am not 22 allowed to testify, so -- 23 A Okay. I can't tell if this is $2,030.00 at 24 the bottom is part of the 2,350 and the 723 at the top or 25 what this is. I don't know what this represents. 63 i ~ 1 Q That's fine. With regard to her car payment, 2 would you agree that this is the car payment she had while 3 the two of yo u were still together? q A Yes. That is correct, for the current car 5 she currently has. That is correct. y Q And that was bought during the time period 7 that the two of you were still together. Is that correct? g A That is correct. 9 Q You likewise bought a new car in 2004. I 10 think it was -- 11 A A pick-up, right. 12 Q What was your car payment? 13 A $589.00 I believe is what she said. 14 Q Do you still have that vehicle? 15 A Yes. I do. 16 Q Do you still have the car payment or is the 17 vehicle loan paid off? 18 A No. I still have a car payment. lg Q So you are paying $589.00 a month? 20 A Correct. 21 Q You indicated that you felt that Debbie had 22 five employers during the time period you were together. 23 Isn't it true she only had three employers? She was working 24 for EDS, was she not, when you married her? 25 A Working for EDS. 69 1 Q And she worked there for six years? 2 A She worked there. 3 Q And she worked for the Navy for a year? q A Yes. 5 Q And then she went to work at BYSIS? y A She worked at a hospital, at the Hershey 7 Hospital for a little while. g Q Wasn't she working for the Hershey Hospital 9 before you g ot married. That's when she had a retirement 10 from that lo cation? 11 A I can't -- I am not sure. 12 Q So you are not really sure whether or not she 13 had five emp loyers. 14 A No. 15 Q Instead of only three? 16 A She had one job with EDS, she was working not 17 at the main facility but at an off-site location I believe 18 with a different company. 19 Q And in fact you helped her get her current 20 position by helping her with her resumes with BYSIS. 21 A Yes. 22 Q You never indicated to her that she shouldn't 23 change jobs to try to get the position at BYSIS? 24 A No. 25 Q As a matter of fact, you encouraged her to do 65 i • 1 that, did you not? 2 A I did. 3 Q In fact looking at your prenuptial agreement 4 that you have marked as D-12, at the time that you were 5 married, her income was reported to be $25,000.00, so it has 6 increased rat her substantially during that time period? 7 A I don't have the document, so okay. g Q Now you also have separate or other assets. 9 Your attorney asked Debbie about a bunch of assets that you 10 have? 11 A Yes. 12 Q You have got a 401(k) plan, is that correct, 13 with Fidelity ? 14 A Correct. 15 Q Or now an IRA, rollover to an IRA with 16 Fidelity? 17 A Correct. lg Q And it is worth about $60,000.00? 19 A Correct. 20 Q You also had a UDLP personal pension plan? 21 A Correct. 22 Q That's going to pay you about $1,001.00 per 23 month if you reach age sixty-five? 24 A If you wait until 65, correct. 25 Q You also indicated that you bought a truck. 66 i ~ 1 What did you pay for your truck'? Did you pay about the same 2 thing that Debbie paid for her BMW? 3 A Pretty close. 4 Q Do you have any other assets? 5 A No. 6 Q Do you agree that most of the assets that you 7 were questioning her about are subject to equitable 8 distribution just like yours are? 9 A That is right. 10 Q The decision to change jobs from L-3 to your 11 current employer that was a voluntary decision on your part? 12 A Yes. It was. 13 Q You were talking about your income that you 14 had been receiving from L-3 Communications or AVISYS was 15 $93,000.00, but the actual was, $103,000.00. It was 16 actually a little bit more than that if you do the 17 multiplication. Is that correct? You were making $3,980.80 18 bi-weekly. Is that correct? 19 A I believe so, yes. 20 Q And the same goes with your current 21 employer -- it is not exact 93, you have to do the 22 multiplication to get the exact -- 23 A Correct. 24 q From your bi-weekly pay? 25 A Yes, it is a little less. 67 1 Q And with regard to the prenuptial agreement, 2 you indicated this was presented to you just a few days 3 before the ma rriage. But you had been in my office several 4 weeks before then if not a couple of months before then to 5 discuss the c ontents of this prenuptial agreement. Isn't 6 that correct? 7 A I was in your office and we did discuss it, 8 yes. 9 Q And you decided on what the terms were and 10 the delay was just getting the thing in final form? 11 A I don't recall that, no. 12 Q So it wasn't a big shock to you when it came 13 say the week before the marriage when it was signed? 14 A I beg your pardon. It was a hell of a shock 15 to me. 16 Q But you knew it was coming because you had 17 been -- 18 A No. I knew it was in work, but I didn't know 19 that anything was coming. 20 Q So even though you had been in my office and 21 discussed my preparation of a prenuptial agreement for you, 22 you still were shocked when you finally received it? 23 A Yes. 24 Q Did it contain terms that had not been 25 discussed? 68 1 A No. I just didn't think that Debbie, you 2 know, that sh e would ask me to sign something like that. 3 MS. RADCLIFF; I have nothing further. 4 THE MASTER: Redirect. 5 REDIRECT EXAMINATION 6 BY MR. HELVY: 7 Q As far as your assets and what you have, have 8 you paid any marital debt since the date of separation? 9 A Quite a few. 10 Q Roughly how much? 11 MS. RADCLIFF: Outside of the scope of 12 redirect. I object. I didn't ask anything about the 13 payment of ma rital debts. 14 MR. HELVY: She did talk about his assets. 15 MS. RADCLIFF: I only asked about the assets 16 that's within the scope. 17 THE MASTER: Sustained. 18 BY MR. HELVY: 19 Q Have your assets, the assets that you owned, 20 been reduced since the date of separation? 21 A Yes. 22 Q How? 23 A Paying for monthly bills, for vacations and 24 things like t hat that I placed on credit cards. 25 Q How much would you say you've paid since the 69 1 date of separation towards that type of debt? 2 A $35,000.00 or $37,000.00. 3 MR. HELVY: No further questions. 4 RECROSS EXAMINATION 5 BY MS. RADCLIFF: 6 Q You are seeking as part of equitable 7 distribution a distribution of any of those debts that were 8 marital, were you not? 9 A Pardon. 10 Q The debts that you are claiming that you've 11 paid to the extent that they were marital, you are asking 12 that they also be taken into consideration as part of 13 equitable distribution? 14 A Yes. I would. 15 MS. RADCLIFF: That's all. 16 MR. HELVY: Nothing further. 17 THE MASTER: You may step down, sir. 18 MR. HELVY: We would like to call Ms. Long 19 just to follow-up on a couple of the expenses. ZO THE MASTER: You are still under oath, Ma'am. 21 DIRECT EXAMINATION 22 BY MR. HELVY: 23 Q Do you have gas air conditioning? 24 A I have gas and air, yes. 25 Q Is your air conditioner gas powered? 70 • + 1 A No. 2 Q When you figured out what your gas bill would 3 be did you take whatever bills you had since you moved in 4 and sort of amortize them? 5 A Yes. 6 Q Do you think that those gas bills would be 7 less in the summer? g A Yes. g Q You put about $117,000.00 down on your house 10 and you still have an eight hundred and some dollar a month 11 mortgage. How many years is your mortgage? Do you know? 12 A It is a 30 year mortgage, but I don't think 13 it is an unreasonable mortgage. A really nice two bedroom 14 rental is close to $900.00 to $1,000.00. 15 Q I just was wondering how long you had 16 stretched out your mortgage. 17 MR. HELVY: I have no further questions. lg THE MASTER: Ms. Radcliff. 19 CROSS-EXAMINATION 20 BY MS. RADCLIFF: 21 Q With regard to the gas bill that you've 22 listed on your income and expense statement, and you listed 23 it down to $134.25 a month, you are now in the summer 24 months, and can you tell me whether that accurately reflects 25 what you are going to have for the whole year or is it a 71 1 little high. 2 A It is for a whole year. 3 MS. RADCLIFF: That's all. q MR. HELVY: Nothing further. 5 EXAMINATION 6 BY THE MASTER: 7 Q Do you remember how much money you borrowed 8 when you bought your home, Ma'am? g A No. I could bring everything in. I am sorry. 10 Q Estimate for me if you will what your 11 mortgage is that you borrowed? 12 A My family helped me with a bit, so -- it is 13 $149,000.00 or something like that. $145,000.00 or 14 something like that. 15 Q So you borrowed between $145,000.00 and 16 $150,000.00, a nd you utilized about one hundred and say 17 fifteen of you r money from the sale of the marital 18 residence? 19 A I rolled all the money over. The proceeds 20 that JR and I divided along with that seventy grand came off 21 first off and I just rolled it all over to it. 22 Q What did you buy? 23 A It is a duplex. I have -- it is not -- it i~ 24 a duplex. I h ave .15 acres. I have a family on the other 25 side and it is 1,785 square feet. 72 1 Q It is a not a condo, it is a duplex? 2 A I am attached to someone on the other side. 3 It is a dup lex, yes. 4 Q What was the marital residence? 5 A It was a single dwelling home. 6 Q How big? 7 A 3,001 square feet. 8 THE MASTER: Follow-ups? 9 MR. HELVY: No. 10 MS. RADCLIFF: No. 11 THE MASTER: You may step down. 12 Any other testimony, Mr. Helvy? 13 MR. HELVY: No, sir. 14 THE MASTER: Do you move for the admission of 15 D-1 through 12. 16 MR. HELVY: Yes. 17 MS. RADCLIFF: I object to 9, the doctor's 18 statement. 19 THE MASTER: That was the doctor's statement. ZO One through eight and ten through twelve are 21 admitted. 22 (Whereupon, Defendant's Exhibits No. 1 23 through 8 and 10 through 12 were admitted 24 into the record.) 25 Rebuttal testimony? 73 1 MS. RADCLIFF: No. 2 THE MASTER: Close the record for argument. 3 (Whereupon, the hearing was adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 i CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Vf Vicky Stephenson Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ~ t 2ao Date 1~.. Michael R. Rundle Support Master 75 r~~ ~' I b °~ ~1 Z~ ~'." n 1r ~' C ~ _ .= ~" Ll *' _ ~ 'O }{ V ~~~' ~~ y ~' ~ ~ r w +,... -a DEBORAH M. LOING, Plairf~tiff v. JOHNNY R. LONG, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES Case No. 011108164 DOCKET NO. 05-4372 CIVIL TERM Defendant, Johnny R. Long, hereby withdraws his Exceptions to the Interim Order of July 14, 2006 pursuant to Rule 1910.12(f}. MCNEES WAU7ACE & Date; August 10, 2006 By: I.D. #53148 Delano M. Lantz, Esquire I.D. #21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717)232-8000 (717) 237-5300 (fax) Attorney for Defendant ,~ ('~ --~ N C.Q 3 C xi c'~ a "' 0 r~ '+' D f+t -1 O -f 2 (n ~L 3 ~ Z .~ _~ CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Delano M. Lantz Date: August 10, 2006 o O cr. v i., a rnrr, z a:, c cs niTJ Z 4.. ~I} 1:. _ -` ` ~" ~ ~-~ -ri D ~ ~~ z~i c iv O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff NO. 05-4372 v. JOHNNY R. LONG, Defendant CIVIL ACTION-LAW DIVORCE PETITION TO WITHDRAW APPEARANCE J. Paul Helvy, Esquire, counsel at McNees Wallace & Nurick LLC, respectfully petitions this Honorable Court for leave to withdraw his appearance as counsel for Defendant Johnny R. Long, and, in support thereof, avers as follows: 1. Defendant, Johnny R. Long, an adult individual, currently resides at 3701 Highland Drive, Austin, TX 78734 2. Petitioner J. Paul Helvy has determined that he is unable to continue the representation of Mr. Long for a variety of reasons which, if necessary, will be addressed at a hearing regarding this Petition. WHEREFORE, Petitioner J. Paul Helvy respectfully requests leave to withdraw his appearance as attorney for Defendant Johnny R. Long. McNEES WALLACE & NURICK LLC ~~ B ~c~ a I Helvy No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Dated: October 10, 2006 (717) 232-8000 w CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 10th day of October, 2006, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Johnny R. Long 3701 Highland Drive Austin, TX 78734 ,~' Mic elle Armour, Legal Secretary to J. Paul Helvy r-~ _ ~~ ~~ ~sj • '' i r--- _..` -y l+~ t.r ~~ _ _ •~. .M V OCT 1 `~ 2006 ./~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, NO. 05-4372 Plaintiff v. CIVIL ACTION-LAW JOHNNY R. LONG, Defendant DIVORCE RULE AND NOW, this Zo' day of October, 2006, upon consideration of the Petition of J. Paul Helvy for Leave to Withdraw as counsel for Defendant Johnny R. Long, a Rule is hereby entered upon Johnny R. Long, to show cause, if any, why the Petition should not be granted and why J. Paul Helvy, Esquire should not be permitted to withdraw as counsel for Johnny R. Long. Rule returnable in Zo ~ days of service. T' BY THE COURT: Q `~ r~ 3 R ~ ~ :~i ~ oz ~~o~ao~ Gt1~~Fi.! Goa ~Nl ~Q ~~ IN THE COURT OF COMMON Pl_EAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, NO. 05-4372 Plaintiff v. CIVIL ACTION-LAW JOHNNY R. LONG, Defendant DIVORCE PET1T1ON TO MAKE RULE ABSOLUTE r AND NOW, comes Petitioner, J. Paul Helvy, and moves to make Rule absolute as follows: 1. A Petition to Withdraw Appearance was filed on October 16, 2006. 2. On October 20, 200Ei, a Rule to Show Cause was issued for the parties to show cause as to why relief should not be granted. 3. The Rule to Show Cause was served on Diane G. Radcliff, Esquire, Counsel for Plaintiff, and Johnny R. Long, Defendant, by first-class mail letter dated October 23, 2006 (copy attached). 4. To date, no responsive pleading has been filed. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order granting the relief requested. McNEES WALLACE & NURICK LLC By Dated: November 15, 2006 Harrisburg, PA 17108-1166 (717) 232-8000 - ~ ~> ti McNees Wallace & Nur~ICk LLC attorneys at law J. PAUL HELVY DIRECT DIAL; (717) 237-5343 E-MAIL ADDRESS: PHELVY@MWN.COM October 23, 2006 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 RE: Long v. Long C.P. Cumberlanck No. 05-4372 Dear Diane: Enclosed please find a Rule issued by the Court to show cause why the Petition to Withdraw Appearance shou{d not be granted. Very truly yours, McNEES WALLACE & NURICK LLC JPH/mca Enclosure cc/enc: J.R. Long F?O. Box 1166 • 1OO PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • www.MwN.coM COLUMBUS, UH STATE COLLEG!_, PA ' LANCASTER, PA • HAZLETON, PA • WASHINGTON, ~C CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 15h day of November, 2006, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Diane 'G. Radcliff, Esquire 3448 T'rindle Road Camp Hill, PA 17011 Johnny R. Long 3701 Highland Drive Austin, TX 78734 Mic elle Armour, Legal Secretary to J. Paul Helvy t^•_7 ~ ~ -= - % l _ <: ;-~ .. ~'?'; '- te" r w «~~ ~~ r~'; ''~_t s~ -- ~~ ~ - J _( '~ ~ j .~... e1.,J? DEBORAH M. LONG, Plaintiff JOHNNY R. LONG, v. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4372 CIVIL ACTION LAW - IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance on behalf of the Defendant, Johnny R. Long, in the above-captioned matter. Dated: ~ ~ ~" d G (~ David F. Tamanini, Esquire Supreme Court I.D. No. 27775 4800 Linglestown Rd., Suite 309 Harrisburg, PA 17112 (717) 541-1805 PRAECIPE FOR WITHDRAW OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw my appearance on behalf of Defendant, Johnny R. Long, in the above-captioned matter. Dated: Z ~ VPaul Ivy squi .D. 53 48 A~cfQees allace urick LLC P.O Box 11 00 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 ,. CERTIFICATE OF SERVICE The undersigned hereby certifies that this day, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 David F. Tamanini, Esquire 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 Dated: 1~ 2~ ~ i elle Armour, Legal Secretary to J. Paul Helvy ...7 '~ t . C.3 ~ . _ ..... } ~'i 7 ~ ° ~:,s., .~-5.. G.F .. ..'' ~1~ NOV 2 2 2006 ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, NO. 05-4372 Plaintiff v. JOHNNY R. LONG, Defendant CIVIL ACTION-LAW DIVORCE ORDER AND NOW, this 30_ day of November, 2006, upon consideration of the Petition for Leave to Withdraw as counsel for Defendant Johnny R. Long, it is hereby ORDERED and DECREED that J. Paul Helvy, Esquire is granted leave to withdraw as counsel for Defendant Johnny R. Long. BY THE COURT: b'l~ti~ ~'1', ~l.S`}IN~~ ur~~~.~r~ ~~~~~ ~~4 ~~~~vn~ Q O ~ ! ~ ~~ 0~ ltON 9DQZ ~~i~:~tr-t7~'1I~ • ~. t ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 ~, CIVIL ACTION -LAW JOHNNY R. LONG, DIVORCE Defendant MARITAL AGREEMENT BETWEEN JOHNNY R. LONG AND DEBORAH M. LONG Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 r ' t f TABLE OF CONTENTS RECITALS ......................................................................... 01 SECTION I General Provisions ............................................................. 01 SECTION II Distribution of Property and Debts ........................................... 06 SECTION III Counsel Fees, Support, Alimony, APL, etc .................................. 12 SECTION IV Closing Provisions and Execution ............................................ 12 NOTARY .......................................................................... 14 Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4!6/07 ~, . r T MARITAL AGREEMENT z THIS AGREEMENT made thi~ day of 07, by and between DEBORAH M. LONG, ("Wife") of 5430 Rivendale Blvd., Mech nits urg, PA, and JOHNNY R. LONG, ("Husband") of 3701 Highland Drive, Austin, TX. PREAMBLE AND RECITALS R-1. WHEREAS, the parties hereto are husband and wife, having been married on April 22, 1995 in Cumberland County, Pennsylvania, and were separated on August 25, 2005. R-2. WHEREAS, There were no children born of this marriage. R.3. WHEREAS, the parties entered into a Prenuptial Agreement prior to the marriage. R.4. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -1- t , S 1 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice for filing so that Wife's Attorney may promptly finalize the divorce. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, David F. Tamanini, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Deborah M. Lang vs. Johnny R. Long Marital Agreement prepared 4/6/07 -2- '~ 1 Y 1.06. FINANCIAL DISCLOSURE. The parties acknowledges that: each has had the opportunity to conduct discovery and investigation as to the incomes of the parties, the parties' marital assets and debts and their respective separate assets, debts and monthly expenses; there has been a full and fair disclosure of the identity and value of the parties' marital assets and debt, their separate estates and their respective incomes; and the parties have relied on the substantial accuracy of that financial disclosure as an inducement to the execution of this Agreement. The parties hereby waive any further discovery and/or disclosure of the parties' marital assets and debt, their respective separate estates and incomes and expenses, except for such disclosure that may be necessary as a result of a breach of this Marital Agreement. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -3- '. whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conve, ay nces: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -4- .~ ~• r statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, C. Attorneys Fees and Costs: The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. D. Other Remedies: Any other remedies provided for in law or in equity. E. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time for purposes of the preparation and filing of income tax returns. Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -5- i D. No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. 1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -6- and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The parties previously jointly owned real estate known and numbered as 19 Appaloosa Way, Mechanicsburg, PA, ("the Real Estate"), was sold and the proceeds divided and distributed to and between the parties by their mutual agreement and to their mutual satisfaction. The parties hereby reaffirm that distribution and waive any further or different distribution of those proceeds. B. Vehicle(s)and Vehicle Loan(s~: The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: the 2004 BMW325 xi titled in the parties' joint names under and subject to the Chase Auto Finance loan incurred by the parties jointly for the purchase of said vehicle, which vehicle loan shall be paid by Wife in a timely manner. 2. To Husband: The 2004 F-150 pick up truck titled in the parties' joint names, under and subject to Sun Trust incurred by the parties jointly for the purchase of said vehicle, which vehicle loan shall be paid by Husband in a timely manner. Deborah M. Long vs. Johnny R. Long Marital Agreement prepored 4/6/07 -7- C. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shalt be divided and distributed as follows: 1. To Wife: Wife's Bisys stock (142.485 shares). 2. To Husband: None. D. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts"), and or the funds previously in the Accounts, shall be divided and distributed as follows: 1. To Wife: The following accounts, and/or the funds received by Wife from said accounts: (a) The joint Commerce Checking account #0558, now closed; (b) The joint Commerce Bank savings account #4710, now closed; (c) Wife's Americhoice checking and savings accounts #524 2. To Husband: The following accounts, and/or the funds received by Husband from said accounts: (a) Husband's Wells Fargo checking account #7511. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: None Distributed. 2. To Husband: None Distributed. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: The following Retirement Plans: (a) Wife's Bisys 401 K Plan; (b) Wife's EDS personal Pension Plan; Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -8- (c) All of Wife's premarital retirement plans referenced in the parties' Prenuptial Agreement, to the extent such plans still exist. 2. To Husband: the following Retirement Plans: (a) Husband's Fidelity RIO IRA; (b) Husband's UDLP Pension Plan; (c) Husband Avisysf L-3 Profit Sharing Plan; (d) All of Husband's premarital retirement plans referenced in the parties' Prenuptial Agreement, to the extent such plans still exist. G. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of tangible personal property in the possession of Wife. 2. To Husband: All items of tangible personal property in the possession of Husband. H. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: (a) Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: (a) Chase AARP credit card acct. #0600; (b) MBNA MasterCard acct. #9803; (c) Bank of America credit card acct #1491; (d) Citi Platinum Select credit card acct #8442; (e) Capital One credit card acct #0873; (f) Capital One credit card acct. #1395 Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -9- ~ M v . ~ J (g) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. B. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -10- '. Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. After Acquired Debts: Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debtor liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. Refinance: In the event a party is assuming a liability for which the other party is jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder unless this agreement provides otherwise. L. Injunction Order: The parties acknowledge that in Wife's Cumberland County, PA divorce action docketed to No. 05-4372 the Honorable M.L. Ebert, Jr., Judge of the Court of Common Pleas of Cumberland County, Pennsylvania entered an Injunction Order dated July 18, 2006 enjoining and prohibiting the parties from removing, transferring, conveying, disposing, alienating or encumbering of any of the retirement plans. The parties agree that they shall sign a stipulation or Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -11- V , ~ ~ ~ ~ M agreement required to secure the entry of an order vacating the July 18, 2006 Injunction Order. The parties further agree that each shall be entitled to change the beneficiaries on their retirement plans. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL, AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, and spousal support. The foregoing notwithstanding, effective the order for alimony pendente Cite entered in the divorce action docketed to #05-4372, Pacses No. 0111108164 shall remain in effect until the date of the entry of the decree in divorce. As of the date of divorce decree the order for alimony pendente lite shall be suspended. Any arrears on said APL support order existing as of that date shall be paid in such monthly installments equal to the current support/APL amount until paid in full. To guaranty such payment, Husband's wages shall be attached. Upon said payment, the wage attachment shall terminate and the APL order shall terminate. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shalt be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has Deborah M. Long vs. Johnny R. Lons Marital Agreement prepared 4/6!07 -12- .; -« Y 7 ~ ~ y been executed in various counterparts, each of which shall constitute an original. WITNESS: ~~ / (SEAL) OHNNY R. LON Date: D 3 0 \i h r.e~, ~f`i1 ~, e-..z (SEAL) DEBORAH M. LONG Date: S ~ 03~~-1 Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 -13- ~ MC I L STATE OF TEXAS SS. COUNTY OF ~~+5 On this the ~~r~ day of ~pr ~ ~ , 2007, before me the undersigned officer, personally appeared, JOHNNY R. LONG, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~`~"'"~ ~ ' STA S,.~ppg ~~ _ ~ ~y Comm. NOTARY PUBLIC My Commission Expires: 3-t~-vX COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the day of , 2007, before me the undersigned officer, personally appeared, DEBORAH M. LONG, own to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I h nto set my hand and notarial seal. 1 PUBLIC emission Expires: COMMON~EALZH OF ;~tNNSI`i:V~. Notarial Seal Public Diane G. Radcliff, Notary Camp Hill Boro, Cumberland County My Commission Expires Jan. 11, 2008 :mb-'-e; Lt:,~;,sy~•~ania Assoclat'~on Ot Notaries, Deborah M. Long vs. Johnny R. Long Marital Agreement prepared 4/6/07 - 14- ~~ti r.J ~__, ,- .~ ~ , _ `; J _r~ --i -__ ' ~ 'r; t --s.t -' %,-'-i `~ ~:~ Y ..,,,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 v. CIVIL ACTION -LAW JOHNNY R. LONG, DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 25, 2005. 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 in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ~' 3 ' 07 i DEBORAH M. LONG s~,a t_'; ~-~ "" 3 t _~ " ~ _ ,. t ~~1 ~~ ~ { ~~ ~ i `.... „.,.... (', ~. __ w.... $ -~ ; ::.:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 ~• CIVIL ACTION -LAW JOHNNY R. LONG, DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 25, 2005 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 in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ~ 3 D G JOHNNY R. L,Q~jI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 v. CIVIL ACTION -LAW JOHNNY R. LONG, DIVORCE Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: August 25, 2005 b. Manner of Service of Complaint: Personal Service c. Date of Service of Complaint: March 22, 2006 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: May 3, 2007 b. Defendant: April 23, 2007 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT; a. Date of Execution: NIA b. Date of Filing: NIA c. Date of Service: N/A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated May 3, 2007, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(I) OF THE DIVORCE CODE: a. Date of Service: N!A b. Manner of Service: N/A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: May 7, 2007 b. Defendant's Waiver: May 7, 2 DIANE . RADCLIFF, ESQUI nndle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 ~"'~ r~ "s ,~,~ -~.~ ~~ ~ ~ i _~ .-y-x ~r ~ _- ~..T '~ ~M1..' -__. .-...... „~.f ~ ~ ~. ~,repared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100; Fax: 717-975-0697 Email: dianeradcliff C~comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff NO. OS-4372 v. JOHNNY R. LONG, Defendant CIVIL ACTION -LAW DIVORCE STIPULATION AND NOW, thi~~day of , 2007, the parties, Deborah M. Long, Plaintiff and Johnny R. Long, Defendant, hereby stipulat a d agree as follows: 1. The order of Court entered on July 18, 2006 enjoining and prohibiting the parties from removing, transferring, conveying, disposing, alienating or encumbering of any of the parties' retirement plans, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof, shall be vacated and be of no further legal force and effect. Thereupon, each of the shall be at liberty to remove, transfer, convey, dispose, alienate or encumber his or her retirement plans, and to change the beneficiary designation thereof, the same as of the July 18, 2006 Order has never been entered. 2. The parties authorize the Court to enter an order incorporating the terms of this Stipulation. IN WITNESS WHEREOF, the parties hereto, together with their legal counsel, have set their hands and seals the day and year below written. lane G. Rad ff, Esquire Dated: ~ 3 d c. `~ r Davi . Tamanini, Esquire, Esquire Dated: Z ~ •~-«~ (SEAL) Deborah M. Long Dated: 5 ~ 03 - 01 • (SEAL) Johnny R. Lo Dated: D ~ CERTIFICATION OF ASSIGNED JUDGES I, Diane G. Radcliff, Esquire, attorney for the Plaintiff, hereby certify that the judges involved in this case are as follows: J. Wesley Oler, Jr. Petition for Special Relief/Injunction M.L. Ebert, Jr. Stipulation/Order enjoining and prohibiting removing, transferring, conveying, disposing, alienating or encumbering life insurance policies, pension plan, IRA accounts and 401 K plans Kevin A. Hess Petition of J. Paul Helvy for Leave to Withdraw as Counsel for Defendant Diane G. dcliff, Esquire ' le Road Camp Hill, PA 17011 (717) 737-0100 I . D. No. 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 ~. CIVIL ACTION -LAW JOHNNY R. LONG, DIVORCE Defendant ORDER OF COURT AND NOW, this ~ day of July, 2006, it is hereby ORDERED that the terms of the parties within Stipulation dated June 28, 2006, are hereby incorporated by referenced and made an Order of this Court. BY THE COURT: /r l~ ~ N J. Distribution to: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Defendant: J. Paul Helvy, Esquire, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108 EXHIBIT ~( /I In T~s~;:;.:^,-y ~~~ii~r~•~~~`, t ji`?i~a 'Jillt~l ;~ ~i Fi;~ ~C~rld a:~d -~fi, seal f said ~.o~~, ar crii~`~~, na Try'' .~~.. + f , , , ....~ c,a o ... , h, ~ ~r ~ i J. ~f ` F ..s. ~y Otr10 r . ary ,/ {N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff N0. 05-4372 v_ CIVIL ACTION -LAW _. JOHNNY R. LONG, DIVORCE Defendant STIPULATION AND NOW, this o~=~~day ofd ZOOb, Deborah M. Long ("Wife") and Johnny R. Long ("Husband") hereby stipulate and agree that until further order of court or written agreement of the parties the following shall apply: 1. Each of them shall be enjoined and prohibited from the removing, transferring, conveyancing, disposing, alienating or encumbering of any of the retirement plans listed in the Table attached to the within Stipulation as Exhibit "A". 2. The parties to shall maintain all Life Insurance Policies on his/her life, and Pension Plans, IRA accounts and 401 K plans, existing as of the date of the parties' separation on August 25, 2005, and to designate the other party as the beneficiary of the death benefits on said policies, and any death benefits for retirement plans or accounts to the extent that such policies or plans have death beneficiary or survivors benefits designations. 3. The terms of this Stipulation shall settle and resolve the issues raised in Wife's Petition for Special Relief/Injunction, previously scheduled for hearing before the Honorable J. Wesley Oler on July 5, 2006 at 9:30 p.m., and the parties authorize the Court to cancel said hearing. 4. Each party agrees to accept and be bound by facsimile signatures hereto. 5. The parties authorize the Court to enter an Order incorporating the terms of this Stipulation. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year below written. TNESS: ~~onc~~ ~M.~ (SEAL) DEBORAH M. LONG Date: (~ ~.1- O to A) JOHNNY R, LO G Date: of colcW~o 14 ~4 rnn iii tai ~~~W w~~s=z~ 9ooziezi9a MLrIttJ 'YxLLxl.t tit NUn1L~ 1N THE COt1RT Oi~ CCIMMQN PLFAS OF CU1N6E12t.4Nd COUNTY. PENNSYLVANIA PEBORAfi M. r_aNG, Piaii~tl(f ND. 05-4372 ~. emt. acnar+ - uiw JOHNNY R. LONG, DNpRCE Oefcxtder'it STIPULATIOf;~t 4WQ NpW, khis day orf July, 2dOb, [Yeborah M. Long ("Wife") and Johnr-y J~ rang ("Husband") hereby stipu.ate and agree as fallows~ 9 . Cxccpt upon ttirtittE n mutual aQreomettit of tho parties, eACh a4 them shall be enjalned and prohib4ted from t:he rrrrnoving, trbttsfarrinq, con~-eyanclrrg, disposing, alienating or encurnixring vt ariy of the retirement plans Listed in the Tebl2 atitached to the within Stipulation as Exhibit "A" Z. The parties to 5hal, maintain all Life It1;iJfd~G~ Polities on his/her life, and Pension Plans, IRA accounts and ~ 101 K p[ar~a, existing ns of the date of the parties separation en August 25, 2005, and to dt~siQnate the otE-ar party as the ber-ef9ddry of the death beneflts on said pvlEcios, and any death benefits far retirement plans or a+~caunt9 to the extent that sudt patides or plain h eve d$ath brneflciery or wr~r{vars ba7efiCs designation. 3. Tile terms of this ~itiptttai~an shalt settle at~d resolve the issues raises ir1 W1fe'S Petition for Special Relieflltt~unefitai, prr~viottsly scheduled for hearing before the Np~tarable J. Wesley O[er on ~~:ly 5, 2t1U6 at 4:3Q p,m,, arxi the patties aud~ocize the Court to cancel said Baring. 4. Each party agCeE: s to accept and be ba~rnd ~y facsimile signatures hereto. 5. The parties authr~ri~e tho CvUR tv enter art Order incarpornting the t~rme of this Stlpulatiott. !N WITNESS WHEREOF, thr~ parties have set their horxfs dnd seats the day artd year below written. wrnv~ss: rnf- f~ (~-! DEB~iLIH l~A.. LONG t?ale~ ,_,,ts~L) JOHNNY . L G Date: ~ G a l~J UUL,'UU~ W'$Q69 ObLfr LZ6 ZTS X~~l ES~ZT Q3M 9a/8Z/90 ~,~`•~ ~ : ~RETIREA+fENT ~NS ~~ ,, a s c Ln No B. Ref Description 1 Ret-1 W's BISYS 401 K Plan 2 Ret-2 W's EDS Personal Pension 3 Ret-3 H'S Fidelity 401 K Plan DOS value 4 Ret-4 H's UDLP Pension Plan 5 Ret-5 H's AVISYS/L3 Communications Pension, if any 6 Ret-s H's AViSYSIL3 Communications Profit Sharing Plan K~ -r't y ~,, . F . ~~~ t --:~ j - ~1 ~ ~ ...__>_ a _ `4~ J ~h i -. ~t --~. I N THE COURT OF CC~1Vl MON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ~. _~ ~~- ~ -~ NO. t?5-4~7~ (''TVTT, TERM VERSUS JOHNNY R LONG Defendant DECREE IN DIVORCE AND NOW, ~ ,2nn~, fT IS ORDERED AND DECREED THAT nFR(~RAH M T,nNt,~ _ PLAINTIFF, AND JOHNNY R. LONG ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD )N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; No issues are outstanding. All issues have been resolved and settled by the Parties' Marital Agreement dated May 3, 2007, file record and incorporated into, but not merged with, this Decree BY THE COU'~2T: ATTEST: l w `~' PROTHONOTARY ~~~ -~ ~-o~ 1~ f ~ ~ ~~ -4, ~ ;- MAY 0 $ 2007P" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH M. LONG, Plaintiff NO. OS-4372 v. JOHNNY R. LONG, Defendant CIVIL ACTION -LAW DIVORCE ORDER AND NOW, this ~~day of ~ or~_, 2006, upon consideration of the within Stipulation, it is hereby ordered that the terms of the parties' within Stipulation dated are incorporated hereto the same as of fully set forth at length and are made an order o his Court. BY THE COURT: J. Distribution to: Attorney for Plaintiff: ~ane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Defendant: ,avid F. Tamanini, Esquire, 4800 Linglestown Road • Suite 309, Harrisburg, PA 17112 ~ :~ \~o 05/ ~ ? ~ ~- ~}~d 0 ! ~'~~~~ t (lQ~ A~~10~4'~:-~~~~:::i ~~i !G "-r1a I i Pt __jj DEBORAH M. LONG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. OS-4372 CIVIL TERM JOHNNY R. LONG, IN DIVORCE Defendant PACSES Case No: 011108164 ORDER OF COURT AND NOW to wit, this 23rd day of May 2007, it is hereby Ordered that the Alimony Pendente Lite Order is terminated effective May 10, 2007, pursuant to the parties' Decree in Divorce. The case is closed with a credit of $153.73. BY THE COURT: `~ f~~~ M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Diane G. Radcliff, Esq. David F. Tamanini, Esq. Form 0E-001 Service Type: M Worker: 21005 w ORDER/NOTiCE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/23/07 Case Number (See Addendum for case summary) EmployerNVithholder's Federal EIN Number GSD&M LP 828 W 6TH ST AUSTIN TX 78703-5420 456-88-0037 Employee/Obligor's Social Security Number 5487101648 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. $ o . oo per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greater? Qyes ®no $ o . oo per month in current and past-due medical support $ o . oo per month for genetic test costs $ o . oo per month in other (specify) for a total of $ 0.00 Per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . o o per weekly pay period. $ o . 00 per biweekly pay period (every two weeks). $ o . oo per semimonthly pay period (twice a month). $ o . 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 NAMEAND 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: MAY 2 ~~ 2~O1 DRO: R.J. Shadday Service Type M 011108164 Q Original Order/Notice 05-4372 CIVIL Q Amended Order/Notice O Terminate Order/Notice RE: LONG, JOHNNY R . Employee/Obligor's Name (Last, First, MI) M. L. Ebert, Jr., ge Form N-028 Rev. OMB No.: 0970-0154 ~~/,,.Lo. Ill $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If heck you are required. to provide a copy of this form to your. m loyee. If yo r employee works in a state tha is di~erent from the state that issued this order, a copy must be provi~edpto your emp~oyee even if the 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%bligor'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/ob1 Igor. 3.* . 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/obligoranct you are unable to honor ali 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 OrderslNotices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 1892100236 EMPLOYEE'S/OBLIGOR'S NAME: LONG JOHNNY R. EMPLOYEE'S CASE IDENTIFIER: 5487101648 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%bligor'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 employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: if you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee%bligor have any questions, DOMESTIC RELATIONS SECTION 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.childsuppon;.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: LONG, JOHNNY R. PACSES Case Number 011108164 Plaintiff Name DEBORAH M. LONG Docket Attachment Amount 05-4372 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 e ~' C~ ,_ _. ~., ___~ --~ -~_ .-~< ,-~ r" t f+ _ ~~ -_ _ w ~. 11 5...' (_ ' .- ~ l ( ~~ -~ ty 4 I