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HomeMy WebLinkAbout05-4392IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, V. BARBARA R. MILLII{AN, ) Plaintiff ) a ) Defendant ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (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. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. No. CIVIL 6 S - -134 ACTION - LAW Darren J. Hoist, Esquire Howett, Kissinger, Conley & Hoist, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michael P. Millikan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, ) Plaintiff j NO. 1) S V. ) BARBARA R. MILLIKAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Michael P. Millikan, by and through his counsel, Howett, Kissinger, Conley & Hoist, P.C., who hereby files the instant Complaint in Divorce and in support thereof avers as follows: Plaintiff is Michael P. Millikan, an adult individual who currently resides at 56 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Barbara R. Millikan, an adult individual who Plaintiff believes, and therefore avers, currently resides at 1113 Charles Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant married on July 31, 1981, in Hershey, Pennsylvania. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Servicemembers' Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 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. COUNT I-DIVORCE PURSUANT TO SECTION 3301(c) or (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully request the Court enter a Decree in Divorce pursuant to section 3301 of the Divorce Code. Date: W;-V/05 Respectfully submitted, Darren J. H st, Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michael P. Millikan VERIFICATION I, Michael P. Millikan, hereby swear and affirm that the facts contained in the foregoing are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: August 24, 2005 ????G GC2? MICHAEL P. MILLIKAN C U? } cz) MICHAEL P. MILLIKAN, Plaintiff, V. BARBARA R. MILLIKAN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4392 CIVIL ACTION - LAW DIVORCE PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of BARBARA R. MILLMAN, the Defendant in the above-captioned matter. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: December 12, 2005 By: KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant TO THE PROTHONOTARY: Kindly enter my appearance on behalf of BARBARA R. MILLIKAN, the Defendant, Pro Se, in the above-captioned matter. Date: 1 05 ?r 0.,} .C r l i W.? Barbara R. Millikan 204 Allendale Road Mechanicsburg, PA 17055 ;_?. Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclay(@dzmm glaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Plaintiff Docket No. 05-4392 V. BARBARA R. MILLIKAN, Defendant CIVIL ACTION-LAW (In Divorce) PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Shana Pugh, on behalf of Defendant, Barbara R. Millikan, in the above-captioned matter. 1-1114 MA IV V4% Date: By: Shana Pugh, Esquire Supreme Court I.D. # 200952 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Daley Zucker Meilton Miner and Gingrich, LLC, and Lindsay Gingrich Maclay, Esquire, on behalf of Defendant, Barbara R. Millikan, in the above-captioned matter. DALEY ZUCKER MEILTON MINER & GING ICH, LLC If "'f_ )/§?> Date: J 2_ By: isuipreme say G' ich ac ay, E re C%kfil I.D. # 87954 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 t`) ? v r 71 CZ) . , Z t 77 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, ) Plaintiff ) V. ) BARBARA R. MILLIKAN, ) Defendant ) NO. 05-4392 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT '__-._v fill d'.w d5 i Uti iii u3E cvviVG %,u U :?,Uiii?)iiliii} ? in u,JvUlc i.u?iuGl yJ.?v1ki;J Gi u August 25, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /O ZI/g Michael P. Millikan, Plaintiff CM Cw rc"? cc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, ) Plaintiff ) V. ) BARBARA R. MILLIKAN, ) Defendant ) NO. 05-4392 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divcrce under. §3301 (c) of the Divorce Code ivas filed on August 25, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Dater o U{?clL? "a1 Barbara R. Millikan, Defendant - C ? *'- I-M rs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Plaintiff Docket No. 2005-4392 (CivilTerm) V. BARBARA R. MILLIKAN, Defendant CIVIL ACTION- LAW (In Divorce) ACCEPTANCE OF SERVICE I, Barbara R. Millikan, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, which was filed on August 25, 2005. Dated: q a po By: `k `0 LLUCAWL,'-? Barbara R. Millikan, Defendant 56 Hellam Drive Mechanicsburg, PA 17055 c zE CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, ) Plaintiff ) V. ) BARBARA R. MILLIKAN, ) Defendant ) NO. 05-4392 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Defendant on September 1, 2005; Acceptance of Service is being filed contemporaneously herewith. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, October 9, 2008; by defendant, October 21, 2008. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: October 22, 2008; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: / 6 e)ay- _ 1/?)- Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Michael P. Millikan C=p I'D CO T: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MICHAEL P. MILLIKAN, °'- Plaintiff VERSUS BARBARA R. MILLIKAN, Defendant No. 20054392 CIVIL TERM DECREE IN DIVORCE .,' /P ;s,4 •''' • AND NOW, tj 2008 , IT IS ORDERED AND MICHAEL P. MILLIKAN DECREED THAT PLAINTIFF, BARBARA R. MILLIKAN AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. PROTHONOTARY ,T-.YVW 7;7p? 'p. s I/ ,?o. '5? - >> DEC 22 2008 STATE OF Pennsylvania CASE # 2005-4392 Civil Term COUNTY OF Cumberland IN THE Cumberland County COURT OF Common Pleas IN RE TO THE MARRIAGE OF: Michael P. Millikan Petitioner and Barbara R. Millikan Respondent Qualified Domestic Relations Order (Defined Benefit Plan) This order creates and recognizes the existence of an alternate payee's right to receive a portion of the participant's benefits payable under an employer-sponsored defined benefit plan, which is qualified under Section 401 of the Internal Revenue Code (the "Code"). This order is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws. This order is entered pursuant to the authority granted under the applicable domestic relations laws of the state of Pennsylvania 1. Plan This order applies to the Xerox Corporation Retirement Income Guarantee Plan Any successor to this plan shall also be subject to the terms of the order. 2. Participant The name, address, Social Security number, and date of birth of the participant are as follows: Name: Michael P. Millikan Address: Social Security Number: 1218 River Road, Titusville, NJ 08560 See Personal Information Attachment Date of Birth: See Personal Information Attachment Page 4 T8LYTUH65X 3. Alternate Payee The person named as alternate payee meets the requirements of the definition of alternate payee as set forth in Section 5 of this order. The alternate payee's name, address, Social Security number, date of birth, and relationship to the participant are as follows: Name: Barbara R. Millikan 56 Hellam Drive, Mechanicsburg, PA 17055 Address: Social Security Number: See Personal Information Attachment Date of Birth: See Personal Information Attachment Relationship to Participant: Former Spouse The alternate payee shall be responsible for notifying the Plan Administrator in writing of any changes in his or her mailing address subsequent to the entry of this order. 4. Marital History Date of Marriage: 07-31-1981 Date of Divorce: 08-08-2005 5. Definitions Accrued Benefit-The participant's accrued benefit is the participant's benefit as if he or she terminated employment on the date of detennination and began receiving a distribution from the Plan. For benefits accrued after the cash balance conversion date, the vested accrued benefit is the greater of: (a) Transitional Retirement Account (TRA); (b) Cash Balance Retirement Account (CBRA); Or (c) Benefit from the applicable retirement plan formula. (The benefit formula is based on the value of the current accrued benefit under the applicable formula expressed as an age 65 benefit). If applicable, any frozen accrued benefit (XDS and/or IAP benefits) is also included in the definition of Accrued Benefit. Page 5 T$LYTUH65X Alternate Payee-The alternate payee is any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable under the Plan with respect to the participant. Date of Determination-The date of determination is the date as of which to calculate the participant's accrued benefit from the Plan in order to determine the alternate payee's designated portion in accordance with the terms of this order. Marital Interest-The marital interest is the participant's accrued benefit multiplied by the following fraction: Number of Months of Service (credited to the participant under the terms of the Plan during marriage) Number of Months of Service (credited to the participant under the terms of the Plan up to the earlier of the termination of the participant's employment or commencement of benefit payments to the alternate payee) Plan Administrator-Xerox Corporation ("Xerox") is the Plan Administrator for Xerox's employee benefit plans. Xerox has contracted with Hewitt Associates LLC to establish procedures and administer QDROs. Vested-A participant is vested if he or she has a nonforfeitable right to a benefit under the Plan. 6. Benefit Payable to the Alternate Payee (Choose Option A, Option B, or Option C.) ? Option A. Straight Percentage The order assigns to the alternate payee an amount equal to % of the participant's vested accrued benefit under the Plan (identified in Section 1) as of the following date of determination: (insert date). Any actuarial adjustment that might be necessary to base the alternate payee's benefit on the alternate payee's lifetime will be applied to the alternate payee's benefit. Further, early commencement reductions shall be made as necessary to reflect commencement of the alternate payee's benefit prior to the participant's normal retirement age or prior to the commencement of benefit payments to the participant. If such reductions are required, they shall be determined on the basis of the Plan's actuarial assumptions and not on the basis of any subsidized early retirement factors contained in the Plan. Page 6 T8LYTUH65X Except as provided below, the alternate payee shall have no right to any other increase in the participant's benefit under the Plan caused by service, earnings, separation programs, or plan amendments. Neither shall the alternate payee have any right to the portion of the participant's retirement benefit under the Plan that is not assigned in this order. • If the participant retires prior to his or her normal retirement date and is eligible to begin receiving subsidized early retirement pension benefits under the Plan, after the participant retires, the amount of any benefit payment to the alternate payee (choose one): - Will be increased by a proportionate share of any such early retirement subsidy. - Will not be increased by a proportionate share of any such early retirement subsidy. • If the Plan pays a cost-of-living (COLA) increase, postretirement benefit, or any other ad hoc increase to the participant, the amount of any benefit payment to the alternate payee (choose one): - Will be increased in proportion to the alternate payee's share of the participant's benefit. - Will not be increased in proportion to the alternate payee's share of the participant's benefit. OR ® Option B. Marital Interest This order assigns to the alternate payee an amount equal to 50.0000 % of the "marital interest" in the participant's accrued benefit under the Plan (identified in Section 1) as of the earlier of the termination of the participant's employment or commencement of benefit payments to the alternate payee. Any actuarial adjustment that might be necessary to base the alternate payee's benefit on the alternate payee's lifetime will be applied to the alternate payee's benefit. Further, early commencement reductions shall be made as necessary to reflect commencement of the alternate payee's benefit prior to the participant's normal retirement age or prior to the commencement of benefit payments to the participant. Except as provided below, if such reductions are required, they shall be determined on the basis of the Plan's actuarial assumptions and not on the basis of any subsidized early retirement factors contained in the Plan. Page 7 T8LYTUH65X Except as provided below, the alternate payee shall have no right to any other increase in the participant's benefit under the Plan caused by service, earnings, separation programs, or plan amendments. Neither shall the alternate payee have any right to the portion of the participant's retirement benefit under the Plan that is not assigned in this order. • If the participant retires prior to his or her normal retirement date and is eligible to begin receiving subsidized early retirement pension benefits under the Plan, after the participant retires, the amount of any benefit payment to the alternate payee (choose one): X Will be increased by a proportionate share of any such early retirement subsidy. - Will not be increased by a proportionate share of any such early retirement subsidy. • If the Plan pays a cost-of-living (COLA) increase, postretirement benefit, or any other ad hoc increase to the participant, the amount of any benefit payment to the alternate payee (choose one): x Will be increased in proportion to the alternate payee's share of the participant's benefit. - Will not be increased in proportion to the alternate payee's share of the participant's benefit. OR ? Option C. Dollar Amount This order assigns to the alternate payee an amount equal to S of the participant's monthly vested accrued benefit under the Plan (identified in Section 1) but not to exceed the total value of the participant's vested accrued benefit. The alternate payee shall have no rights in or to any amount of the participant's vested accrued benefit under the Plan not assigned by this order. Any actuarial adjustment that might be necessary to base the alternate payee's benefit on the alternate payee's lifetime will be applied to the alternate payee's benefit. Further, early commencement reductions shall be made as necessary to reflect commencement of the alternate payee's benefit prior to the participant's normal retirement age or prior to the commencement of benefit payments to the participant. Except as provided below, if such reductions are required, they shall be determined on the basis of the Plan's actuarial assumptions and not on the basis of any subsidized early retirement factors contained in the Plan. Page 8 T8LYTUH65X Except as provided below, the alternate payee shall have no right to any other increase in the participant's benefit under the Plan caused by service, earnings, separation programs, or plan amendments. Neither shall the alternate payee have any right to the portion of the participant's retirement benefit under the Plan that is not assigned in this order. • If the participant retires prior to his or her normal retirement date and is eligible to begin receiving subsidized early retirement pension benefits under the Plan, after the participant retires, the amount of any benefit payment to the alternate payee (choose one): - Will be increased by a proportionate share of any such early retirement subsidy. - Will not be increased by a proportionate share of any such early retirement subsidy. • If the Plan pays a cost-of-living (COLA) increase, postretirement benefit, or any other ad hoc increase to the participant, the amount of any benefit payment to the alternate payee (choose one): - Will be increased in proportion to the alternate payee's share of the participant's benefit. - Will not be increased in proportion to the alternate payee's share of the participant's benefit. 7. Form of Payment Except as otherwise stated, the amount payable to the alternate payee in accordance with this order shall be paid to the alternate payee in any form available to an alternate payee in accordance with the provisions of the Plan. However, the alternate payee's benefits may not be paid as a joint and survivor annuity naming the alternate payee's subsequent spouse as the survivor. 8. Commencement The alternate payee may begin receiving his or her benefit payments on the later of the participant's earliest retirement date under the Plan or the date the alternate payee applies for his or her benefits in the manner prescribed by the Plan Administrator. If the Plan so provides, the alternate payee may elect to receive his or her benefits at an earlier date allowed by the Plan. In no event can the alternate payee defer commencement of benefits later than the participant's actual commencement date. 9. Death Procedures The benefit assigned to the alternate payee is calculated over his or her lifetime. The benefit awarded under Section 6 will not change if the participant dies prior to the alternate payee. Therefore, if the participant dies prior to the commencement of benefit payments to either the participant or the alternate payee, the benefit awarded to the alternate payee pursuant to Section 6 shall be paid from the participant's preretirement surviving spouse benefit. If the alternate payee predeceases the participant prior to the commencement of benefit payments to the alternate payee, the benefit otherwise payable to the alternate payee reverts to the participant. 110. Retention of Jurisdiction This matter arises from an action for divorce or legal separation in this court under the case number set forth at the beginning of this order. Accordingly, this court has jurisdiction to issue this order. In the event the Plan Administrator determines that this order is not a Qualified Domestic Relations Order, both parties shall cooperate with the Plan Administrator in making any changes needed for it Page 9 T8LYTUH65X to become qualified. This includes signing all necessary documents. For this purpose, this court expressly reserves jurisdiction over the dissolution proceeding involving the participant, the alternate payee, and the participant's interest in the Plan. 11. Limitations Pursuant to Section 414(p)(3) of the Code and except as provided by Section 414(p)(4), this order: (i) Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; (ii) Does not require the Plan to provide increased benefits; and (iii) Does not require the payment of benefits to an alternate payee that is required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order. 12. Taxation For purposes of Sections 402 and 72 of the Code, any alternate payee who is the spouse or former spouse of the participant shall be treated as the distributee of any distributions or payments made to the alternate payee under the terms of the order and, as such, will be required to pay the appropriate federal, state, and local income taxes on such distributions. 13. Constructive Receipt If the Plan inadvertently pays to the participant any benefit that is assigned to the alternate payee pursuant to the terms of this order, the participant will immediately reimburse the Plan to the extent that the participant has received such benefit payments and shall forthwith pay such amounts so received to the Plan within ten (10) days of receipt. If the Plan inadvertently pays to the alternate payee any benefit that is actually payable to the participant, the alternate payee must make immediate reimbursement. The alternate payee must reimburse the Plan to the extent he or she has received such benefit payments and shall forthwith pay such amount so received to the Plan within ten (10) days of receipt. 14. Effect of Plan Termination If the Plan is terminated, whether on a voluntary or involuntary basis, and the participant's benefits become guaranteed by the Pension Benefit Guaranty Corporation ("PBGC"), the alternate payee's benefits, as stipulated herein, will also be guaranteed to the same extent in accordance with the Plan's termination rules and in the same ratio as the participant's benefits are guaranteed by the PBGC. Page 10 T8LYTUH65X 15. Certification of Necessary Information All payments made pursuant to this order shall be conditioned on the certification by the alternate payee and the participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. Dated this 7.qV? day of a Gtl" f By the court: ?k -? ?? A\ Judge's Signature T8LYTUH65X delivered by Copyright ® 2008 Hewitt Associates LLC O1 189DB 1 LO1_08 13 41782 HeNil t a 6 1 .61 ?,l? 6Z 3 ]Q Ku-,Z Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay_(@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Plaintiff Docket No. 2005-4392 (Civil Term) V. BARBARA R. MILLIKAN, Defendant CIVIL ACTION- LAW (In Divorce) MOTION FOR LEAVE TO WITHDRAW AS COUNSEL This Motion of Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully represents: 1. The Movants are Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, who are presently counsel of record for Defendant, Barbara R. Millikan, in the above-captioned matter. 2. The Respondent is Barbara R. Millikan, Defendant in the above-captioned matter. 3. Movants have been counsel of record in these matters since in or around August 2007. 4. Over the course of the Movants' representation of Respondent, certain issues have arisen which make it impossible for Movants to continue to represent Respondent. 5. On December 22, 2008; December 31, 2008; January 5, 2009; and January 9, 2009, Movants sent letters to Respondent indicating Movants will withdraw as counsel of record due to lack of cooperation, contact, and assistance with the firm. 6. Movants have left messages for Respondent on an almost daily basis seeking response. 7. Respondent has been given reasonable warning that Movants will withdraw as counsel of record unless Respondent contacts Movants' office. 8. Respondent, with the exception of one call on Monday, January 5, 2009 wherein she advised that she could not speak with Movants but would call back on Wednesday, January 7, 2009, has failed to respond to Movants' requests that Respondent contact them. 9. As of the date of this filing with the exception of the call on January 5, 2009, Respondent has failed to contact Movants' office. 10. Therefore, under Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct, good cause exists for Movants' withdrawal of appearance in this case. 11. As a result of the above, Movants accordingly request permission to withdraw as counsel for Respondent. WHEREFORE, Movants, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully request this Honorable Court grant Movants leave to Withdraw as Counsel for Respondent, Barbara R. Millikan, in the above-referenced Divorce matter. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By. 1NJJ ? < ttorney .D. o. 87954 1029 Scen Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich Maclay, Esquire, do hereby verify that the facts averred and statements made in the foregoing petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Date: lams q 13.2009 By: (L#4 say Gin M lay, squire CERTIFICATE OF SERVICE I, Amanda M. Shull, Paralegal, hereby certify that on this 13? day of janUOIN 2009, a copy of the Motion for Leave to Withdraw as Counsel was placed in the United States Mail, Postage pre-paid, with proof of mailing, addressed as follows: Darren J. Holst, Esquire Howett Kissinger & Holst, PC 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Counsel for Plaintiff Ms. Barbara R. Millikan 56 Hellam Drive Mechanicsburg, PA 17055 Defendant/ Respondent DALEY ZUCKER MEILTON MINER AND GINGRICH, LLC By: Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ra t"'! =# ? 1 ? ....yy ryry ? - • ?_?-_ ,.. a ? ,RLr ..fir 4? ...? <?A }? ?. r? r r_. C J Lindsay Gingrich Maclay, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclavadzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA R. MILLIKAN, Plaintiff 05 - 439x, C?v, l Docket No. 00642-8 29&5 V. MICHAEL P. MILLIKAN, Defendant PACSES No. 442107583 (In Support) MOTION FOR LEAVE TO WITHDRAW AS COUNSEL This Motion of Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully represents: 1. The Movants are Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, who are presently counsel of record for Plaintiff, Barbara R. Millikan, in the above-captioned matter. 2. The Respondent is Barbara R. Millikan, Plaintiff in the above-captioned matter. 3. Movants have been counsel of record in these matters since in or around August 2007. 4. Over the course of the Movants' representation of Respondent, certain issues have arisen which make it impossible for Movants to continue to represent Respondent. 5. On December 22, 2008, December 31, 2008, January 5, 2009, and January 9, 2009, Movants sent letters to Respondent indicating Movants will withdraw as counsel of record due to lack of cooperation, contact, and assistance with the firm. 6. Movants have left messages for Respondent on an almost daily basis seeking response. 7. Respondent has been given reasonable warning that Movants will withdraw as counsel of record unless Respondent contacts Movants' office. 8. Respondent, with the exception of one call on Monday, January 5, 2009 wherein she advised that she could not speak with Movants but would call back on Wednesday, January 7, 2009, has failed to respond to Movants' requests that Respondent contact them. 9. As of the date of this filing with the exception of the call on January 5, 2009, Respondent has failed to contact Movants' office. 10. Therefore, under Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct, good cause exists for Movants' withdrawal of appearance in this case. 11. As a result of the above, Movants accordingly request permission to withdraw as counsel for Respondent. WHEREFORE, Movants, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully request this Honorable Court grant Movants leave to Withdraw as Counsel for Respondent, Barbara R. Millikan, in the above-referenced Support matter. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: /?? ttorney I. o. 87954 1029 Scene rive Harrisburg, Pennsylvania 17109 (717) 657-4795 VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich Maclay, Esquire, do hereby verify that the facts averred and statements made in the foregoing petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Date:- 'TA 111ADAI Q ?? By: CERTIFICATE OF SERVICE I, Amanda M. Shull, Paralegal, hereby certify that on this 20"' __ day of 2009, a copy of the Motion for Leave to Withdraw as Counsel was placed in the United States Mail, Postage pre-paid, with proof of mailing, addressed as follows: Darren J. Holst, Esquire Howett Kissinger & Holst, PC 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Counsel for Defendant Ms. Barbara R. Millikan 56 Hellam Drive Mechanicsburg, PA 17055 DALEY ZUCKER MEILTON MINER AND GINGRICH, LLC B Iv/• Y• anda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ?_ ?' ? `-s?S ? a-+ - t?.. _ r "ll?..- --{'? n;1 %?` i - -. r t .. ?? ? .J ?'" ?y l ry - 'Y .?" ? ? MICHAEL P. MILLIKAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-4392 CIVIL BARBARA R. MILLIKAN, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 16th day of January, 2009, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before February 9, 2009; 3. The Prothonotary will forward said Answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will determine if a hearing or further Order of Court is needed. indsay Gingrich Maclay, Esquire Petitioner ,/Darren J. Holst, Esquire, tt Attorney for Plaintiff V Xrbara R. Millikan, Defendant bas ,. C M. L. Ebert, Jr., J. 11 /1 dna 11t, .rj WV rZ Nvr HE ,1 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclayAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Docket No. 2005-4392 (Civil Term) Plaintiff V. BARBARA R. MILLIKAN, CIVIL ACTION- LAW Defendant (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 21St day of January, 2009, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following people were served with a time-stamped copy of the Motion for Leave to Withdraw as Counsel filed in the above-referenced matter. This document was mailed on January 20, 2009 in the Regular United States Mail with Proof of Mailing addressed as follows: Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 Darren J. Holst, Esquire Howett Kissinger & Holst, PC 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 A copy of the USPS Certificate of Mailing is attached hereto as Exhibit "A" and is by reference incorporated herein and made a part hereof. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH,. LLC By: , lllr'. 1.laM1VJ , I.D. . 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 EXHIBIT "A" oa U.S. POSTAL SERVICE CERTIFICATE OF IERV16 rnrn MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOT PROVIDE FOR INSURANCE-POSTMASTER Received From: am I vY?SbUra r PAf LIM P 0) ?00 Cl) 0 One piece of ordinary mail addressed to: 0 ? `??L10?1f1 ???. Barbara M?ItIkAn ? ??,? 5 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MANMG m r N MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT I !"N W PROVIDE FOR INSURANCE-POSTMASTER O OZ0 Received From: Q Q V - 77: M M D N 64.* I ^ Cc ( V L a) w 0 1 O) 9 t` V 1 ?-I0 - U) o One piece of ordinary mail addressed to: O J < IV V?* in Nn P0. ox g ? b LLA I/U, r W tvA 1712 I -JA 119t a0 0) (n W000 PS Form 3817, January 2001 - ,: "h ,? ,.? ?? r ?„ ??.. a::,, ri~? ??_ cv ?: 's: -? : 5 ?; :i' _ -? f :"t ?" ?, ? ?5 -C Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclUaa,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Plaintiff Docket No. 2005-4392 (Civil Term) V. BARBARA R. MILLIKAN, Defendant CIVIL ACTION- LAW (In Divorce) PRAECIPE TO WITHDRAW MOTION TO WITHDRAW AS COUNSEL Prothonotary: Undersigned hereby withdraws their Motion to Withdraw as Counsel filed on January 14, 2009 in the above-captioned matter. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GIN RICH, LL Date: 2 By: say Gi . Maclay, s uire Attorney I.D 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant Distribution: Darren J. Holst, Esquire, HOwETT, KIssINGER & HOLST, P.C., P.O. Box 810, Harrisburg, Pennsylvania 17108 (717/234-2616) Lindsay Gingrich Maclay, Esquire, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109 (717/657-4795) Barbara Millikan, 56 Hellam Drive, Mechanicsburg, PA 17055 d CJ7 ?? .. jv Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclayAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Docket No. 2005-4392 (Civil Term) Plaintiff/Respondent v. BARBARA R. MILLIKAN, Defendant/Petitioner CIVIL ACTION- LAW (In Divorce) PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND FOR ATTORNEY FEES AND NOW, this 1M" day of 2009, comes Defendant/Petitioner, Barbara R. Millikan, by and through his attorneys, Lindsay Gingrich Maclay, Esquire of the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and avers as follows: 1. Defendant/Petitioner, Barbara R. Millikan (hereinafter referred to as "Wife") is an adult individual who resides at 56 Hellam Street, Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania (hereinafter referred to as "Marital Residence"). 2. Plaintiff/Respondent, Michael P. Millikan (hereinafter referred to as "Husband") is an adult individual who resides at 1218 River Road, Titusville, New Jersey. 3. The Parties were married on July 31, 1981 in Hershey, Dauphin County, Pennsylvania. 4. Husband filed a Divorce Complaint on August 24, 2005 and a final Decree in Divorce was issued on November 4, 2008. A copy of said Divorce Complaint is attached hereto and incorporated by reference as Exhibit "A-1" and a copy of the Divorce Decree is attached hereto and incorporated by reference as Exhibit "A-2". 5. The Parties' division of all marital property and debts occurred through a Property Settlement Agreement executed by the Parties in May of 1998 (hereinafter referred to as "PSA"). A copy of said agreement is attached hereto and incorporated by reference as Exhibit "B". 6. On November 17, 2005 the Parties' executed an Addendum to the PSA (hereinafter referred to as "Addendum"). A copy of said Addendum is attached hereto and incorporated by reference as Exhibit "C". 7. Husband occupied the Marital Residence from November 2005 to November 12, 2007. 8. Pursuant to Paragraph 1 of the Addendum, while Husband occupied the marital residence, he was to be: Solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums and utilities, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses. Husband shall also be solely responsible for all ordinary and routine maintenance and repairs on the Marital Residence. `Ordinary and Routine' shall be defined as maintenance and repairs required to correct general wear and tear on the property and which cost less than Five Hundred Dollars ($500.00)... Notwithstanding the foregoing, Husband and Wife acknowledge that the upstairs hallway bathroom is presently unfinished. Husband agrees to take steps to finish the hallway bathroom during his period of exclusive use and possession, and he agrees to be fully responsible for the costs thereof even if said costs exceed Five Hundred Dollars ($500.00). 9. Pursuant to Paragraph 1 of the Addendum, Wife was to take possession of the Marital Residence when her current apartment lease expired without renewal. As a result of Husband refusing to vacate the Marital Residence as provided in the Addendum (Wife's leased expired on October 31, 2007), Wife could not take possession until November 12, 2007, and she therefore incurred the additional expense of pro-rated rent for the apartment in which she was residing in the amount of Five Hundred ($500.00) Dollars. A copy of the documentation verifying that Wife had to pay an additional $500.00 in pro-rated rent is attached hereto and incorporated by reference as Exhibit "D". 10. When Wife took possession of the Marital Residence, the mortgage on the Marital Residence had not been paid for the months of September, October, or November of 2007. As such, Mr. John Flavin, who holds the mortgage, was threatening foreclosure. Wife had to borrow a total of Five Thousand Three Hundred Forty-Nine and 511100 ($5,349.51) Dollars from her parents in order to cover the delinquent mortgage payments and late fees ($4,111.5$) and in order to pay the mortgage for the month of December, 2007 ($1,237.93). Copies of the checks are attached hereto and incorporated by reference as Exhibit "E". 11. Additionally, there were various bills that were incurred during Husband's occupancy of the Marital Residence that remained unpaid by Husband. As a result, Wife had to pay Three Hundred Thirty and 261100 ($330.26) Dollars to Verizon; Four Hundred Twenty-Five ($425.00) Dollars to have the one (1) ton of trash left in the residence by Husband hauled away; One Hundred Sixty Three and 44/100 ($163.44) Dollars for the Water Bill; Eighty-nine and 04/100 ($89.04) Dollars for Lighting Repairs, and One Hundred Seventy Four ($174.00) Dollars for the Trash Bill. Copies of said invoices are collectively attached hereto and incorporated by reference as Exhibit "F". 12. There are various bills stemming from Husband's occupancy of the Marital Residence that remain delinquent and unpaid since Wife took possession of the Marital Residence. First, there is a bill in the amount of One Thousand Three Hundred Twenty Two and 64/100 ($1,322.64) Dollars to Central Credit Audit for back sewer charges. Second, a bill for Three Thousand Three Hundred Twenty-Two and 71/100 ($3,322.71) Dollars for 2006 back taxes and Three Thousand Three Hundred Three and 47/100 ($3,303.47) Dollars for 2007 back taxes with the Cumberland County Tax Claim Bureau. Husband acknowledged his obligation to the 2006 back taxes. In order to avoid tax upset sale on the marital residence on September 25, 2008, Husband entered into a private arrangement with John Flavin, the mortgagor on the residence, to satisfy the delinquent 2006 back taxes. In order to avoid tax upset sale on the marital residence, the 2007 back taxes must be satisfied before July 1, 2009 when the upset sale is scheduled to occur. There is currently an outstanding balance due to PP&L electric in the amount of Five Thousand Six Hundred Thirty-Six and 80/100 ($5,636.80) Dollars stemming from 1999 to present. The undersigned is currently working with PP&L to attempt to determine for which portions of the outstanding balance Husband should be responsible. Copies of said invoices are collectively attached hereto and incorporated by reference as Exhibit "G". 13. Additionally, due to the condition in which Husband left the house when he vacated same, there were repairs which needed to be done to the house to make it habitable and saleable. Wife paid Two Thousand Five Hundred ($2,500.00) Dollars for the down payment for the painting repairs; an additional One Thousand ($1,000.00) Dollars for home repairs and the painting; Four Hundred Fifty ($450.00) Dollars for ceiling repairs; Three Hundred Thirty-Five ($335.00) in window repairs for broken windows in the Marital Residence; Six Thousand ($6,000.00) Dollars to replace the urine-stained, saturated, odor-filled carpeting throughout the Marital Residence; One Thousand Ninety-Five and 74/100 ($1,095.74) Dollars to Justin Greenburg for maintenance; and Two Thousand Three Hundred Thirty ($2,330.00) Dollars in bathroom and laundry room repairs. Copies of said invoices are collectively attached hereto and incorporated by reference as Exhibit "H". 14. Prior to vacating the Marital Residence, Husband ripped out the landscaping in the front of the Marital Residence and never replaced same. As a result, when Wife took possession of the Marital Residence, she undertook to replace the landscaping. Copies of the invoices from Home Depot in the amount of Two Thousand Sixty-Eight and 56/100 ($2,068.56) Dollars; invoice from Lowe's in the amount of Two Hundred Forty-Four and 53/100 ($244.53) Dollars; and documentation of One Hundred Fifty-Nine ($159.00) Dollars to Country Market Nursery from the replacement of the landscaping are attached hereto and incorporated herein as Exhibit "I". 15. According to Paragraph 2 of the Addendum, regarding payment of alimony from Husband to Wife: In satisfaction of Paragraph 17 of the parties' Addendum, Husband shall pay Wife alimony for the total duration of forty-eight (48) months from November 15, 2005 in accordance with the following schedule: A. November 2005- October 2006, the monthly sum of $2,200.00 B. November 2006- October 2007, the monthly sum of $2,000.00 C. November 2007- October 2008, the monthly sum of $1,800.00; and D. November 2008- October 2009, the monthly sum of $1,500.00. 16. Husband is responsible for paying Wife Four Hundred ($400.00) Dollars per month in unreimbursed medical expenses with a rollover not exceeding Four Thousand Eight Hundred ($4,800.00) Dollars per year. Paragraph 4 of the Addendum states: As to Wife, Husband shall be solely responsible for any and all unreimbursed medical expenses that Wife incurs during such period of time that Husband continues to have an alimony obligation as set forth herein and in their Agreement and beginning November 1, 2005. Notwithstanding the foregoing, Husband's obligation shall be limited to reimbursing Wife for said expenditures, in an amount not to exceed Four Thousand Eight Hundred Dollars ($4800.00) per year, and Wife is required to provide original documentation of said expenditures as a prerequisite to Husband's obligation to reimburse her on any unreimbursed medical expenses. Husband's and Wife's intent is to limit Husband's obligation to approximately Four Hundred Dollars ($400.00) per month in unreimbursed medical expenses, any shortfalls can be carried over to other months where Wife incurs in excess of Four Hundred Dollars ($400.00) per month in unreimbursed medical expenses. Husband's total obligation for any calendar year shall not exceed Four Thousand Eight Hundred Dollars ($4800.00) in reimbursements. 17. Accordingly from November 2005 through November 2007, Husband should have paid Wife Fifty Thousand Four Hundred ($50,400.00) Dollars in alimony and Nine Thousand Six Hundred ($9,600.00) Dollars in unreimbursed medical expenses. 18. Based upon the documentation provided by Husband, Husband has paid to Wife Fifty One Thousand Seven Hundred Ninety-Two ($51,792.00) Dollars, thus leaving a balance of Eight Thousand Two Hundred and Eight ($8,208.00) Dollars owed to Wife from Husband. A copy of an excel spreadsheet indicating alimony due and paid and unreimbursed medical expenses paid and amount owed is attached hereto and incorporated by reference as Exhibit "J". 19. From December 2007 to present, Husband's alimony and medical expenses have been monitored and enforced through Domestic Relations. The parties' entered into an agreement in regard to alimony and wage attachment of the monies. However from November 2007 to April 2008, Husband paid Wife the amount of Nineteen Thousand Eight Hundred ($19,800.00) Dollars in alimony. According to the parties' PSA, Husband was only obligated to pay Ten Thousand Eight Hundred ($10,800.00) Dollars in that period of time. Through Domestic Relations, Husband was credited Seven Hundred and Fifteen ($715.00) Dollars. Therefore, due to overpayment in Husband's support obligation from November 2007 to May 1, 2008, a credit of Eight Thousand Eighty-Five ($8085.00) Dollars is credited back to Husband. The April 28, 2008 Order and Stipulation through Domestic Relations is attached hereto and incorporated herein as Exhibit "K". 20. Adding all items owed to Wife pursuant to the PSA and Addendum and subtracting the support obligation credit, Husband should pay to Wife Twenty-Seven Thousand Seven Hundred Sixty-Three and 19/100 ($27,763.19) Dollars. An itemized calculation is attached hereto and incorporated herein as Exhibit "U. 21. On October 31, 2008, the parties' entered into a Stipulation and Agreement which an Order was signed by this honorable court on November 5, 2008, regarding Support and unreimbursed medical expenses. Husband was to assume responsibility for Wife's outstanding hospital bill in the amount of Four Thousand Nine Hundred Sixty-Three and 36/100 ($4,963.36) Dollars for his unreimbursed medical expense obligation for the 2008 calendar year. To date, Husband has not made a payment toward this outstanding bill which obligation remains in Wife's name. A copy of the November 5, 2008 Order and Stipulation as well as a copy of the outstanding medical bill is attached hereto and incorporated herein as Exhibit "M" 22. According to Paragraph 16 of the PSA, Husband obligated himself to pay college expenses for the parties' child, Kate: Husband hereby agrees to pay the balance of reasonable full-time college expenses, to include tuition, room and board. Husband recognizes that he would not be compelled to contribute to the child's education, but he hereby obligates himself to do so. Husband has required Kate to take out student loans. 23. As illustrated above, Husband has failed to follow through on multiple obligations to Wife under both the PSA and Addendum. 24. The provisions of Paragraph 8 of the Addendum provide as follows: If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs and expenses actually incurred in the enforcement of the rights of the non-breaching party, including actual attorney's fees. The waiver by one party of any breach of this Addendum by the other will not be deemed a waiver of any other breach of any provision of this Addendum. 25. Pursuant to Paragraph 8 of the Addendum and to a similar paragraph, Paragraph 20 of the PSA, Husband should compensate Wife for all filing fees, costs, expenses, and attorney fees paid to enforce the provisions of the PSA and Addendum. 26. Pursuant to Sections 3105(a) and 3502(e) of the divorce Code, Husband should be found in contempt of court for failure to abide by the provisions of the PSA and Addendum. 27. Wife also seeks reimbursement of attorney fees from Husband, pursuant to the authority found at 3502(e)(7), for fees incurred by Wife in enforcing the provisions of the PSA and Addendum. Wife has incurred Eighteen Thousand Two Hundred Ten ($18,210.00) Dollars in reasonable attorney's fees and costs to date. A copy of the spreadsheet outlining attorney's fees incurred by Wife regarding enforcement of the PSA and Addendum is attached hereto and incorporated herein as Exhibit "N". WHEREFORE, Wife respectfully requests this Honorable Court find Husband in contempt of court for failure to abide by the provisions set forth in the PSA, dated May of 1998, and the Addendum, dated November 17, 2005. Wife further requests this Honorable Court order Husband to immediately pay Wife the amount of Twenty-Seven Thousand Seven Hundred Sixty-Three and 191100 ($27,763.19) Dollars for the pro-rated rent, back mortgage, back sewer and taxes, delinquent bills, house repairs, Husband's responsibility for the PP&L bill and alimony and unreimbursed medical expenses, plus any amount that the Wife has had to pay in interest and penalties, in satisfaction of the provisions set forth in the PSA and Addendum. Additionally, Wife requests this Honorable Court to order Husband to immediately pay the outstanding hospital bill as set 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Defendant /Petitioner forth in the November 5, 2008 Order of Court in the amount of Four Thousand Nine Hundred Sixty-Three and 36/100 ($4,963.36) Dollars. Further, Wife requests this Honorable Court to order Husband to pay for daughter, Kate's, reasonable college expenses, to include tuition, room, and board. Finally, Wife further requests this Honorable Court to order Husband to pay to Eighteen Thousand Two Hundred Ten ($18,210.00) Dollars in costs, expenses, and reasonable attorney fees expended to enforce the provisions of the PSA and Addendum. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 2 (0 Dq By: L' day Gin Maclay, Esq ' e upreme Co I.D. #87954 VERIFICATION I, Barbara R. Millikan, Defendant/Petitioner, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date:- k o o q tzwj?? L Barbara R. Millikan, Defendan etitioner CERTIFICATE OF SERVICE AND NOW, this ?h day of r , 2009, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the Petition to Enforce Property Settlement Agreement and Attorney Fees, by mailing same by first class mail, postage prepaid, addressed as follows: Darren J. Holst, Esquire Howett Kissinger & Holst, PC 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Plainti?Respondent DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: anda M. Shull, PScenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Exhibit "A-1" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Plaintiff ) NO. ej,(??Ejzxn } BARBARA R. MILLIKAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NTICE TQ 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Ah=CA S WITH DISABILITIES CT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arraagements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Darren J. Holst, Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 2342616 Counsel for Plaintiff, Michael P. Millikan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, ) n ?? Plaintiff j NO. 0 S - "73?,, V. ) BARBARA R. MILLIKAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COMPLAINT IN 12EQRCE AND NOW, comes Plaintiff, Michael P. Millikan, by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., who hereby files the instant Complaint in Divorce and in support thereof avers as follows: Plaintiff is Michael P. Millikan, an adult individual who currently resides at 56 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Barbara R. Millikan, an adult individual who Plaintiff' believes, and therefore avers, currently resides at 1113 Charles Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant married on July 31, 1981, in Hershey, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Servicemembers, Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other, jurisdiction. 7. 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. COUNT I-DIVORCE PURSUANT TO SECTION 3301(e) or (d) OF THE DIVO CE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully request the Court enter a Decree in Divorce pursuant to section 3301 of the Divorce Code. Date: u S Respectfully submitted, Darren J. H st, Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michael P. Millikan F'ICATION I, Michael P. Millikan, hereby swear and affirm that the facts contained in the foregoing _Comn3ain in ni vnr are tale and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: .24, 2005 111114 ? ? - MICHAEL P. MILL]KAN ?, s")JO ? - ^0 Cam, j _ i' CZ Exhibit "A-2" oe' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MICHAEL P. MILLIKAN, ;- Plaintiff VERSUS BARBARA R. MILLIKAN, Defendant No. 2005-4392 CIVIL TERM DECREE IN DIVORCE AND NOW, tj oeow4i? &? MICHAEL P. MILLIKAN DECREED THAT ,.+ 2008 IT IS ORDERED AND BARBARA R. MILLIKAN AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. PROTHONOTARY Exhibit "B" 09/.=2/2005 11:47 7177963600 R MARK THOMAS ESQUIR PAGE .02/25 . t. PROPERTY SETTLEMENT AGREEMENT NOT IN CONTEMPLATION OF DIVORCE AGREEMENT MADE THIS day of , 1998, by and between BARBARA MILLIKAN, "WIFE'', and MICHAEL MILLIKAN, "HUSBAND". WHEREAS, the parties were married to each other on the day of , 19 in r WHEREAS, the parties are presently domiciled at 56 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties are the parents of Kate Millikan, born July 15, 1998; WHEREAS, neither party presently contemplates any action to dissolve the marriage and each expresses the wish that the marriage continue until the death of one of them; but, each party recognizes. the fragility of the situation and the economic and emotional realties of life; WHEREAS, the parties intend by this agreement to fix and determine the equitable distribution rights of each of them in any and all property of every nature and description and wheresoever situate which the other presently owns or may hereafter acquire during his or her lifetime, and to mutually restrict the rights that each might otherwise or hereafter acquire in the property, income or estate of the other by virtue of the marriage in order to preserve his or her own rights to ?.r 09/,12/2005 11:47 .. T 7177963600 R MARK THOMAS ESQUIR PAGE 03/25 freely dispose of his or her property or income during his or her lifetime, and the parties also desire by this agreement to fix and determine their rights and obligations with respect to alimony, alimony pendente lite, support and other economic issues in the event either party wishes at any time to bring an action to dissolve the marriage or in the event of the death of a party; and AS, both parties have discussed the terms and conditions, the implications and monetary considerations involved between themselves, and they desire to set forth their agreement --- UNWOOM in writing, without any force, coercion, intimidation or promise other than those covenants expressed herein, and they do fully and voluntarily enter into this agreement; and NOW, THEREFORE, in consideration of the mutual premises and of the mutual covenants,, promises, undertakings, agreements, waivers and releases herein contained and set forth and for other good and valuable considerations, the parties hereto do hereby covenant and agree as follows: 1. AGREEMENT NOT TO BE ABAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to effect or bar the right of WIFE or HUSBAND to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the 09/:2/2005 11:47 7177963600 R MARK THOMAS ESQUIR PAGE 04/25 party of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. Should ?e them' party=f rg`zf--r divo-rGe foll:owin_g the.._.-:ex-eou_tion?-o€'G th= s ltgreement= bat- party hpreby_-agree,., t_hat.?t}?ey_ wit-l-?coopera?e fU1Ty? n- the.ry obtaininT-,oS.,a nq zfault.v.divorce;decree _unde'Secton 3301 (c)Y.. of-° he':=Divorce Code o, h980 :as_sameid6 . By full cooperation each party is agreeing that following the filing and service of a Divorce Complaint by either party, the other party will execute the necessary Affidavits of Consent to the divorce and Waiver of Notice of Intention to Seek Entry of a Divorce Decree once ninety (90) days has passed from the service of the Complaint upon the Defendant. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree, which may be entered with respect to them. The Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the eV12/2005 11:47 7177963600 R MARK THOMAS ESQUIR PACE 05/25 parties and the subject matter of the Agreement. for the purpose of enforcement of any of the provisions thereof. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise,' the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE T,he t sf_er -o propert=y fund-r-a d/ar-documents provided for herein s ia1L takes rp al`con thee dis{ r ut Z6nF date zYh.ich sha?1T?.-,;bedefned=ashe 'thirty-fih(35°?z?day--?foliowsnc?,tk?e enty_of a final:De-creirDvorce;ow?th.respec E3theart*?e_, wi thm ? appea 1. M=therefzo .-ra_hatiing.- been take+r?`un?ess?ath6fw se sp"cif-?:ed?tihe??in?--- owevexw?-nth:e.?suppo.?'?and?lc?r:.-a=?:imony?.:.p?yme?.ts rovided:?tfo h?tsgA reement shall take a .; `-•??*5?-` .. p g - 1 ?n c m as set - far- - in thisAgr€emen 6. ADVICE OF COUNSEL WIFE has been represented by R. Mark Thomas, Esquire. HUSBAND has chosen not to retain an attorney notwithstanding the fact that the attorney for WIFE has told him that he has an absolute right to be represented by an attorney. HUSBAND has chosen instead to negotiate directly with counsel and with his 08112/2005 11:47 7177963600 R MARK THOMAS ESQUIR PACE 06/25 wife. HUSBAND hereby acknowledges that he has done so willingly and that he fully understands the facts and has been fully informed and understands that had a court decided this matter, he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his right, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement.rBioth parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and incom Each of the parties acknowledges and agrees that, after having received such information and with such knowledge this Agreement is fair, reasonable and equitable and that it is, being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 7. PERSONAL RIGHTS HUSBAND and WIFE hereby understand and agree that this Agreement is being executed for the purpose of deciding the rights of each other with respect to equitable distribution only in the event of a separation and divorce in the future. Neither party currently contemplates filing for a divorce and both parties hereby agree that they shall continue to live together following the execution of this Agreement and will both work 09/12/2005 11:47 7177963600 R MARK THOMAS ESQUIR PACE 07/25 together for the benefit of the marriage with a goal being to save the union created by this marriage. However, if the parties hereto commence a period of living separate, and apart and that period of time lasts for a consecutive thirty (30) day period, then this Agreement shall take effect and become binding upon the parties hereto. Once the parties have lived separate and apart for a period of thirty (30) consecutive days each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully a's if he or she were unmarried. ., It 3. DEBTS All joint debts with regard to these parties due and owing as of the date that this Agreement takes effect, that date being the first (1st) day following the thirty (30) consecutive day of period of living separate and apart shall be distributed between the parties on a pro rata basis. CZhe pro rata basis will be i determined by determining the total earning capacity of both parties and thereafter distributing the debts on a pro rata basis dependent upon the earning capacity of each party Ea.chz party_ wr l assu a perceritacje?? of'tn of a"railer°debt wh ch is :based; u one-- his-- or-=-herpei.cenfage©f"" the T_tata g'-earnr?_Ycapact=abot --?? ?- gatee If the parties cannot agree on the relative earning capacities of each party, then the parties will either on one expert to determine the earning capacity of both parties or each 08/.12/2005 11:47 7177963600 R MARK THOMAS ESQUIR PAGE 08/25 party may select their own expert and the parties together will select a third neutral expert for the purpose of determining the earning capacity of each party. If, after reviewing the three separate earning capacity reports the parties cannot agree on the earning capacity of each party, then an average of the three opinions expressed by the experts will be used to determine each parties' earning capacity.. In addition, specific debt obligations will be addressed in this Agreement and to the extent that the specific debt obligations differ from the pro rata formula set forth herein the specific debts mentioned will be distributed as specifically set forth in this Agreement. 9. PERSONAL PROPERTY HUSBAND and WIFE do not intend to set forth a specific list of items of personal property and to who each is to be distributed under this Agreement. Rather the parties hereby agree that they will be able to distribute all personal property not otherwise mentioned herein at the time that this Agreement takes effect. 10. MARITAL RESIDENCE HUSBAND and WIFE are the purchasers of a residence located at 56 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania, pursuant to an Installment Sales Agreement that was first executed on December 31, 1992. and which was last modified 08/12/2005 11:47 7177963600 R MARK THOMAS ESQUIR PACE 09/25 on October 22, 1997. It is agreed that WIFE shall be assigned all the benefits of the Installment Sales Contract dated December 31, 1992, as well as all modifications to that Agreement. She shall retain possession of the marital residence. HUSBAND hereby agrees that he will continue to make the mortgage payment on marital residence for a period of two (2) years from the actual date the parties commence to live separate and apart. However, that payment is not to exceed the current payment which is in the-, of $999.`39-. At. -the end:- of that (2) _ year---period-° WIFE ' may sell ? the marital residence and twoITT retain all equity in the marital residence that would have accrued as of the date of sale. 11. VEHICLES Both parties to this Agreement are currently in possession of a vehicle with WIFE being in possession of a 1995 Lexus ES-300 and the HUSBAND being in possession of a 1993 Volvo. Should this Agreement take effect under its own terms the WIFE will continue to possess the 1995 Lexus ES-300 and HUSBAND hereby agrees that he will continue to make the monthly payments on this vehicle until the loan on the vehicle is paid in full. Payments are in the approximate amount of $520.00 per month. 12. FINANCIAL ACCOUNTS The parties are the joint owners of various financial accounts. In the event that these parties should commence to r' 09112/2005 11:47 7177963600 R MARK THOMAS ESQUIR PAGE 10/25 live separate and apart each party hereby agrees that neither of them will drain any of the joint financial accounts. All decisions with regard to the use of the funds contained within those financial accounts must be joint decisions until such time as each party has had an opportunity to establish their own financial account. 13. PENSION HUSBAND currently is the owner of a pension through his employer. This pension has accumulated as of the date of execution of this Agreement for 7 years. In the event that the parties do live separate and apart as such is defined in this Agreement then the parties hereby agree that a Qualified Domestic Relations Support Order will be used to distribute the pension. The Qualified Domestic Relations Court Order will be set up using a formula in which the number of years during which HUSBAND contributed to the pension while being married and living together with WIFE will be the numerator and the total number of years in which the HUSBAND contributed to this pension being the denominator with a fifty (50%) distribution being factored in. 14. LIFE INSURANCE HUSBAND is currently the owner of a life insurance policy or policies with - IFE -named as the --primary b:ene . , czary. The policy/policies are provided through HUSBAND's current employer. HUSBAND agrees to continue with that life insurance coverage with 08J12/2005 11:47 7177963600 R MARK THOMAS ESQUIR PAGE 11/25 WIFE as the named beneficiary until such time as the parties` minor child obtains the age of twenty-one (21) years. If HUSBAND's employment should terminate and that life insurance is no longer provided by his employer, HUSBAND agrees that he will purchase a minimum amount of life insurance in the amount $240,000.00 and will continue to have WIFE as the named beneficiary until such time as the parties' minor child obtains the age of twenty-one (21) years. 15. HEALTH INSURANCE HUSBAND currently has health insurance provided by his employer and said coverage is available to the WIFE and minor child. HUSBAND hereby agrees that he will maintain the health insurance coverage for the benefit of WIFE and the minor child for a period of eighteen (18) months following the date of the issuance of the divorce decree. Thereafter, WIFE shall be required to maintain her own health insurance coverage if she so desires. If during the period of eighteen (18). months following the date of the issuance of a Divorce Decree WIFE obtains employment which includes as a benefit health insurance for her being provided by the employer then HUSBAND's duty to provide health insurance for this eighteen (18) month period will cease as of the date the WIFE's employment related health insurance takes effect. 09/12/2005 11:47 7177963600 R MARK THOMAS ESQUIR PACE 12/25 16. CUSTODY The parties are the biological parents of a minor child, namely Kate Millikan, and it is hereby agreed that WIFE shall have primary physical custody of the minor child and HUSBAND shall be awarded liberal periods of partial custody with the minor child. HUSBAND will pay child support in the amount to be determined by the applicable child support guidelines in the Commonwealth of Pennsylvania. Both parties agree to assist the minor child when it comes time for the minor child to obtain post-secondary education. Both parties will assist the minor child in the obtaining of any grants and scholarships. HUSBAND hereby agrees .to pay the balance of reasonable full-time college expenses, to include tuition, room and board. HUSBAND recognizes that he would not be compelled to contribute to the minor child's education, but he hereby obligates himself to do so. 17. ALIMONY/ALIMONY PENDENTE LITE It is understood that the WIFE is currently unemployed and will need a period of time to acquire employment suitable to maintain her standard of living. With that in mind, HUSBAND hereby agrees that he will pay alimony to WIFE in an amount that will be determined by using _thee s,Quaal-support .gLxdeli:nes==under . the laws of 16-he-Comm an P 1th-of-Penh yr a ry- is This alimony and/or alimony pendente lite will become payable to WIFE on the 09/12/2005 11:47 7177963600 R MARK THOMAS ESQUIR PAGE 13/25 first (1°t) day following thizt_y _.(.3.0) _?con.secut ve days of living- separate and apart and will continue thereafter on a monthly basis for a period of time not to exceed eighteen (18) months from the date of the entry of a divorce decree. ?E?n rl s ch _ me=s f.Q -the,-ga ment-ci-a-Ir- monv azLdlo .-A#- pe-rde-a e?=-14t"expired, under the terms of th s_+Ag?reement-HUSBAND shall.. have?7.'the-rightvto petition ; the, count for_. modifica-Eion of `t)i6s- payments only.., z?f 4. uV2EE --acquires <,employman=ffiat-_ would justif}%,_ct _red coon ?n `;the g amoufit of4 these pa;finen HUS?Awpwill °be entitedtas°aucredta-agansta_theseal_rnony and-.or-- alimony paffd payments- or equal- a-- one th"irrd (.1?3)z the` monthly= patent'`for the marital residence under tie terms of the' znstailnient± `agre.ement previously mentioned;s modified: " 18. RELEASE Subject to the provisions of-this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, " indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite and expenses which of the parties against the other ever had, now has, or may have in the 09/12/2005 11:47 7177963600 R MARK THOMAS ESQUIR PAGE 14/25 future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except as set forth below in this paragraph, all causes of action for divorce, and all causes of action for breach of any provisions of this. Agreement, including proceedings to enforce this Agreement pursuant to the provisions of the Divorce Code. Each party also waives his or her right to request marital counseling, pursuant to the Divorce Code. 19. RIGHTS ON EXECUTION Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 20. LEGAL FEES If either party to this Agreement resorts to a lawsuit or other legal, action to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such legal action, whether in law, in equity or pursuant to the provisions of the Divorce Code, as the same shall be determined by the Court. 21. ADDITIONAL INSTRUMENTS Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. .0-9/'121/2005 11:47 7177963600 R MARK THOMAS ESQUIR PAGE 15/25 22. ENTIRE AGREEMENT This Agreement contains the entire' understanding of the parties, except for representations which are contained in a separate document entitled "Representations Made to Wife" which has been signed and notarized by WIFE. Otherwise, this Agreement contains the entire understanding of the parties and there are no other representation, warranties, covenants or undertakings other than those expressly set forth herein. HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on` the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction. HUSBAND and WIFE each voluntarily and intelligently waive and relinquish any-right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 08/'12/2005 11:47 7177963600 R MARK THOMAS ESQUIR PAGE 16/25 23. MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. `Te faslu -e bf° either pofi "str?`?c pforri°a f :the pzqul_sior;of:: the A r6einent.<ashall not } e const±iied:'as a `waiver- of any- subsequent. ; d#fault' of thA same or similar `nature. 24. VOLUNTARY EXECUTION Each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence, -The parties, acknQwje?dq tha the have_beenfurrished with a1Ynformatronrelatng to-_th?e f nacial_ affairs of the-.other--whs chhasee requested bye=each= of vp- 25. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. CONTROLLING LAW Tiffs Agreement 5ha11 be.construedsi?ccrcianceiat``the haws oheCommonwealt _o€e,:Penn_sy_lvania j 09/^ 2/29@5 11:47 7177963000 R MARK THOMAS ESQUIR PAGE 17/25 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 1998. This Agreement is executed in duplicate, and in counterparts, and HUSBAND and WIFE, as parties hereto, acknowledge the receipt of a duly executed copy hereof. WITNESS: (SEAL) MICHAEL MILLIKAN - HUSBAND (SEAL) BARBARA MILLIKAN WIFE Exhibit "C" ? i ADDENDUM TO PROPERTY SETTLEMENT AGREEMENT OF MAY, 1998 THIS ADDENDUM to the parties' May, 199 Xoyem roperty Settlement Agreement, is entered into. and becomes effective this t*y of 2005, by and between MICHAEL P. MILLIKAN, of Cumberland County, Pennsylvania, and BARBARA R. MILLIKAN, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Michael P. Millikan (hereinafter referred to as "Husband") and Barbara R. Millikan (hereinafter referred to as "Wife'), married July 31, 1981, entered into a Property Settlement Agreement in May of 1998 (hereinafter referred to. as "Agreement") at a time when the parties were not contemplating separation or divorce; WHEREAS, said Agreement fully and finally resolves the parties' respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, irrespective of the parties' continued cohabitation and marriage; WHEREAS, the parties are the biological parents of one minor child, Kate W. Millika.n, born July 15, 1988; .1 Tine`" WHEREAS, on August 8, 2005 Wife had vacated the marital residence, 56 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence') thereby prompting a physical separation, and on August 25, 2005, Husband initiated a no-fault divorce action in the Court of Common Pleas of Cumberland County, at action number 05-4392 Civil Term; WHEREAS, Wife recently resumed residing in the Marital Residence; WHEREAS, the parties hereto are desirous of entering into this Addendum to modify certain portions of their Agreement and ratify the remaining provisions of the Agreement in light of their anticipated physical separation and divorce; NOW, THEREFORE, in consideration of these premises and the mutual promises, covenants and undertakings hereinafter set forth, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: Paragraph 10 of the parties' Agreement, relating to the Marital Residence, is modified to the extent that Husband and the parties' minor child, Kate, shall be permitted to reside exclusively within the Marital Residence from the date of this Addendum until August 31, 2007 or the date Wife's then current apartment lease expires without renewal, whichever date last occurs. For example, if Wife has a lease agreement that is a month to month periodic tenancy, the lease will expire after Wife provides appropriate notice of termination at or around August 31, 2007. During this approximate two year period, Husband shall have exclusive use and possession of the Marital Residence, ane shall bsolely responsible for all costs, expenses and 2 liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums and utilities, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses. Husband shall also be solely responsible for all ordinary and routine maintenance and repairs on the Marital Residence. "Ordinary and routine" shall be defined as maintenance and repairs required to correct general wear and tear on the property and which cost less than Five Hundred Dollars ($500.00). To the extent Husband has to make any repairs on the Marital Residence, the cost of which exceeds Five Hundred Dollars ($500.00) per incident, the amounts above and beyond Five Hundred Dollars ($500.00) shall be reimbursed to Husband at the time Wife sells the Marital Residence. Any maintenance and repairs, for which the estimated cost exceeds Five Hundred Dollars ($500.00), shall be discussed and agreed upon between Husband and Wife prior to undertaking said maintenance or repairs. Notwithstanding the foregoing, Husband and Wife acknowledge that the upstairs hallway bathroom is presently unfinished. Husband agrees to take the steps to finish the hallway bathroom during his period of exclusive use and possession, and he agrees to be fully responsible for the costs thereof even if said costs exceed Five Hundred Dollars ($500.00). Wife shall vacate the Marital Residence no later than November 20, 2005. Pursuant to the parties' Agreement, Wife shall retain ownership of the residence and retain all rights to the Installment Sales Agreement executed on December 31, 1992, and, after August 31, 2007, or after the expiration of her then current lease, Wife may resume residence therein and retain any and all equity accrued during the period of Husband's period of exclusive use and 3 possession. Upon Wife's return of the residence, she may dispose of the Marital Residence pursuant to the Agreement. Once Wife resumes possession of the Marital Residence, Husband shall have no further obligation to contribute to the mortgage on the Marital Residence, and Wife shall be solely responsible for all costs, expenses or liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance, repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses. It is understood that Wife will not become responsible for the costs and expenses on the Marital Residence until her then current lease expires and Husband vacates the Marital Residence. The parties acknowledge and agree that Wife may list the Marital Residence for sale prior to August 31, 2007 so long as no settlement on the residence occurs until on or after September 1, 2007. 2. In satisfaction of paragraph 17 of the parties' Agreement, Husband shall pay Wife alimony for the total duration of forty-eight (48) months from November 15, 2005 in accordance with the following schedule: A. November 2005-October 2006, the monthly sum of $2,200.00; B. November 2006-October 2007, the monthly sum of $2,000.00; C. November 2007-October 2008, the monthly sum of $1,800.00; and D. November 2008-October 2009, the monthly sum of $1,500.00. 4 For November 2005, Husband shall be responsible for paying rent for one-half of November (i.e., Six Hundred Dollars ($600.00)), and he shall provide Five Hundred Dollars ($500.00) to Wife on or before November 21, 2005. Husband and Wife acknowledge that, prior to the effective date of this Agreement, Husband provided Wife Five Hundred Dollars ($500.00) cash for the first half of November. During the period that Husband has exclusive use and possession of the Marital Residence in accordance with paragraph 1 above, the parties agree that Wife's alimony obligation shall be comprised o irect payments by Husband to Wife's landlord for any apartment she maintains during the period of Husband's exclusive possession of the Marital Residence, d if the direct rental payments to Wife's landlord is less than Husband's total alimony obligation as set forth above, the difference shall be made up by direct payments to Wife, which payments shall be made on or before the first of each month. Husband shall have no obligation to make rental payments that exceed the monthly alimony sums set forth above for the appropriate time period. All rental payments shall be made in accordance with Wife's lease agreement, and Wife shall provide Husband copies of any lease agreements she enters into during Husband's period of exclusive use and possession of the Marital Residence. Husband shall be responsible for timely payments of all lease payments, and Husband shall be solely responsible for all costs and expenses incurred as a result of late lease payments. After Husband relinquishes possession of the Marital Residence, his alimony obligation shall be comprised solely of direct payments to Wife in accordance with the above schedule, to be paid in monthly installments on or before the first of each month. Additionally, the parties agree that, for so long as Wife remains in the apartment for which Husband and Wife recently signed a lease agreement, Husband will pay an additional Fifty Dollars ($50.00) per month to the landlord in order to have 5 the apartment furnished with appropriate appliances. Husband and Wife agree that this additional Fifty Dollars ($50.00) per month is above and beyond the alimony payments called for above, but both parties acknowledge and agree that said additional payments constitute alimony for tax purposes. Husband's alimony obligation shall be non-modifiable in duration or amount, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Notwithstanding the foregoing, the parties agree that the amount of Husband's alimony may be subject to downward modification if, and only if, Husband loses his present employment or job assignment through no fault or misconduct of his own and, as a result, suffers a decrease in income. -If that occurs, Husband's alimony obligation shall be established by agreement of the parties or, if the parties cannot agree, by a court of competent jurisdiction. Husband further agrees not to seek child support from Wife during the period of time that the child resides primarily with him. All payments that Husband makes to Wife or on her behalf shall be considered alimony for tax purposes such that Husband shall be entitled to deduct said payments from his individual tax return and Wife shall be required to report said items as income on her individual tax return. Husband and Wife agree that neither party shall file a tax return that conflicts with, or is contrary to, the parties' agreement as to alimony. 6 Husband and Wife agree that, if Husband becomes more than ten (10) days in arrears on his alimony payments, Wife may, at her election, seek to have Husband's alimony obligation enforced through the local Domestic Relatio s Office by way of wage attachment. If Wife proceeds. in seeking a wage attachment through the local Domestic Relations Office, Husband agrees to be solely,responsible for any and all costs and expenses incurred by Wife, including reasonable attorneys fees, in enforcing her alimony obligation through the local Domestic Relations Office. 3. Paragraph 16 of the parties'. Agreement is modified to provide that the parties shall share legal custody of their minor child, Kate W. Millikan, with the child residing primarily with Husband and Wife receiving periods of custody as may be agreed upon by the parties. It is understood that the child shall reside with Husband in the Marital Residence until at least August 31, 2007. 4. CThe parties agree that Husband shall be solely responsible for any and all unreimbursed medical expenses relating to the minor child for so long as he is able to provide health insurance on her, BAs to Wife, Husband shall be solely responsible for any and all unrreimbursed medical expenses that Wife incurs during such period of time that Husband continues to have an alimony obligation as set forth herein and in their Agreement and beginning November 1, 2005. Notwithstanding the foregoing, Husband's obligation shall be limited to reimbursing Wife for said expenditures, in an amount not to exceed Four Thousand Eight Hundred Dollars ($4,800.00) per year, and Wife is required to provide original documentation of said expenditures as a prerequisite to Husband's obligation to reimburse her on any unreimbursed 7 medical expenses. Husband's and Wife's intent is to limit Husband's obligation to approximately Four Hundred Dollars ($400.00) per month in reimbursements starting November 1, 2005. The parties expressly agree to a "carryover" concept such that, in any months that Wife incurs less than Four Hundred Dollars ($400.00) per month in unreimbursed medical expenses, any shortfalls can be carried over to other months where Wife incurs in excess of Four Hundred Dollars ($400.00) per month in unreimbursed medical expenses. Husband's total obligation for any calendar year shall not exceed Four Thousand Eight Hundred Dollars ($4,800.00) in reimbursements. Wife shall send to Husband each month, via certified mail or by regular, original documentation evidencing the expenses she incurred for which she seeks reimbursement. Husband shall provide reimbursements to Wife withi seven (7) business days of receipt of the letter unless an objection is made to the expenses in writing by Husband's counsel to Wife's counsel within seven (7) business days of Husband's receipt of the mail. If the parties cannot resolve any disagreements as to reimbursements amicably, the parties agree that the matter shall be submitted to the court for adjudication. 5. Paragraph 8 of the parties' Agreement is modified to provide that Husband shall be solely responsible for all joint debts ue and owing as of the date of execution of this Agreement including the debt owed to Wife's parent Wife shall be solely responsible for all debts arising out of her over drafting the parties' bank account as well as any and all debts she incurs on or after the date of this Agreement. Husband agrees to indemnify and hold Wife harmless from any and all liability, cost or expense, including actual attorneys fees, incurred as a result of the obligations he is assuming under this paragraph. Likewise, Wife agrees to indemnify and hold Husband harmless from any and all liability, cost or expense, including actual attorneys' fees incurred as a result of the obligations Wife is assuming under this paragraph- 8 6. Paragraph 4 of the parties' agreement is modified to the extent that Husband shall name Wife as a 50% beneficiary of the life insurance policy provided through Husband's current employer with a life insurance trust for the benefit of the minor child, Kate, named as beneficiary to the remaining 50%'interest. Said beneficiary designations shall be irrevocable until the child turns 21. Husband shall cause to be prepared an appropriate life insurance trust for the benefit of Kate, the terms of which shall be consistent with the terms of paragraph 14 of the parties' Agreement. Once Kate turns 21, Husband shall have no further obligation to name Wife or child beneficiary on any life insurance. 7. Husband and Wife agree that the execution of Affidavits of Consent to Divorce shall not be executed and filed any earlier than June 1, 2006, but Husband and Wife shall each execute appropriate affidavits of consent and waivers of notice before June 30, 2006. Wife's execution of her Affidavit of Consent and Waive of Notice prior to June 30, 2006 shall be a condition precedent to Husband's obligation to continued alimony payments after June 30, 2006. Husband acknowledges that his current employer, Xerox, permits a divorced spouse to continue to be insured as a "spouse" until the end of the calendar year in which a divorce decree is obtained. Accordingly, paragraph 15 of the parties' Agreement is modified to the extent that Husband shall maintain COBRA health insurance coverage for the benefit of Wife for as long as such benefits are available to Wife unless more comprehensive health insurance becomes available to Wife through any employment at a lesser cost. 9 8. No modification, recission or amendment of this Addendum shall be effective unless in writing signed by each of the parties hereto. If either party hereto breaches any provision hereof, the other parry shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs and expenses actually incurred in the enforcement of the rights of the non-breaching party, including actual attorneys' fees. The waiver by one party of any breach of this Addendum by the other will not be deemed a waiver of any other breach of any provision of this Addendum. 9. All terms and conditions of the parties' May 1998 Property Settlement Agreement not affected herein shall remain in full force and effect. 10. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J. Holst, Esquire for Husband and Kristopher T. Smull, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations under both the Agreement and the Addendum, and each of the parties hereto further covenants and agrees for himself and herself, and his or her heirs, executors, administrators and assigns, that he or she will never at anytime hereafter sue the other party or his or her heirs, executors, administrators, or assigns in any action of contention, direct or indirect, and allege therein that there was any fraud, duress, undue influence in executing this Addendum or that there was a failure to have available full, proper and independent legal representation. 10 IN WITNESS 'WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. IS&Sq - A MICHAEL P. MILLHCAN BARBARA R. MILLIKAN 11 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) ) BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL P. MILLH'AN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /k day of 2005. otary lic ' and or k- Commonwealth of Pennsylvania Typed or- printed name of Notary: My commission expires:_______ ? PEx NUURIAi. SEAL C" OF HARRISBURG. OAUPBMI I;OUW W COMANSION EXPIRES MAY 11, 2(MDa 12 Exhibit "D" CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD Corner of ?rindle and Clouser Roads MECHANICSBURG, PA 17055 GEORGB M.HOUCK (1912-1991) October 3, 2008 Lindsay Gingrich Maclay, Esq. Daley, Zucker, Wilton, Diner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Via pax: (717) 657-4996 TELEP14ONE (717) 766-0209 FAX (717) 795-7473 RE: Milliken - Estate of Joseph L. Hursh, Jr. Dear Ms. Maclay: As per my conversation of October 2, 2008 with your client, Barbara Milliken, I am providing the following details as to outstanding expenses still due and owing to the Estate of Joseph L. Hursh, Jr., deceased: A) 12 days rent November 1 to November 12. Base rent was $1,250.00 per month. On a 30 days basis this equals $41.67 per day. Twelve days at $41.67 equals $500.04. B) By terms of lease and agreement, tenant was responsible for "/2 of the following repairs, etc.: 1) 10/30/07 - Speedy Rooter - 3 commodes - $211.00 2) 6/8/08 - Giant - bulbs - $19.90 3) 8/3/08 - Harris TV - dishwasher - $156.00 4) 8/24/08 - Berkheimer - heat pump - $61.97 If you need anything further, please advise. Thank you for your kind help in this matter. Very truly yours, 0'4?jjp l Charles E. Shields, III Attorney-At-Law CES/mjj Exhibit "E" - P FRt AUL?[H? :FAH`:: r fi7 ,_. .. . -=FR?.;?11?633:?-:.: ._ .. ?1.4?7??l1.?`i?.•-I?1.11??? ? '; .. ,..? ? ..: crsat _ .: :.... 7..::. 1? ?r PXYTIOF Q Tl tjc,(_Vovla I+cs ?s S ?awj.. c? by "? tit s71 - 001 e c'l CG G V YY r''r Exhibit "F" 4 f ros h bi 4t DATE DESCRIP-riCIN BALANCE 4??ur, i 5, s is r eel, VA !iiVnited.Water Pennsylvania . 8I9?9 AdatttsDrtve - m mefm= PA #7`0360 u? W Tee• 717 564 3662...... er w++!atrtitedvater COih :=:'<.. 5`/Caz USAGE HISTORY Monthly usage in thousand gallons r9 CO U ra 0 Billing Date: 11/12/07 Account Number: 00200998836966 Previous Balance $158.57 Payments Through 11/12/07 $0.00 Balance Forward $158.57 Current Charges Due 12/02/2007 $4.87 Several Western Union Locations are now available for United Water Pennsylvania Customers who prefer to pay their bill in-person. Interested customers may call us at 717-564-3662 or toll free at 888-299-8972 for further information. If you would like to pay your bill online, please visit our website at www.unitedwater.com and click on the Western Union's Speedpay icon. Approximate state tax included on this bill $0.23. OOOORE 1-1 PLEASE DETACH HERE AND RETURN THE BOTTOM PORTION WITH YOUR PAYMENT IN THE RETURN ENVELOPE PROVIDED. %sJ United Water s?ez 8189 Adams Drive Hummelstown, PA 17036 SERVICE ADDRESS: 56 HELLAM DR MECHANICSBURG PA Please check this box if you have made any changes to the information on the reverse side. ****AUTO**5-DIGIT 17055 318 T2:2 MICHAEL MILLIKAN 56 HELLAM DR MECHANICSBURG PA 17055-6160 130 OCT071109=7 130! OCT07I Gii 07 Account Number: 00200998836966 Balance Forward $158.57 Current Charges Due 12/02/2007 $4.87 ' •`{4•k• >`. FRI 4 zjti}:,}:?s:..; v.. i{:;i:'::tii:;:{{::.;::.;;: ;n• {...ii:. Payment Amount Enclosed $ Illil'u'llllllihlllly"r'llr?ll"Illhlhlfi'I II'1141n'd'I UNITED WATER PENNSYLVANIA PAYMENT CENTER PO BOX 371804 PITTSBURGH PA 15250-7804 nnpnn99AA'41.gLL nnnnnnl.L?uunnnnnnnnr_ Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Next meter reading date: on or about 11/22/2007 ' ot2 CN ® ? Ip?? • ' =?If) m {dig '? IQ?? ?' I??m i LO .. 1<r<r a } . Ham" Il ! H.?y " ..W IOOCW y CL 0 Z> F-LLId O Ch U (S) L j i ?2 l? L m OI-p[ I F- C7 I D ?i£ V 1 ?9 ? J IW2T `` -- 1 - 0 VV 0P T I Y CO x ?? J i¢o= W = T tSXW T Q :Xv=CQmc<2 F m x ?? i York Waste Disposal, Inc. PO Box 1401 York, PA 17405-1401 Change Service Requested 11/02/07 MICHAEL MILLIKAN 56 HELLAM DR MECHANICSBURG PA 17055-6160 Dear Customer: REPUBLIC V0V SERVICES, INC. York Waste Disposal, Inc. A Republic Waste Company York Waste Disposal, Inc. PO Box 1401 York, PA 17405-1401 Account # 12-28719-5 Balance Due $174 After a review of your account, your balance is showing a past-due amount in the 30 day plus column that we want to bring to your attention. As a reminder, your terms are due upon receipt of your invoice. If you have already sent your payment, thank you and please disregard this notice. If payment has not been mailed, please forward full payment immediately using the enclosed remittance and envelope. Please be advised, payment in full is required by (15 days from letter date) to avoid a potential interruption in service. If serviced out of Lancaster, call 1800-353-5262. If serviced out of York call 1800-210-9675. Sincerely, Republic Waste Services Credit Department **** WE NOW ACCEPT **** MASTERCARD & VISA **** FOR PAYMENT **** ,0-.007413-7009 0038„ kuwo38119599RW01 ------------------------------------- =---------------------------------------------------------------------3-8INS ---- RETURN THIS PORTION WITH PAYMENT ? I have enclosed full payment for the balance due. Check No._ Make checks payable to Republic Waste Services ? Please charge the outstanding balance to my credit card account ? VISA ? MASTERCARD Account Number Expiration Date Date: Signed: York Waste Disposal, Inc. PO Box 1401 York, PA 17405-1401 lilt Hill 1111111 111 If IIIII [fill IMPORTANT: To insure proper credit to your account tear off at perforation and return this portion with your payment in the enclosed envelope. Account # 12-28719-5 Balance Due $174 Current $ 0 Over 30 $43.5 Over 60 $ 0 Over 90 $130.5 Over 120 $0.00 MICHAEL MILLIKAN 56 HELLAM DR MECHANICSBURG PA 17055-6160 Exhibit "G" 01/21/2009 16:04 570-286-8536 STR/CCA PAGE 02 CENTRAL ® CREDIT AUDIT INC. The Woodring Station • 100 )`Tomb Third St. • PO Box 735 • Sunbury, PA 17801 e , DATE. 1 TO: DB# ACCOUNT # AND PATIENT CREDITOR ORIGINAL AMOUNT PAYMENTS BALANCE CDR # %7o o(v >aooo ?M.s B. ui 1e;p- wcFa ,-a"Wye s(o5 51, W1117 _7073.5 3. ooaooo -?roro? 703 ya6 5 ;zooog 90207 ?.s Rai- up1-4x 44LFAJ 7aw?5Ni yq..23 f4w ovoaao Total 170'2- Y?7 Questions or concerns may be directed to 1-888-85.0-5737 Sincerely, Central Credit Audit, Inc. CCA Itemized Accotmt Breakdown Rev 1/07 CB i 10452506122008 CUMBERLAND COUNTY TAX CLAIM BUREAU CLM656 ONE COURTHOUSE SQUARE 6/12/2008 CARLISLE PA 17013 TAX CLAIM INQUIRY ******** DIST/CTL 42 1731 ******** MILLIKAN, MICHAEL P & BARBARA MILLIKAN SITUS-56 HELLAM DRIVE 56 HELLAM DRIVE MECHANICSBURG PA 17055 PROPERTY-KIMBERLY MEADOWS DESC -LOT 11-E PB 16 PG 3 -Residential Building 42-UPPER ALLEN TOWNSHIP 21650-MECHANICSBURG AREA S.D. BOOK/PAGE 00269 03556 LAND USE R STATUS C ACREAGE .330 VALUE 162,390 VALUE C&G J ] g PAGE - 1 PHONE 717 240-6366 UR FAX 717 240-7835 R E M A R K S CERT MAIL-R/C 38340 CERT MAIL-SALE 58904 MAP NO 42-27-1886-091 10,300 RECEIPT BALANCE DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE 01/12/07 200 CTY-UPPER ALLEN TWP 356.77 35.68 45.56 438.01 01/12/07 250 CLB-UPPER ALLEN TWP 29.23 2.92 3.74 35.89 01/12/07 300 MUN-UPPER ALLEN TWP 202.99 20.30 25.84 249.13 01/12/07 400 SCH-MECHANICSBURG 2083.46 208.35 265.71 2557.52 2006 TAX TOTAL 3280.55 01/12/07 201 FILING FEE 15.00 02/02/07 202 POSTAGE RET & CLAIM 5.25 04/04/07 204 POSTING RETURN/CLAIM 20.00 10/09/07 205 POSTAGE FEE REMINDER .41 06/12/08 219 INQUIRY/BILL FEE 1.50 INT ADDED EACH MO 2'68' .22 1.52 15.63 2006 FEE TOTAL 42.16 2006 YEAR TOTALS & BALANCE 3322.71 .00 3322.71 20.05 ESTIMATED BALANCE DUE NEXT MONTH 3342.76 - - - - - - 01/14/08 - - 200 - - - - - - - - - - - CTY-UPPER ALLEN TWP • - - - - - - 371.06 - - - - - - - - - - - - 37.11 13.90 - - - - - - - 422.07 - - - - - - - - - - - - - - - - 2.78 01/14/08 250 CLB-UPPER ALLEN TWP 29.23 2.92 1.10 33.25 .22 01/14/08 300 MUN-UPPER ALLEN TWP' 202.99 20.30 7.60 230.89 1.52 01/14/08 400 SCH-MECHANICSBURG 2153.29 215.33 80.75 2449.37 16.15 - 2007 TAX TOTAL 3135.58 01/14/08 201 FILING FEE 15.00 02/19/08 202 POSTAGE RET & CLAIM 5.25 05/01/08 205 POSTAGE FEE REMINDER .45 2007 FEE TOTAL 20.70 2007 YEAR TOTALS & BALANCE 3156.28 .00 3156.28 20 7 - - - - - - - - - - - - - - - ESTIMATED BALANCE DUE NEXT MONTH 3176.95 '- - - - - - - - - - - - - - - - - - - - - - - CLAIM TOTALS - - - - - - - 6478.99 - - - - - - - - - - - - .00 6478.99 - - - 40.72 ESTIMATED TOTAL DUE NEXT MONTH 6519.71 MISC RECEIPTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 01/21/2009 10:26 10201701212009 CLM656 1/21/2009 er*+Mt.w DIST/CTL 42 MILLIKAN, MICHAEL P & BARBARA MILLIKAN 56 HELLAM DRIVE MSCHAVICS13URG PA 17055 7172407835 CUMB CNTY TAX CLAIM CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-7835 TAX CLAIM INQUIRY 1731 SITVS-56 HELLAM DRIVE PROPERTY-KIMBERLY MEADOWS DESC -LOT 11-E PB 16 PG 3 -ROaidential Building 42-UPPER ALLEN TOWNSHIP 21650-MECWWICSBURG AREA S.D. NOOK/PAGE 00269 03556 LAND USE R STATUS C ACREAGE .330 VALUE 162,390 VALUE C&G RECEIPT DATE CODE DESCRIPTION N0 TAX 01/14/08 200 CTY-UPPER ALLEN TWP 371.06 01/14/DS 250 CLD-UPPER ALLEN TWP 29.23 01/14/06 300 MUN-UPPER ALLEN TWP 202.99 01/14/06 400 SCH-MECHANICSBURG 2153.29 01/14/08 201 FILING FEE 42/19/08 202 POSTAGE RET & CLAIM 05/01/08 205 POSTAGE FEE REMINDER 10116106 205 POSTAGE F$$ REMINDER 01/21/09 219 INQUIRY/BILL FE13 R E M A R K S PAGE 01/01 CERT MAIL-A/C 38340 CERT MAIL-SALE MAP NO 42-27-1886-091 10,300 PENALTY INTEREST CHARGES 37.111 33.36 441.53 2.92 2.64 34.79 20.30 18.24 241-53 215.33 193.80 2562.42 2007 TAX TOTAL ,-3290.27 15.00 5.2S .45 1.00 1.50 BALANCE PAYMENTS DUE PAGE 1 •41 INT ADDED EACH MO 2.78 .22 1.52 16.15 2007 FEE TOTAL 23.20 ?- 2007 ,YEAR TOTALS & BALANCE 3303.47 .00 ( 3303.47 20 67 BSTIl4A?PED BALANCE nU8 NEXT MONTH . - - - - - - - - - - - - - - - - - - 3324.14 01/14/09 200 CTY-UPPER ALLEN TWF 371.06 37 11 - - - - - - - - - - - - - - - - - - - - 01/14/09 250 CLS-UPPER ALLEN TWP 29 23 406.17 2.78 01/14/09 300 MUST-UPPER ALLEN TWF . 2.92 202.99 20 30 32.15 .22 01/14/09 400 SCH-MECHANICSBUKG . 2101.73 310-17 223.29 2311 90 1'.52 . 15.76 2008 TAX TOTAL 2975.51 01/14/09 201 FILING FEE! 15.00 2008 FER TOTAL - 15.00 2008 REAR TOTALS & BALANCE ESTIMATED BALANCE DUS NEXT MONTH 2990.51 .00 2990.51 " 20.28 - - - - - - - - - - - - - - - - - - - - - - - - 3410:79 CLAIM TOTALS ESTIMATED TOTAL DUE NEXT MONTH 6293.98 - .00 6293.98 40;95 - - - MISC RECEIPTS - - - - - - - _ - - - - - - - - - - - - - - - - -6334.93- - - - - - - 11 J ?J 1? ?? / ? 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'"{ r-1 r-1 ^I p1 N ri 1 O O I O O 90/170 3E)Vd 69L6-38OiS-Sdfl 3Hl ZOZ696LLSLT_ 0Z:17T 600Z/6Z/T0 Exhibit "H" .!^WN W A.T4ELTY PALE R-M rs j fl;o t: 9223 PURCHASER SKIN HERE r QWh* of aololoM.' malpt of oooe. MUG ..rdm In Uw amount of m. lbw Narn Meson .nd .m... b ft aum. CLASS DESCRIP ON PRICE Now ('- CA DATE ?TMna+ 11? t It 7 si ?' I c? . SUB TOTAL I REFERENCE NO. REdIDEFT• TAX I FOUCICHWA NO. 8 CLERK r?C? I SALES SLIP 5v 'v IMPORTANT: RETAIN THIS COPY FOR YOUR 11111130011111311111111 oelq.uorr .dium In m. cm?olad..m..+e.oe .rle6 tlr nl wwei I ` 1 _ 1W 3?-o k Ci date /Y. 1,o! i 7 N'o. I ? ' received from ? dollars ' iv for payment of r/? f?t . y'1 ? 1 / ? x L?l } t'a r T s, 142'! L'-j Q cash O money /Q credit check # order card l+J amount due' ". e6 from to amount paid ? S~Ca Q ' - balance! signatuejf / DC250fWS ----- -??--??- ----- -,- may.. I? -. DATE , RECEIVED FROM -?/ ?&e \ l \ ? Y le ? e 3 't js'2 DOLLA . RS } O FOR RENT ?. U OFOR l O Q CASH . } ACC UNT } Q MONEY ORDER FRO Kpwia \ )m 131 0 0C } PAYMENT I + BAL 'DUE ' CHECK } . Q CREDIT BY CARD r E=?- -- F a W V W ?? 4`a No. %D o UNT Q ENT 9"- PA?p•_S `GLs\ ?._ t+J C2 RePA%R I '025301 DOLLARS CASH AWJ4 ("j - E MONEY. FROM PARC?E LL. ORDER CHECK PROPOSAL PPQF0sAL NO.' 7:" SHEErNO. DATE I PPrIPn-QAi qi ipmiT-rr-n Tn* WORK TO BE PERFORMED AT ADDRESS pif [??E NO. 7e.(.-srz5-1 ce-41- C It C-S C'r ARCHITECT -44b n pe 4, . . .... jow JA , il'z 1 ?N' -.on .4- ell '0 wit dr and specifications Alf matMal is guairanteed t be as specified, and the above work to be performed in accordarrZ wit subh*t6d to e'abo ve work, and completed in a substantial workmanlike manner for the sum of e JA0t.,4.t4^C-j Dollars ($ 00/-); with payments to be made as follows: 0 C) 42::0 60, F6T., 0' C) oxa Respectfully submitted ?4? 14--r- MY alteration or deviation from above specifications involving extra costs will be executed only upon written order, and,Wjl I become an extra charge Per over and above the estimate. All agreements contingent upon strikes,* ac- cidents, or delays beyond our control. Note - This proposal may be withdrawn :by us if not accepted within J-L days. FF C1 -111 - 1? - : , , ;, - - , - - - I . .1 .' 7 V'Y?111 VF; I 11CLU'C7 CIO YY?411 lu U QUVV' Signa turii, Date 0" 1 Signature M" b, &P, D8118 .f- MADE IN USA PROPOSAL -T _ z d GGCf? . 7 3rd Street Ext. Enola, PA 17025 Cell (717) 379-2247 Fax (717) 732-7019 INVOICE 12 -:3 i 7270 witeresi per month over 30 davs-MinfMum ?1 Rn JOB NUMBER- P.O. NUMBER DATE OTY. ,. DESCRIPTION :a. UNIT PRICE AMOUNT ; ! .Y r l j f? I- ? ?f . 40 it 66 j - _ .? ' - V TO 0 Exhibit "I" e c THE HOME DEPOT #4113 4200 DERRY ST HARRISBURG, PA 17111 YOUR SWATARA HOME DEPOT:717-558-8105 4113 00022 33187 01/12/08 SALE 32 OAH607 10:57 AM OME P k,HE LMENT # 219004 RECALL AMOUNT 1951.47 SUBTOTAL 1951.47 SALES TAX 117.09 TOTAL $2068.56 AXXXXXXXXXXX0929 n3ME DEPOT 2068.56 A;jrH CODE 012873/9222667 TA 11 ? I h 1111 f l l I I I I I f I (N I I I I I i l l l i l l l l l l l l 411? 12 3.1 2/2 8 0490 rHE HOME DEPOT RESERVES THE RIGHT TO _.IMIT / DENY RETURNS. PLEASE SEE THE RETURN POLICY SIGN IN STORES FOR nc-TAILS. j r 7 r S V O N 0) cc L to O 000 to (0 L_ L 0 .. -C M J CL Cf) W J W D r H ? co jlj / Ll! Z >- >- a M cc: Q p < O Q O :N N co It cn OA O N O CIA 4-0 1 10 co O ?O LU ` r a t-- N I -t t37 r % n E oo f? ir co W m J2 1 J z S m z n 4 c' CL) ` c v Q 0 o 0 p 3 U c U .LJ Q C..) N 03 tm ID W M C, .-• > -O O. Q a ct w tL . N W G J O CO U- Ur UJ-O p C ? m p m O C d) z pC cc i co 't (L - S W d O 0! m 1 to C E _ ° y {fl Z Q U fA HR • • • C E T m Cm R a C O m a m 67 O) C CO H 0? 0 w N 0 .O G •Q. C H O CA CO C N fA m C m 7 i Q Ny t+E Eo ,u o ? Ic cc YJ Uci 3 W a V/ e> G. Z E E a= '^ w co cn Z O S N cn f W V n. - a W W O 1- W Q O 2 I V LU i Y O N :; Cq d OD t!t N 1n :? :Ltt : r- 3 1? +n• yr M . C ;.,.,r :Y W N t0 r- 0) All ¢• CA Lo CA N >'L CO O w w 5 .i1t ; •us O vs iA CC :v a^: N O N X X N .N- : ''?'':'.: : e- e'er , ,. `:; • X N . N N D x CY) .::iy:••. 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Q U U = J 3 m C N C O N N i 7 my N O m E o ? c p v 7 C1 U OI O L a 3 Y 3 s 3 U O N z N O m R) co d ! v O En fun L (D CO ' .- O O e- N N ? err J _ a ? c c W H Q Q Q oo V 0 V y U L t 0 u L N c"" Z O 9 ? Q O. Z 1JJ: q 0 ui :w v a s ??. u LL ILLJ u 7 7 u 9. J 1 ?< t H L -:. 7 O. O U CD 0 v I 0 0 r N t M 0 z N p N N c co a Pa I CI( LOW77Ejm LOWE'S NONE CENTERS. INC. 5500 CARLISLE PIKE NECHANICSBURB. PA 17050 (717)610-9230 -SHE- SALES 1s S2223KK1 1007035 04-16-08 52782 16" ANNUAL WINDOW BOX PLA 35.94 3 0 11.98 ' 8003 28 BARBERRY ROSE BLOW 194.74 13 0 14.98 SUBTOTAL: 230.68 TAX: 13.85 INVOICE 20587 TOTAL: 244.53 BALANCE DUE: 244.53 CHECK : 244.53 2223 TERMINAL: 20' 04/16/08 20:11:10 - OF TTFM S PLIRCHASFI7 _ As t y a rya 7? ax? C? ??? as ¢acZ? Exhibit "J" y C d E a? ? o 7 C y p E N C y y m N T U_ w N V a O a a° E w m E E E o c c °0 co m c Q C d a L m C L m L N 00 E c o m m CO co 3 L m d 0 p m :. L V co O O y V U O N m O N N N N U O M L m 'p U O co V m O O L O O y V U p :9 N O-1 t0 (O ' O 3 0 '7 U a O v, a V) to O O p. V) V) N V _ Y O O O O N O I a m a a L L lC co a a O O 10 d N p d V V m > > > a > > > > NO NO L C L L m c0 y m m m m y L > L L L p) OU O O O O D U -p a O O O Eo E E E E???? E E E m up m m m y y p-n m m m U H lC U U U O O d d U m U U N N w 0 N N A ? .0 ? C C m m y y y y y y y y y y y y y y N N m d O7 d m d d d d N N d V U U V V V V U U V V U V U C G C C C C C C C C C C C C m m m m m m m m m m m m m m p' m m m m m 0. CL a 0. m m m m m m m m m m o 0 0 0 0 0 0 0 0 0 0 0 C O o 00 o O o 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1°n 1oO 10n U) 10n 1oO 10n 9 2 °n U) u°7 Lo 0n » F» to t» Vi e» w f» to CO e» e> rA » y y y y y y y y y y y y y y J J J 7 7 7 7 7 7 7 7 7 7 J C C C C C C C C C C C C C C E E E E E E E E E E E E E E o O o 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 09 0 0 0 0 00 0 8i 1On s u8i u07 N o 0n Lo Lo N N N N N N N N N N N N N 69 fA 69 to V) V) V) VJ V) V) V! Vl Vi Vl y a m m 3: :g o u') to W 0 0 - N ?j a a N N m N ? ? J m a 3 `oD4E) 2Z' co 0 C' N J °n E N co C N m t E y H m 0 C mi u_ a 2 =4 m am yp3 m ° Ali ?¢ T io m E° w e c o c o w c w c c QQ o. o t c> c E c t E c E c c E c E c c c c c c c c c E 3 OfZlya ?a a0: W, ofQKaof of K K w w w w w O 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o 0 0 0 o 0 o o 0 O 0 0 0 06 O O C O O O O O O o o 06 o M 0 0 0 00 0 o O O p 0 0 0 0 0 0 0 0 O o S o O o 0 0 0 0 0 0 pp E O N co Ip N O M N V N N O N O N O N O N 0 N N O? N N N ? N 0 V) Q bl? V) V! Vl V) fA Vl lA Vf fR to tl9 V) fA V) V) fA V) V) Vi eH V) to Vi to V) V) V) d a 47 01 O !T In M d0 N M O (O N f` t?0p (? O ?- N O N O R V M f? tp I. L N L n O L O Of rn M M { M{pp M 117 lp (7 M n n? M 0 0 0 0 0 N N c0 t0NNNt0O OOO0 Z O m1nln m00 1n? mfr NMMpOO M??? Y O U O O V r r r (.1 O eD O O N N p p V N N N N N N N M M M V ### N N N N N N y # it # it # # it # # # # # # # # # # # # # # # it # # # t U Y ?p OO O O O O Qp? O O Op p O O o O O O p O O O S O O O O O QM, O O co co co 0 00 V N N N N N N N_ Rj N N N N Nj N N N N N N N N N N N O O O O O pp c0 W '- I. p M N M M M M a a a a ??acn?yvv.<ocColonn??rnrn?o? m 0 0 U O C C T M G G 60 C C C C N O L C O C . - y U E O E h N U T C c o° 10 C'. 0.0OaV.0, ' N a N m N 2 2 C C T L 0 n 72 o 0 . V >'' LL LL -? .? n O N CL n o j i E y N 0000d??QN A O m m 1{'1 m y y N 3 y m m j " O TJ ?1 TJ ?+1 p O y V N d m en w L-0 N O - V y O. m E m ag"C-24222 ? a m U ? o o'EyrO 0 0 0 N N N N V C C C C m m m m c Q a n 0 a a n m m m ? 0 0 0 0 0 o o 0 0 0 0 ? ke Lo In to y y y N C C C C E E E E ° ° 0 0 o o N N N fA EA fA ? C Nm C C C N OE co m ?o xx m a adw a C v v a C C 0. a V CL CL O w ink co nm w Q? 00 00000000 o Op q o O F O O O O O ° g O q o o 0 O rj 0 0-0 N O O O O DO 0 0 N 0 'o r O O O O 0 0 0 0 O N NN N O M w rgeyw??frn? tn69u,64 n t9 69 fA tR vqi fA M M WH 69 N M_ ? .e N N m m O O O M N N M N o O y t0 tL/i N N N N N N N O N# N N m N N ?p m n n m m m m m m m W O m m m O a N N U N U N N U V U U U U U N N U d U U `y (h C it it u z U 0 0 d d Q 0 0 m F- n n n oo n n pp Q Qn pp o 0 0 C11 C14 04 n n n n n n n n n n n n n n n n O O $ N O O N O O N N N Op O O Q^ o N N N N N N N N N _ N N M C M N M N N M N M N 01 m N (? M N t0 t0 fa f0 n n co Exhibit "K" In the Court of Common Pleas of 'CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 APRIL 29, 2008 Fax: (717) 240-6248 Plaintiff Name: BARBARA MILLIKAN Defendant Name: MICHAEL P. MILLIKAN Docket Number: 00672 S 2005 PACSES Case Number: 442107583 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. NOTICE OF PROCESS TO FILE EXCEPTIONS BARBARA MILLIKAN 56 HELLAM DR MECHANICSBURG PA 17055-6160 Dear BARBARA MILLIKAN Attached is a copy of the recommended order which was made at your recent hearing before the Domestic Relations Section. It will be docketed with the Court. This recommended order will be made an Order of Court within twenty (20) days unless you file exceptions to it. If you file exceptions, the recommendation will be a Interim Order of Court until the Court makes a decision in your case. If you plan to file exceptions you must do so within twenty (20) days. Your last date for filing exceptions is MAY 19 , 2008 If there are any questions, contact this office. Sincerely, R. J. SHADDAY Form OE-055 Service Type M Worker ID 21302 APR 3-©. zoos In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 APRIL 29, 2008 LINDSAY GINGRICH MACLAY, ESQ. C/O DALEY, ZUCKER, MEILTON MINER & GINGRICH 1029 SCENERY DR HARRISBURG PA 17109-5322 Distribution Cover Letter Plaintiff Name: BARBARA MILLIKAN Defendant Name: MICHAEL P. MILLIKAN PACSES Case Number: 442107583 Fax: (717) 240-6248 Please note: All correspondence must include the PACSES Case Nwnber. Dear LINDSAY GINGRICH MACLAY, ESQ. Please note the attached document and/or correspondence. This information is being sent to update you on the above captioned case. Sincerely, R. J. SHADDAY Form CM-520 Service Type M Worker ID 21302 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION BARBARA R. MILLMAN, ) Plaintiff ) DOCKET NO. 00672-S-2005 V. MICHAEL P. MILLIKAN, ) Defendant ) PACSES CASE NO. 442107583 (In Support) ORDER AND NOW, this Z? day of , 2008, it is hereby ORDERED and 4. ( DECREED as follows: 1) The alimony, unreimbursed medical expense and medical insurance paragraphs of the parties' November 17, 2005 Addendum to Property Settlement Agreement of May, 1998 (hereafter "Addendum"), specifically paragraphs two, four and seven respectively, are hereby made an Order of Court for enforcement purposes, and Husband shall pay to Wife One Thousand Eight Hundred and 00/100 Dollars ($1,800.00) per month in contractual alimony pursuant to the terms of the Addendum, which obligation shall be wage-attached and collected through the Domestic Relations Office in accordance with Husband's pay schedule. 2) This Order shall be effective May 1, 2008, and the duration and amount of Husband's ongoing alimony obligation shall be governed by the terms of their Addendum. ;? cs+ 3) Husband shall continue to provide medical, dental and visjokinsura*e coverage for Wife as per paragraph seven of the parties' Addendum. C-, o `1 ' f -0 ()FWI 4) As per paragraph four of the parties' Addendum, Husband shall reimburse Wife up to Four hundred ($400.00) Dollars per month for Wife's unreimbursed medical expenses. If, in any given month Wife does not have Four Hundred ($400.00) Dollars in unreimbursed medical expenses, a carry-over concept shall be utilized. However, Husband's annual obligation to Wife for unreimbursed medical expenses shall not to exceed Four Thousand Eight Hundred ($4,800.00) Dollars annually on a calendar year basis. Each party is required to comply fully with the provisions of paragraph four of the Addendum as it relates to reimbursement of medical expenses. 5) Any and all arrears and/or credits on this matter shall be marked at Zero ($0.00) Dollars effective May 1, 2008; however, nothing shall prohibit either party from pursuing a claim against the other for collection of any and all amounts allegedly due and owing under the parties' Property Settlement Agreement of May, 1998 or their Addendum thereto. Distribution: Darren J. Holst, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 Lindsay Gingrich Maclay, Esq., 1029 Scenery Dr., Harrisburg, PA 17109, (717) 657-4795 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION BARBARA R. MILLIKAN, ) Plaintiff ) V. ) MICHAEL P. MILLIKAN, ) Defendant ) DOCKET NO. 00672-S-2005 PACSES CASE NO.442107583 (In Support) STIPULATION AND AGREEMENT THIS AGREEMENT is made this C4 uday of April, 2008, BY and BETWEEN Barbara R. Millikan of 56 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife" A N D Michael P. Millikan of 57 Partridge Circle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". RECITALS R.1: The parties hereto were husband and wife joined in marriage on July 31, 1981 in Hershey, Dauphin County, Pennsylvania; and N R.2: The parties hereto executed a Property Settlement Agreement in? 99&?- (hereinafter "PSA") in contemplation of the Parties' separation; and o -0 R.3: The Parties did not separate until on or about August of 2005 ands avewved c.v <= separate and apart from one another since August of 2005; and R.4: The Parties hereto executed an Addendum to the PSA in November of 2005 (hereinafter "Addendum"); and R.5: Pursuant to the terms of the PSA and Addendum, Husband had agreed, inter alia, to pay Wife alimony for a period forty-eight (48) months and he had further agreed to pay a portion of Wife's unreimbursed medical expenses; and R.6: A true and correct copy of the parties' Addendum is attached hereto as Exhibit "A" and incorporated herein by reference thereto; and R.7: Pursuant to the Addendum, if Husband became in arrears in his alimony obligation to Wife, Wife could Petition to have Husband's alimony obligation enforced by way of wage-attachment through Domestic Relations; and R.8: Wife filed for Public Assistance and the Department of Public Welfare sent her to Domestic Relations to file for support; and R.9: On or about December 6, 2007, Wife filed a Petition to for Support under PACSES Case No. 442107583; and R.10: An Interim Order of support was entered on or about December 12, 2007 setting Husband's support obligation at $3,100 per month and $200 per month on arrears; and R.11: Said $3,100 per month was significantly higher than Husband's alimony obligation under the PSA/Addendum; and R.12: Husband, through counsel, timely filed a Request for a Hearing De Novo; and R.13 : A Hearing De Novo is currently scheduled before Support Master Michael Rundle on April 234, 2008; and R.14: The Parties have reached an agreement with regard to the outstanding support issues; and R.15: The Parties are desirous of settling this support matter without the need for further court intervention; and R.16: Upon execution hereof, the Parties desire that this Stipulation and Agreement be adopted as an Order of Court for purposes of enforcing the alimony, medical insurance and medical expense reimbursement terms of their Addendum. NOW, THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) The Parties have agreed Husband's contractual alimony obligation to Wife, in the amount of One Thousand Eight Hundred and 00/100 Dollars ($1,800.00) per month pursuant to the terms of the Addendum, shall be enforced through wage-attachment and collected through the Domestic Relations Office. The effective date of this Order shall be May 1, 2008; and (2) The existing support order, in the total amount of $3,300 per month, shall continue in force until April 30, 2008; and (3) Husband claims commencing May 1, 2008, he will no longer be paid semi-monthly, but instead, will be paid only once a month at the end of each month. The Parties agree that Husband's monthly support obligation will be paid directly to PA SCDU through a wage attachment consistent with Husband's pay schedule through his employer; and (4) Husband shall continue to provide medical, dental and vision insurance coverage for Wife in accordance with their Addendum; and (5) As per paragraph four of their Addendum, Husband shall reimburse Wife up to Four Hundred ($400.00) Dollars per month for Wife's unreimbursed medical expenses. If, in any given month Wife does not have Four Hundred ($400.00) Dollars in unreimbursed medical expenses, the parties agree that a carry-over concept shall be utilized; however, Husband's annual obligation to Wife for reimbursed medical expenses shall not exceed Four Thousand Eight Hundred ($4,800.00) Dollars annually on a calendar year basis. Each party shall comply fully with the provisions of paragraph four of the Addendum as it relates to reimbursement of medical expenses and (6) For purposes of this Stipulation and Agreement, any and all arrears due and owing by Husband and any and all credit due and owing by Wife shall be marked at Zero ($0.00) Dollars effective May 1, 2008; and (7) Neither Wife nor Husband is waiving and specifically reserves his or her right to enforce the PSA and Addendum and seek payment for any and all unpaid amounts allegedly owed by either party pursuant to the PSA and Addendum; and (8) All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be govemed by the law of the Commonwealth of Pennsylvania; and (9) In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, reasonable court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her; and (10) Either party may seek enforcement of this Stipulation, Agreement and Order through the Cumberland County Domestic Relations Office. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: 4L' ay Gin h aclay, quire rney for ife lox X? Barbara R. Millikan, Wife --P -74 kl:? Darren J. 1st, Esquire Attorney for Husband Michael P. Millikan, Husband EXHIBIT A ADDENDUM TO PROPERTY SETTLEMENT AGREEMENT OF MAY, 1998 THIS ADDENDUM to the parties' May, 1998 Property Settlement Agreement, is entered into and becomes effective this Lay of M&-kr, 2005, by and between MICHAEL P. MILLIKAN, of Cumberland County, Pennsylvania, and BARBARA R. MILLIKAN, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Michael P. Millikan (hereinafter referred to as "Husband") and Barbara R. Millikan (hereinafter referred to as "Wife"), married July 31, 1981, entered into a Property Settlement Agreement in May of 1998 (hereinafter referred to as "Agreement') at a time when the parties were not contemplating separation or divorce; WHEREAS, said Agreement fully and finally resolves the parties' respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, irrespective of the parties' continued cohabitation and marriage; WHEREAS, the parties are the biological parents of one minor child, Kate W. Millikan, born July 15, 1988; WHEREAS, on August 8, 2005 Wife had vacated the marital residence, 56 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence") thereby prompting a physical separation, and on August 25, 2005, Husband initiated a no-fault divorce action in the Court of Common Pleas of Cumberland County, at action number 05-4392 Civil Term; WHEREAS, Wife recently resumed residing in the Marital Residence; WHEREAS, the parties hereto are desirous of entering into this Addendum to modify certain portions of their Agreement and ratify the remaining provisions of the Agreement in light of their anticipated physical separation and divorce; NOW, THEREFORE, in consideration of these premises and the mutual promises, covenants and undertakings hereinafter set forth, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Paragraph 10 of the parties' Agreement, relating to the Marital Residence, is modified to the extent that Husband and the parties' minor child, Kate, shall be permitted to reside exclusively within the Marital Residence from the date of this Addendum until August 31, 2007 or the date Wife's then current apartment lease expires without renewal, whichever date last occurs. For example, if Wife has a lease agreement that is a month to month periodic tenancy, the lease will expire after Wife provides appropriate notice of termination at or around August 31, 2007. During this approximate two year period, Husband shall have exclusive use and possession of the Marital Residence, and he shall be solely responsible for all costs, expenses and 2 liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums and utilities, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses. Husband shall also be solely responsible for all ordinary and routine maintenance and repairs on the Marital Residence. "Ordinary and routine" shall be defined as maintenance and repairs required to correct general wear and tear on the property and which cost less than Five Hundred Dollars ($500.00). To the extent Husband has to make any repairs on the Marital Residence, the cost of which exceeds Five Hundred Dollars ($500.00) per incident, the amounts above and beyond Five Hundred Dollars ($500.00) shall be reimbursed to Husband at the time Wife sells the Marital Residence. Any maintenance and repairs, for which the estimated cost exceeds Five Hundred Dollars ($500.00), shall be discussed and agreed upon between Husband and Wife prior to undertaking said maintenance or repairs. Notwithstanding the foregoing, Husband and Wife acknowledge that the upstairs hallway bathroom is presently unfinished. Husband agrees to take the steps to finish the hallway bathroom during his period of exclusive use and possession, and he agrees to be fully responsible for the costs thereof even if said costs exceed Five Hundred Dollars ($500.00). Wife shall vacate the Marital Residence no later than November 20, 2005. Pursuant to the parties' Agreement, Wife shall retain ownership of the residence and retain all rights to the Installment Sales Agreement executed on December 31, 1992, and, after August 31, 2007, or after the expiration of her then current lease, Wife may resume residence therein and retain any and all equity accrued during the period of Husband's period of exclusive use and 3 possession. Upon Wife's return of the residence, she may dispose of the Marital Residence pursuant to the Agreement. Once Wife resumes possession of the Marital Residence, Husband shall have no further obligation to contribute to the mortgage on the Marital Residence, and Wife shall be solely responsible for all costs, expenses or liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance, repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses. It is understood that Wife will not become responsible for the costs and expenses on the Marital Residence until her then current lease expires and Husband vacates the Marital Residence. The parties acknowledge and agree that Wife may list the Marital Residence for sale prior to August 31, 2007 so long as no settlement on the residence occurs until on or after September 1, 2007. 2. In satisfaction of paragraph 17 of the parties' Agreement, Husband shall pay Wife alimony for the total duration of forty-eight (48) months from November 15, 2005 in accordance with the following schedule: A. November 2005-October 2006, the monthly sum of $2,200.00; B. November 2006-October 2007, the monthly sum of $2,000.00; C. November 2007-October 2008, the monthly sum of $1,800.00; and D. November 2008-October 2009, the monthly sure of $1,500.00. 4 For November 2005, Husband shall be responsible for paying rent for one-half of November (i.e., Six Hundred Dollars ($600.00)), and he shall provide Five Hundred Dollars ($500.00) to Wife on or before November 21, 2005. Husband and Wife acknowledge that, prior to the effective date of this Agreement, Husband provided Wife Five Hundred Dollars ($500.00) cash for the first half of November. During the period that Husband has exclusive use and possession of the Marital Residence in accordance with paragraph 1 above, the parties agree that Wife's alimony obligation shall be comprised of direct payments by Husband to Wife's landlord for any apartment she maintains during the period of Husband's exclusive possession of the Marital Residence, and if the direct rental payments to Wife's landlord is less than Husband's total alimony obligation as set forth above, the difference shall be made up by direct payments to Wife, which payments shall be made on or before the first of each month. Husband shall have no obligation to make rental payments that exceed the monthly alimony sums set forth above for the appropriate time period. All rental payments shall be made in accordance with Wife's lease agreement, and Wife shall provide Husband copies of any lease agreements she enters into during Husband's period of exclusive use and possession of the Marital Residence. Husband shall be responsible for timely payments of all lease payments, and Husband shall be solely responsible for all costs and expenses incurred as a result of late lease payments. After Husband relinquishes possession of the Marital Residence, his alimony obligation shall be comprised solely of direct payments to Wife in accordance with the above schedule, to be paid in monthly installments on or before the first of each month. Additionally, the parties agree that, for so long as Wife remains in the apartment for which Husband and Wife recently signed a lease agreement, Husband will pay an additional Fifty Dollars ($50.00) per month to the landlord in order to have 5 the apartment furnished with appropriate appliances. Husband and Wife agree that this additional Fifty Dollars ($50.00) per month is above and beyond the alimony payments called for above, but both parties acknowledge and agree that said additional payments constitute alimony for tax purposes. Husband's alimony obligation shall be non-modifiable in duration or amount, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Notwithstanding the foregoing, the parties agree that the amount of Husband's alimony may be subject to downward modification if, and only if, Husband loses his present employment or job assignment through no fault or misconduct of his own and, as a result, suffers a decrease in income. If that occurs, Husband's alimony obligation shall be established by agreement of the parties or, if the parties cannot agree, by a court of competent jurisdiction. Husband further agrees not to seek child support from Wife during the period of time that the child resides primarily with him. All payments that Husband makes to Wife or on her behalf shall be considered alimony for tax purposes such that Husband shall be entitled to deduct said payments from his individual tax return and Wife shall be required to report said items as income on her individual tax return. Husband and Wife agree that neither party shall file a tax return that conflicts with, or is contrary to, the parties' agreement as to alimony. 6 Husband and Wife agree that, if Husband becomes more than ten (10) days in arrears on his alimony payments, Wife may, at her election, seek to have Husband's alimony obligation enforced through the local Domestic Relations Office by way of wage attachment. If Wife proceeds in seeking a wage attachment through the local Domestic Relations Office, Husband agrees to be solely responsible for any and all costs and expenses. incurred by Wife, including reasonable attorneys fees, in enforcing her alimony obligation through the local Domestic Relations Office. 3. Paragraph 16 of the parties' Agreement is modified to provide that the parties shall share legal custody of their minor child, Kate W. Millikan, with the child residing primarily with Husband and Wife receiving periods of custody as may be agreed upon by the parties. It is understood that the child shall reside with Husband in the Marital Residence until at least August 31, 2007. 4. The parties agree that Husband shall be solely responsible for any and all unreimbursed medical expenses relating to the minor child for so long as he is able to provide health insurance on her. As to Wife, Husband shall be solely responsible for any and all unreimbursed medical expenses that Wife incurs during such period of time that Husband continues to have an alimony obligation as set forth herein and in their Agreement and beginning November 1, 2005. Notwithstanding the foregoing, Husband's obligation shall be limited to reimbursing Wife for said expenditures, in an amount not to exceed Four Thousand Eight Hundred Dollars ($4,800.00) per year, and Wife is required to provide original documentation of said expenditures as a prerequisite to Husband's obligation to reimburse her on any unreimbursed 7 medical expenses. Husband's and Wife's intent is to limit Husband's obligation to approximately Four Hundred Dollars ($400.00) per month in reimbursements starting November 1, 2005. The parties expressly agree to a "carryover" concept such that, in any months that Wife incurs less than Four Hundred Dollars ($400.00) per month in unreimbursed medical expenses, any shortfalls can be carried over to other months where Wife incurs in excess of Four Hundred Dollars ($400.00) per month in unreimbursed medical expenses. Husband's total obligation for any calendar year shall not exceed Four Thousand Eight Hundred Dollars ($4,800.00) in - -- reimbursements. Wife shall send to Husband each month, via certified mail or by regular, original documentation evidencing the expenses she incurred for which she seeks reimbursement. Husband shall provide reimbursements to Wife within seven (7) business days of receipt of the letter unless an objection is made to the expenses in writing by Husband's counsel to Wife's counsel within seven (7) business days of Husband's receipt of the mail. If the parties cannot resolve any disagreements as to reimbursements amicably, the parties agree that the matter shall be submitted to the court for adjudication. 5. Paragraph 8 of the parties' Agreement is modified to provide that Husband shall be solely responsible for all joint debts due and owing as of the date of execution of this Agreement including the debt owed to Wife's parents. Wife shall be solely responsible for all debts arising out of her over drafting the parties' bank account as well as any and all debts she incurs on or after the date of this Agreement. Husband agrees to indemnify and hold Wife harmless from any and all liability, cost or expense, including actual attorneys fees, incurred as a result of the obligations he is assuming under this paragraph. Likewise, Wife agrees to indemnify and hold Husband harmless from any and all liability, cost or expense, including actual attorneys' fees incurred as a result of the obligations Wife is assuming under this paragraph. 8 6. Paragraph 4 of the parties' agreement is modified to the extent that Husband shall name Wife as a 50% beneficiary of the life insurance policy provided through Husband's current employer with a life insurance trust for the benefit of the minor child, Kate, named as beneficiary to the remaining 50% interest. Said beneficiary designations shall be irrevocable until the child turns 21. Husband shall cause to be prepared an appropriate life insurance trust for the benefit of Kate, the terms of which shall be consistent with the terms of paragraph 14 of the parties' Agreement. Once Kate turns 21, Husband shall have no further obligation to name Wife or the child as beneficiary on any life insurance. 7. Husband and Wife agree that the execution of Affidavits of Consent to Divorce shall not be executed and filed any earlier than June 1, 2006, but Husband and Wife shall each execute appropriate affidavits of consent and waivers of notice before June 30, 2006. Wife's execution of her Affidavit of Consent and Waive of Notice prior to June 30, 2006 shall be a condition precedent to Husband's obligation to continued alimony payments after June 30, 2006. Husband acknowledges that his current employer, Xerox, permits a divorced spouse to continue to be insured as a "spouse" until the end of the calendar year in which a divorce decree is obtained. Accordingly, paragraph 15 of the parties' Agreement is modified to the extent that Husband shall maintain COBRA health insurance coverage for the benefit of Wife for as long as such benefits are available to Wife unless more comprehensive health insurance becomes available to Wife through any employment at a lesser cost. 9 8. No modification, recission or amendment of this Addendum shall be effective unless in writing signed by each of the parties hereto. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs and expenses actually incurred in the enforcement of the rights of the non-breaching party, including actual attorneys' fees. The waiver by one party of any breach of this Addendum by the other will not be deemed a waiver of any other breach of any provision of this Addendum. 9. All terms and conditions of the parties' May 1998 Property Settlement Agreement not affected herein shall remain in full force and effect. 10. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J. Holst, Esquire for Husband and Kristopher T. Smull, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations under both the Agreement and the Addendum, and each of the parties hereto further covenants and agrees for himself and herself, and his or her heirs, executors, administrators and assigns, that he or she will never at anytime hereafter sue the other party or his or her heirs, executors, administrators, or assigns in any action of contention, direct or indirect, and allege therein that there was any fraud, duress, undue influence in executing this Addendum or that there was a failure to have available full, proper and independent legal representation. 10 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS MICHAEL P. MILLMAN 4W9§s W-_ __ BARBARA R. MILLIKAN II COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) 1 ) BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL P. MILLMAN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of K.OQVC 1 bP-lam , 2005. AT I r ( "q, j. ?Ii A otary P , lic m* and for Commonwealth of Pennsylvania Typed or printed name of Notary: i L G My commission expires: M i F PEIO! NOTARK SM W O L 6QNTI,.MAId.MW [rommm OF HARK MWk D OOtRtTr W 17, IDOS 12 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ) BEFORE ME, the undersigned authority, on this day personally appeared BARBARA R. MILLIKAN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this l r7 day of 11- y` , 2005. Not Public in and fo 4Commonwealth of Pennsylvania Typed or printed name of Notary: -- AD(-(? My commission expires: NOURIAL SEAL APRIL M FUGAtE Notary Pubtlc CITY OF HA G.oAumw COUNTY Mir Cmwniulon Eq*u Mar 30.2= 13 Exhibit "L" EXHIBIT "L" ITEM AMOUNT PAID Pro-Rated Rent (November 2007) $500.00 Back Mortagage $5,349.51 Verizon $330.26 Trash Removal $425.00 Water Bill $163.44 Lighting Repairs $89.04 Trash Bill $174.00 Sewer Bill $1,322.64 2007 Taxes $3,303.47 Painting Repairs $2,500.00 Home Repairs and Painting $1,000.00 Ceiling Repairs $450.00 Window Repairs $335.00 Carpeting $6,000.00 Bathroom/Laundry Room Repairs $2,330.00 Justin Greenburg $1,095.74 Home Depot $2,068.56 Lowe's $244.53 Country Market $159.00 Alimony/Medical Expenses $8,208.00 Total $36,048.19 Credit to H from Domestic Relations overpayment $8,285.00 Total to Be Reimbursed $27,763.19 Exhibit "M" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION BARBARA R. MILLIKAN, " Plaintiff Docket No. 00672-S-20Q4 v V. PACSES No. 44210758A;%??=- °C lor-A + _o (In Support) q c>o MICHAEL P. MILLIKAN, -wn Defendant : ORDER AND NOW, this __S? day of ?Jn y , 2008, it is hereby ADEAD and DECREED as follows: 1) For the 2008 calendar year and in satifaction of Husband's contractual obligation under paragraph 4 of the Addendum and the parties' Support Agreement, Husband shall pay $4,963.36 in unreimbursed medical expenses on behalf of Wife. Said payments shall be made by Husband directly to the collection agency collecting this debt from Wife's stay in the Pinnacle Health Hospitals. 2) Husband's $4,800.00 obligation to Wife for the 2008 calendar year shall not be deemed ratified until he pays $4,963.36 to the collection agency and provides documentation verifying payment in full of same. 3) Should Husband fail to pay the $4,963.36 in full and provide documentation thereof, Wife shall be permitted to seek enforcement of Husband's 2008 obligation of $4,800.00 in unreimbursed medical expenses through either the Domestic Relations Office or through enforcement of the parties' PSA and Addendum. 4) Once Husband has paid, in full, the $4,963.36 to the collection agency and provided documentation thereof, Husband shall not be entitled to a credit in his contractual alimony obligation, his obligation regarding unreimbursed medical expenses, nor any other proceeding, specifically including any proceeding brought to enforce the parties' PSA or Addendum, for the additional $163.36 that he paid on behalf of Wife regarding unreimbursed medical expenses for the 2008 calendar year. 5) Once Husband provides documentation that he has paid, in full, the $4,963.36 to the collection agency on behalf of Wife, Husband's unreimbursed medical expense obligation for the 2008 calendar year shall be marked paid in full and his obligation to Wife regarding unreimbursed medical expenses for 2009 shall commence January 1, 2009 for expenses incurred after that date; however, nothing shall prohibit either party from pursuing a claim against the other for collection of any and all amounts allegedly due and owing under the parties' Property Settlement Agreement of May, 1998 or the Addendum thereto. 6) Commencing January 1, 2009 for expenses incurred after January 1st, Wife shall provide to Husband documentation of her unreimbursed medical expenses on a monthly basis. Husband shall reimburse Wife in accordance with paragraph 4 of the Addendum and the parties' Support Agreement. The manner of documentation shall comply with paragraph 4 of the Addendum. 7) Nothing shall prohibit either party from pursuing a claim against the other for collection of any and all amounts allegedly due and owing under the parties' Property Settlement Agreement of May, 1998 or the Addendum thereto. DRD: R.J. Shadday By the Court, Distribution: Darren J. Holst, Esquire, HOWETT, KISSINGER & HOLST, P.C., P.O. Box 810, Harrisburg, Pennsylvania 17108 (717/234-2616) Lindsay Gingrich Maclay, Esquire, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109 (717/657-4795) Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclaya,dzmm e l a.c. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION BARBARA R. MILLIKAN, Plaintiff V. MICHAEL P. MILLIKAN, Defendant o Docket No. 00672-S-2005 Q PACSES No. 442107583 C% cat M x (In Support) b' z=? 4 - C=, STIPULATION and AGREEMENT r;• THIS AGREEMENT is made this -= ! day of October, 2008, BY and BETWEEN Barbara R. Millikan of 56 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife" A N D Michael P. Millikan of 1218 River Road, Titusville, New Jersey, hereinafter referred to as "Husband". RECITALS R.1: The Parties hereto were husband and wife joined in marriage on July 31, 1981 in Hershey, Dauphin County, Pennsylvania; and R.2: The Parties hereto executed a Property Settlement Agreement in May 1998 (hereinafter "PSA") in contemplation of the Parties' separation; and R.3: The Parties did not separate until on or about August of 2005 and they have lived separate and apart from one another since August of 2005; and R.4: The Parties hereto executed an Addendum to the PSA in November of 2005 (hereinafter "Addendum"); and R.S: Pursuant to the terms of the PSA and Addendum, Husband had agreed, inter alia, to pay to Wife alimony for a period forty-eight (48) months and he had further agreed to pay a portion of Wife's unreimbursed medical expenses; and R.6: A true and correct copy of the parties' Addendum is attached hereto as Exhibit "A" and is incorporated herein by reference; and R.7: Pursuant to the Addendum, if Husband became in arrears in his alimony obligation to Wife, Wife could Petition to have Husband's alimony obligation enforced by way of wage-attachment through Domestic Relations; and R.8: Wife filed for Public Assistance and the Department of Public Welfare sent her to Domestic Relations to file for support; and R.9: On or about December 6, 2007, Wife filed a Petition to for Support under PACSES Case No. 442107583; and R.10: An Interim Order of support was entered on or about December 12, 2007 setting Husband's support obligation at $3100 per month and $200 per month on arrears; and R.11: Said $3100 per month was significantly higher than Husband's alimony obligation under the PSA/Addendum; and R.12: Husband, through counsel, timely filed a Request for a Hearing De Novo; and R.13: A Hearing De Novo was scheduled before Support Master Michael Rundle on April 24, 2008; and R.14: The Parties reached an agreement with regard to the support issues which was memorialized in the April 24, 2008 Stipulation and Agreement and the April 28, 2008 Order; and R.15: A copy of the April 24, 2008 Stipulation and Agreement and the April 28, 2008 Order (hereinafter "Support Agreement") are attached hereto and incorporated herein as Exhibit `B"• and R.16: Pursuant to the terms of the Addendum and the Support Agreement, Husband is to pay Wife up to $400 per month in unreimbursed medical expenses, which monthly obligation can be rolled from month-to-month with a yearly cap of $4,800.00; and R.17: Wife submitted documentation to Husband evidencing medical expenses in excess of $4,800.00 for the 2008 calendar year and the matter was scheduled for a medical enforcement conference with Conference Officer, Rickie Shadday; and R.18: Husband has offered and Wife has accepted his offer to pay Wife's outstanding invoice from Pinnacle Health Hospitals through a collection agency, in the amount of $4,963.36. The parties have agreed once Husband has paid this obligation, in full, directly to the collection agency, Husband will have fulfilled his unreimbursed medical expense obligation to Wife for the 2008 calendar year; and R.19: The parties are desirous of settling this matter regarding unreimbursed medical expenses for the 2008 calendar year without the need for further court intervention; and R.20: Upon execution hereof, the Parties desire that this Stipulation and Agreement be adopted as an Order of Court for purposes of enforcing the medical expense reimbursement terms of their Addendum and their Support Agreement. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) Wife has provided documentation evidencing unreimbursed medical expenses for the calendar year 2008 in excess of $4,800.00; and (2) For the 2008 calendar year and in satisfaction of his contractual obligation under paragraph 4 of the Addendum and pursuant to the parties' Support Agreement, Husband shall pay $4,963.36 in unreimbursed medical expenses on behalf of Wife. Said payments shall be made by Husband directly to the collection agency collecting this debt from Wife's stay in the Pinnacle Health Hospitals; and (3) Husband's $4,800.00 obligation to Wife for the 2008 calendar year shall not be deemed satisfied until he pays $4,963.36 to the collection agency and provides documentation verifying payment in full of same. Nothing in this agreement shall prevent Wife from seeking enforcement of Husband's 2008 obligation of $4,800.00 for unreimbursed medical expenses in the even that he does not pay the $4,963.36 in full and provide documentation thereof, and (4) Once Husband has paid, in full, the $4,963.36 to the collection agency and provided documentation thereof, Husband shall not -be entitled to a credit in his contractual alimony obligation, his obligation regarding unreimbursed medical expenses, nor any other proceeding, specifically including any proceeding brought to enforce the parties' PSA or Addendum, for the additional $163.36 that he paid on behalf of Wife regarding unreimbursed medical expenses for the 2008 calendar year; and (5) For purposes of this Stipulation and Agreement, once Husband provides documentation that he has paid the $4,963.36 to the collection agency on behalf of Wife, Husband's unreimbursed medical expense obligation for the 2008 calendar year shall be marked paid in full and his obligation to Wife regarding unreimbursed medical expenses for 2009 shall commence January 1, 2009; and (6) Commencing January 1, 2009, for expenses incurred after that date, Wife shall provide to Husband documentation of her unreimbursed medical expenses on a monthly basis in a manner that comports with Paragraph 4 of the Addendum and the parties' Support Agreement. Husband shall reimburse Wife pursuant to Paragraph 4 of the Addendum and the parties' Support Agreement; and (7) Neither Wife nor Husband is waiving and each specifically reserves his or her right to enforce the PSA and Addendum and seek payment for any and all unpaid amounts allegedly owed to by either party pursuant to the PSA and Addendum; and (8) All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania; and (9) In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, reasonable court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her; and (10) Either party may seek enforcement of this Stipulation, Agreement and Order through the Cumberland County Domestic Relations Office. IN WITNESS WHEREOF, the parries hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: Darren J. olst, Esquire Attorney for Husband Barbara R. Millikan, Wife .exa4- Michael P. Milhkan, Husband 01/29/2009 14:20 17177959202 THE-UPS-STORE-3763 PAGE 02/06 ACCOUNT'S RECOVERY BUREAU, INC. . P.O. Box 6768 • Wyomissing, Pa. 19610-0768 4 January 21, 2009 Ac0ount #: 082241046 Creditor: PINNACLE HEALTH HOSPITALS 4,963.36 TOTAL DUE: $4,963.36 TNTS LETTER IS TO REMIND YOU THAT YOUR PAYMENT IN THE AMOUNT OF $4,963.36 WHICH WAS DUE ON 01/15/09 HAS NOT BEEN RECEIVED. PLEASE REMIT YOUR PAYMENT. TELEPHONE: (888) 310-3042 or (610) 378-5467 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. iuii?iA?iNi.isiiiiiHi¦ ri.??lirewe PLEASE DETACH AND RETURN BOTTOM PORTION WRIT YOUR PAYMENT W- oaYlNa BY uACTEwcano, vK:A OR McNeAn exrnE93, 1-11.1- OUT BELOW. INQUIRIES TO: P.O. BOX 0700 WYOMISSING, PA 19610-0768 307240462 ? Please check box H hctow address Is Incorrect. AMU and indlate change(s) on reverse side. Peows 0101 (I11iii111Hit111111111111111n1111111111111111111111111111111 BARBARA R MILLIKAN 56 HELLAM DR MECHANICSBURG. PA 17055-0100 nugn111n11nllllllllll.11uu111111n111uu1IIIIiu111 MASTEWARD CHECK CARD USING FOR PAYMENT No ° m° DISCOVER VISA AWAIIAN RYPACS9 CARD NINOW SIGNATURE CODE SIGNATURE EXP. DATE NOTICE DATE 01/21/2009 BALANCE $4,963.36 APB ACCT. 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C N (D 0 w N 0 5 4) N N o N N 0 C w N d m m a i a i =X1-H N HHF-JJJ ma Xd E co 0 0 GO co 00 00 co OD co ao O 080 o co co co w w w 000000 co O) 00 O O) 0) O) 0000 N Q Q 0 0 N N N N 000000 N N N N N N Z OO Q Q 0000 N N N N N N M M :t d to N- a O- N (O 1 N N N N N N M Q N N CO O_ O N N N 04 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Invoice submitted to: Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg PA 17055 December 04, 2007 In Reference To:Divorce Client No. 07-405 Matter No. 001 Invoice #17472 Professional Services Hrs/Rate Amount 11/1/2007 LGM Revised letter to Prothonotary enclosing Substitution of Counsel form 0.20 35.00 175.00/hr 11/5/2007 LGM Meeting with Margie re assignment - verifying breaches by Mr. Millikan 0.40 70.00 175.00/hr 11/8/2007 LGM Drafted letter to Attorney Hoist re: substitution of counsel form; 1:00 175.00 telephone call with Attorney Hoist re same; left message for client re: 175.00/hr same; reviewed memo from Margie re: medical reimbursements 11_/14/2007 LGM Meeting with client to review items not paid and to discuss items 1.30 _ 227.50 needed in order to draft pleading; received and reviewed Support 175.001hr Order; received and reviewed Mortgage; telephone call with client re: support confernce 11/26/2007 LGM Telephone call with John Flavin re: mortgage on marital residence; left 0.60 105.00 message for client re: same 175.00/hr 11/27/2007 LGM Telephone calls with client re: my conversation with John Flavin and 2.00 350.00 appraisal; left message for Mark Heckman (appraiser); telephone call 175.00/hr with Bob Banzhoff (appraiser); drafted email to Mr. Flavin; drafted letter to Bob Banzhoff; drafted email to Mr. Flavin attaching copy of letters; telephone call with client re: appraisal tomorrow 11128/2007 LGM Received messge from Mr. Flavin re: taxes; left message for Mr. 0.20 35.00 Flavin re: same 175.00/hr 11/29/2007 LGM Telephone call with Mr. Flavin re: appraisal and taxes; telephone call 0.70 122.50 with client re: taxes and parents' help; reviewed documents from John 175.00/hr Flavin Ms. Barbara Millikan For professional services rendered Previous balance Balance due IMPORTANT NOTICES A 12% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement Page Hours Amount 6.40 $1,120.00 ($265.00) $855.00 Please note we accept Visa, MasterCard and Discover. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Invoice submitted to: Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg PA 17055 January 04, 2008 In Reference To:Divorce Client No. 07-405 Matter No. 001 Invoice #17676 Professional Services Hrs/Rate Amount 12/3/2007 LGM Received and reviewed appraisal report; met with paralegal re: 0.50 87.50 status/request from clients father 175.00/hr 1214/2007 LGM Telephone call with client re: appraisal, etc.; drafted letter to Mr. Flavin 0.70 122.50 re: same 175.00/hr 12/5/2007 LGM Preparation for Support Conference 1.00 175.00 175.OO/hr 1216/2007 LGM Travel to/from and attendance at Support Conference; received, 4.30 752.50 reviewed and_replied_to email from Mr. Flavin re,appraisal;_ran 175.00/hr support numbers; received, reviewed and replied to email from Mr. Millikan re: support 12/7/2007 LGM Received and reviewed emails from Mr. Millikan re: benefits; left 2.00 350.00 message for client re: check and letter from doctor, received and 175.00/hr reviewed faxed re: taxes; telephone call with client; drafted letter to Mr. Flavin; drafted letter to Rickie Shadday 12/10/2007 LGM Discussion with paralegal re: items needed from client/Mike; received 0.40 70.00 and reviewed email from paralegal to Mike requesting documentation 175.00/hr in alimony payments and reimbursed medical expenses 12/11/2007 LGM Received and reviewed email from Mr. Millikan re: requested 0.20 35.00 information and supporting documentation 175.00/hr 12/12/2007 LGM Received and reviewed emails re: documents received; reviewed 0.90 157.50 documents from doctors; drafted, sent and faxed letter to R.J. 175.00/hr Shadday re: disability; received, reviewed and replied to email from Mr. Millikan re: questions Ms. Barbara Millikan Page 2 Hrs/Rate Amount 12/13/2007 LGM Received and reviewed information from Mr. Flavin; drafted letter to 0.50 87.50 client enclosing information from Mr. Flavin 175.00/hr 12/14/2007 LGM Reviewed and revised letter to client; sent same 0.20 35.00 175.00/hr 12/18/2007 LGM Received and reviewed Support Order, left messages for client; 1.50 262.50 drafted letter to client explaining Domestic Relations Order; telephone 175.00/hr call with client re: same 12/2812007 LGM Telephone calls with client re: questions re: Domestic Relations Office 0.40 70.00 and Welfare 175.001hr For professional services rendered 12.60 $2,205.00 Additional Charges : 12131/2007 One-Half fee of appraisal 175.00 Total costs $175.00 Interest on overdue balance $8.71 Total amount of this bill $2,388.71 Previous balance $855.00 Balance due $3,243.71 IMPORTANT NOTICES A 12% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. EFFECTIVE JANUARY 1, 2008 OUR INTEREST RATE WILL INCREASE TO 18% PER ANNUM ON ALL BALANCES EXISTING AFTER THIRTY DAYS. DALEYZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 February 19, 2008 Inv #: 123846 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE AMOUNT 01/02/08 LGM Received message from client; telephone call 0.60 $175.00 105.00 with Angie at Cumberland County Domestic Relations Office re: wage attachment and time frames; telephone call with client re: same 01/04/08 LGM Received and reviewed email from client re: 0.20 $175.00 35.00 Mike - college tuition, etc. 01/07/08 LGM Received-and reviewed message from client 0.40 $175.00 70.00 re: SCDU/Eppy card and account and issue with opposing party; telephone call with client re: same GMR Conference with Attorney Maclay; telephone 0.40 $125.00 50.00 call to Angie at Domestic Relations; telephone call with client 01/11/08 LGM Received and reviewed Support Appeal 0.50 $175.00 87.50 Scheduling Order; drafted letter to client re: same 01/14/08 LGM Reviewed and revised letter to client re: 0.20 $175.00 35.00 Hearing with Mike Rundle 01/21/08 JLC Telephone call to client re: scheduling 0.20 $125.00 0.00 appointment Invoice #: 123846 Page 2 01/22/08 GMR Transcribe voice mail message 01/25/08 LGM Review of settlement agreement/financial documents 01/28/08 LGM Telephone call with client re: appointment and payment; received and reviewed letter from Attorney Holst re: support and agreement issues 01/29/08 LGM Drafted letter to Attorney Holst re: response to his 1/28/08 letter; reviewed retirement statements in preparation for meeting with client; left message for Jon Cramer; telephone call with Jon Cramer re: Xerox retirement JLC Telephone call to client re: appointment 01/31/08 JLC Prepare Authorization for Release of billing information Totals EXPENSES 01/31/08 Appraisal Totals Total Fee & Expenses Retainers Applied Previous Balance 01/25/08 Payment(s) Received 02/15/08 Payment(s) Received Interest Due February 19, 2008 0.30 $125.00 0.00 0.50 $175.00 87.50 0.60 $175.00 105.00 1.60 $175.00 280.00 0.10 $125.00 0.00 0.50 $125.00 62.50 6.10 $917.50 175.00 $1,092.50 1,092.50 3,243.71 3,243.71 1,095.00 $30.39 Balance Now Due $3,271.60 Invoice #: 123846 Page 3 February 19, 2008 IMPORTANT NOTICES A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. 1 DALEYZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 March 6, 2008 Inv #: 124078 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE AMOUNT 02/04/08 JLC Telephone call to opposing counsel to 0.10 $125.00 0.00 reschedule conference call (no charge) 02/06/08 LGM Meeting with client to review and discuss 4.20 $175.00 735.00 options; conference call with Attorney Holst re: same; telephone call with Attorney Thomas re: original agreement; telephone call with Attorney Small re: Addendum; drafted letter to Attorney Holst confirming our telephone call; drafted and sent letter to Attorney Small requesting a copy of his correspondence file; left messages fro client re: status; telephone call with client re: same 02/13/08 TML Telephone call from opposing counsel re: 0.40 $175.00 70.00 continuing hearing; telephone call from Support Master re: continuance JLC Telephone call to Mike Rundle re: 0.20 $125.00 25.00 requirements for continuance 02/14/08 TML Telephone call with opposing counsel re: 0.20 $175.00 35.00 continuance 02/19/08 TML Received and reviewed Petition to Stay De 0.50 $175.00 87.50 Novo Hearing from opposing counsel; telephone call from Support Master re: same Invoice #: 124078 Page 2 March 6, 2008 JLC Telephone call to Domestic Relations Office 0.50 $125.00 62.50 re: holding support; left message for client re: calling to discuss same; telephone call from client to discuss information from Domestic Relations Office and outstanding documentation JLC Telephone call to client - left message 0.10 $125.00 12.50 02/20/08 LGM Received and reviewed multiple emails; 1.50 $175.00 262.50 conference call with Mike Rundle and Attorney Holst; telephone call with Attorney Holst; began to draft letter to Attorney Holst; left messages for client 02/21/08 LGM Finalized letter to Attorney Holst re: alleged 1.90 $175.00 332.50 breaches by Mr. Millikan; faxed and sent same; telephone call with client 02/22/08 KMG Researched cases on property settlement 1.70 $250.00 425.00 agreements and enforcement when one party is in breach; drafted email to Attorney Maclay LGM Telephone call with client re: status and how 2.10 $175.00 367.50 to proceed; reviewed research from Attorney Gingrich; discussions with Attorney Laudermilch and Attorney Meilton re: potential for res judicata issue; conference call with Attorney Holst and Master Rundle; telephone call with Attorney Holst re: 4-parry conference; drafted, sent and faxed letter to Master Rundle 02/25/08 LGM Telephone call with client re: status of 1.10 $175.00 192.50 document requests; met with Gloria Rine to review items that are needed from client and listing of, received and reviewed two letters from Attorney Holst and Court Order; drafted letter to client enclosing same GMR Conference with Attorney Maclay 0.20 $125.00 25.00 02/27/08 LGM Left message for client re: paperwork (no 0.20 $175.00 0.00 charge) GMR Review of file; conference with client to 1.30 $125.00 162.50 review expenses paid 02/28/08 LGM Met with Gloria Rine to review items/memo 0.50 $175.00 87.50 re: documents to be sent to Attorney Holst Invoice #: 124078 Page 3 GMR Draft memo from Attorney Maclay re: conference with client 02/29/08 LGM Telephone call with client re: Mike's retirement documents and Attorney Holst's letter GMR Work on letter to opposing counsel providing copies of documents; telephone call to tax assessment office; telephone calls to Upper Allen Township; conference with Attorney Maclay; prepare attachments; deliver letter to opposing counsel Totals Total Fee & Expenses Retainers Applied Previous Balance Interest Due Balance Now Due March 6, 2008 1.00 $125.00 125.00 0.20 $175.00 35.00 2.00 $125.00 250.00 19.90 $3,292.50 $3,292.50 2.50 3,243.71 $55.99 $6,589.70 IMPORTANT NOTICES A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing- statement. Please note we accept Visa, MasterCard and Discover. DALEYZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 April 4, 2008 Inv #: 124397 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE AMOUNT 03/01/08 AMS Organize and prepare medical expense 3.00 $125.00 0.00 reimbursements (no charge) 03/03/08 LGM Telephone call with Paul Ruth re: Barb's 0.80 $175.00 140.00 hospitalization and condition; left message fro Attorney Holst re: same; telephone call with Attorney Holst re: same; received and reviewed letter. from-Attorney Holstand Scheduling Order for Support Master Hearing; drafted and sent letter to client enclosing same 03/04/08 LGM Received and reviewed email from John 0.20 $175.00 35.00 Flavin re: mortgage three months behind; telephone call with Mr. Flavin re: Barb in hospital AMS Continued preparing medical expense 5.00 $125.00 625.00 reimbursements 03/06/08 LGM Telephone call with Paul Ruth re: update on 0.60 $175.00 105.00 status; received and reviewed Social Security Documents; attempted to call Angie at Domestic Relations Office re: getting support money released 03/07/08 LGM Received message from Paul Ruth re: client's 0.10 $175.00 0.00 condition (no charge) Invoice #: 124397 Page 2 03/10/08 LGM Telephone call with Mr. Ruth re: client's condition; drafted and sent email update to Mr. Flavin re: same; received and reviewed responsive email from Mr. Flavin 03/18/08 LGM Telephone call with client; emailed Mr. Flavin re: client's status; telephone call with Attorney Holst re: same 03/20/08 LGM Received, reviewed and replied to email from Mr. Flavin re: mortgage; telephone call with client re: call him and get this squared away 03/28/08 LGM Received and reviewed letter from John Flavin re: mortgage payments on marital residence; left message for client on cell and at home re: same; telephone call with client re: same Totals Total Fee & Expenses Previous Balance Interest Due Balance Now Due April 4, 2008 0.40 $175.00 70.00 1.10 $175.00 192.50 0.40 $175.00 70.00 0.40 $175.00 70.00 12.00 $7,943.59 IMPORTANT NOTICES A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. 6,533.71 $102.38 DALEYZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Mzllikan 56 Hellam Drive Mechanicsburg, PA 17055 May 6, 2008 Inv #: 124660 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE AMOUNT 04/01/08 LGM Preparation for meeting with client; telephone 2.00 $175.00 350.00 call with client re: same; drafted letter to Attorney Holst enclosing medical reimbursements 04/02/08 LGM Review retirement information as provided by 3.00 $175.00 525.00 Mike; on line research re: same; telephone with Xerox Benefits.- drafted- and-sent-email to Jon Cramer attaching statements; telephone call with Jon Cramer; email John Flavin re: mortgage balance; received and reviewed response re: same 04/03/08 LGM Met with client re: 4-party conference 1.50 $175.00 262.50 preparation 04/04/08 LGM Travel to/from and meeting with Attorney 2.50 $175.00 437.50 Holst, client, Mike re: settlement 04/08/08 LGM Received and reviewed fax from John Flavin 0.20 $175.00 0.00 re: mortgage balance (no charge) 04/09/08 LGM Received and reviewed fax from Mr. Flavin; 0.50 $175.00 87.50 drafted and sent letter to client enclosing same and reminding her to provide Verizon bill 04/16/08 LGM Telephone call with client re: Mike's 0.70 $175.00 122.50 Invoice #: 124660 Page 2 May 6, 2008 allegations of breaking and entering, police involvement; telephone call with Attorney Hoist re: same 04/17/08 AMS Prepared Excel Spreadsheet 4.00 $125.00 500.00 04/18/08 LGM Reviewed and revised letter to R.J. Shadday at 0.20 $175.00 35.00 Domestic Relations Office re: request for information AMS Drafted letter to R.J. Shadday re: support and 0.30 $125.00 37.50 arrearages from Mr. Millikan 04/21/08 LGM Received and reviewed fax from R.J. Shadday 1.50 $175.00 262.50 re: support amounts received and owed; faxed to Attorney Hoist; telephone call with client; telephone calls with Attorney Hoist; telephone call with Vickie Stephenson at Domestic Relations Office; left message for client 04/22/08 LGM Telephone call with Attorney Rundle re: 1.10 $175.00 192.50 Thursday's Hearing; telephone call with Attorney Hoist's secretary re: same; drafted, sent and faxed letter to Attorney Rundle and Attorney Hoist re: same; received and reviewed faxed letter from Attorney Hoist re: hearing, Stipulation and settlement offer TML Telephone call to client re: support agreement; 2.30 $175.00 402.50 draft Support Stipulation 04/23/08 LGM Reviewed and revised draft Support 1.00 $175.00 175.00 Stipulation; drafted Order, drafted email to Attorney Hoist attaching draft Stipulation/Order 04/24/08 LGM Received and reviewed Attorney Hoist's 2.60 $175.00 455.00 proposed red-line changes to Stipulation; telephone call with Attorney Hoist re: same; revised Stipulation and Order; email to Attorney Hoist; received, reviewed and replied to email from Attorney Hoist; met with client; drafted letter to Master Rundle; drafted letter to Attorney Hoist AMS Meeting with client to discuss settlement 1.50 $125.00 187.50 offers (no charge); draft Petition to Enforce Marital Settlement Agreement 04/25/08 AMS Calculating figures for settlement 1.00 $125.00 125.00 Invoice #: 124660 Page 3 04/28/08 AMS Telephone call to client re: receipts and house payments 04/29/08 AMS Telephone call re: Verizon bill, Xerox financial record, 401(k), Volvo title 04/30/08 LGM Received and reviewed letter and Order from Domestic Relations Office; prepared copy to provide to client at 5/1/08 meeting AMS Prepared numbers for proposed settlement; calculated alimony/support Totals EXPENSES 04/30/08 Copying Fee Totals Total Fee & Expenses Previous Balance 04/16/08 Payment(s) Received Interest Due Balance Now Due $7,740.28 IMPORTANT NOTICES A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. May, 6, 2008 0.20 $125.00 25.00 0.20 $125.00 0.20 $175.00 0.50 $125.00 27.00 25.00 35.00 62.50 38.00 $4,343.00 7,841.21 4,597.50 $153.57 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 June 4, 2008 Inv #: 124959 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE AMOUNT 05/01/08 LGM Meeting with paralegal to prepare for meeting 2.80 $175.00 490.00 with client; meeting with client; telephone call with Domestic Relations Office confirming support numbers; drafted lengthy letter to Attorney Holst re: Deed, taxes, sewer lien AMS Meeting with Attorney Maclay and client re: 1.00 $125.00 0.00 settlement, alimony and support, home repairs, 401(k) and vehicles (no charge) 05/02/08 LGM Received, reviewed and replied to email from 0.20 $175.00 35.00 John Flavin re: mortgage payments/foreclosure; left messages for client on cell phone and home phone 05/03/08 LGM Received, reviewed and replied to email from 0.30 $175.00 52.50 John Flavin re: mortgage payments; telephone call with client re: same 05/12/08 LGM Received, reviewed and replied to email from 0.20 $175.00 35.00 Mr. Flavin re: real estate agent and listing house; received and reviewed responsive email from Mr. Flavin AMS Telephone call with client re: sales of house, 0.20 $125.00 25.00 bills and deed Invoice #: 124959 Page 2 June 4, 2008 05/14/08 LGM Prepare response to settlement proposal to 2.00 $175.00 350.00 opposing counsel 05/20/08 AMS Telephone call with client re: 0.30 $125.00 37.50 Deed/receipts/payment/putting house on market and scheduling to meet 05/22/08 LGM Telephone call with Kim Shade at Central 0.20 $175.00 35.00 Credit Audit re: status of payment M AMS J Telephone call with Paul Ruth re: payments, 0.20 $125.00 0.00 17' ?"f status of case (no charge) 05/23/08 AMS Left message for John Flavin re: homeowner's 0.20 $125.00 0.00 insurance (no charge) 05/27/08 LGM Received and reviewed fax from Mr. Flavin 0.90 $175.00 157.50 re: insurance cancellation; discuss with paralegal re: same; telephone call with Attorney Holst re: status; meeting with paralegal in preparation for tomorrow's meeting with client AMS Telephone call with client re: appointment 0.80 $125.00 100.00 tomorrow, house on market, homeowner's insurance; meeting with Attorney Maclay to prepare for meeting (no charge); edited excel spreadsheet 05/28/08 LGM Drafted and sent email to Attorney Holst re: 0.20 $175.00 35.00 client's meeting moved to Monday; drafted and sent email to John Flavin re: same AMS Telephone call with client re: car 0.30 $125.00 37.50 trouble/rescheduling appointment; edits to excel spreadsheet Totals 9.80 $1,390.00 EXPENSES 05/20/08 Filing fee - Office of Prothonotary - Subpoena 2.00 05/30/08 Copying Fee 10.00 Totals $12.00 Total Fee & Expenses $1,402.00 Previous Balance 7,586.71 Invoice #: 124959 05/15/08 Payment(s) Received Interest Due Balance Now Due IMPORTANT NOTICES Page 3 $4,845.66 June 4, 2008 A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. 4,343.00 $199.95 Please note we accept Visa, MasterCard and Discover. DALEYZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 June 30, 2008 Inv #: 125245 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION 06/02/08 LGM Met with Barb re: proposal & settlement discussions AMS Meeting with Attorney Maclay and Barb re: settlement proposal, receipts and property on market. AMS Telephone call with client re: updates 06104108 AMS Call with John Flavin re: mortgage and foreclosure; Met with Attorney Maclay re: same 06/09/08 AMS Telephone conference with Barb re: Health issues, Katie's car, part time jobs and items requested 06/12/08 KMG Received, read and reviewed e-mail re: Verizon account AMS Telephone conference with Upper Allen re: requesting documents; Telephone conference with Tax Claim Bureau re: requesting documents; Telephone conference with Central Credit Audit re: requesting documents; Telephone conference with Barb HOURS RATE AMOUNT 0.80 $175.00 140.00 0.80 $125.00 0.00 0.20 $125.00 25.00 0.30 $125.00 37.50 0.20 $125.00 25.00 0.20 $250.00 50.00 2.30 $125.00 287.50 Invoice #: 125245 Page 2 June 30, 2008 re: same and Katie's criminal and civil charges and updates; Begin to draft Petition to Enforce 06/16/08 KMG Telephone call with Attorney Parva at 0.50 $250.00 125.00 Verizon: re information respecting account; Drafted e-mail to Attorney Parva forwarding account information and requesting assistance AMS Telephone conference with Paul Ruth re: 0.30 $125.00 37.50 house repairs; left message for Barb re: same 06/17/08 KMG Received, read and reviewed e-mail from 0.20 $250.00 50.00 Attorney Paiva re: records review. LGM Met with paralegal to discuss her telephone 0.50 $175.00 87.50 conversation with Barb and to discuss status of settlement offer and how to handle missing information; reviewed and revised letter to Barb AMS Telephone conference with client re: father 1.50 $125.00 187.50 and receipts; draft letter to client re: receipts for settlement proposal; prepared letter to be mailed 06/18/08 KMG Drafted lengthy e-mail to Attorney Paiva re: 0.40 $250.00 100.00 records; Received, read and reviewed e-mail from Attorney Maclay LGM Received and reviewed email from Suzan at 0.50 $175.00 87.50 Verizon; reviewed file for information; responded to email from Verizon re: same AMS Received and reviewed email re: Verizon bill; 0.50 $125.00 0.00 met with Attorney Maclay re: same (no charge) 06/24/08 AMS Telephone conference with client re: 0.20 $125.00 25.00 extension on letter until Friday 06/25/08 AMS Received email from John Flavin; left 0.20 $125.00 25.00 message for client; telephone conference with client re: same and updates 06/26/08 AMS Telephone conferences with client re: 0.50 $125.00 62.50 propoasl updates 06/27/08 LGM Received and reviewed email from John 0.20 $175.00 35.00 Flavin re: foreclosure; received and reviewed message from Barb re: status Invoice 125245 Page 3 AMS Telephone conference with client re: support Totals EXPENSES 06/30/08 Copying Fee Totals Total Fee & Expenses Previous Balance 06/11/08 Payment(s) Received Interest Due Balance Now Due June 30, 2008 0.20 $125.00 25.00 10.50 $1,412.50 3.75 $3.75. $1,416.25 1,402.00 1,402.00 $0.00 $1,416.25 IMPORTANT NOTICES A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. DALEY ZUCKER MEIL TON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 July 31, 2008 Inv #: 125492 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE 07/22/08 AMS Received voicemail from client; left voicemail 0.20 $125.00 for client (no charge) 07/23/08 AMS Telephone call with Paul Ruth re: billing (no 0.20 $125.00 charge) 07/28/08 AMS Left voice message for client; telephone 0.20 $125.00 conference with client 07/29/08 KMG Drafted e-mail to Susan Parva re: information 0.20 $250.00 on account (no charge) LGM Received and reviewed email from Attorney 0.20 $175.00 Misturak-Cringrich to Suzan re: follow-up on Verizon invoice 07/31/09 AMS Received voice mail from client; telephone 0.20 $125.00 call with client Totals EXPENSES 07/31/08 Copying Fee 1.20 AMOUNT 0.00 0.00 25.00 0.00 35.00 25.00 $85.00 3.75 Invoice #: 125492 Page 2 July 31, 2008 Totals Total Fee & Expenses Previous Balance 07/24/08 Payment(s) Received Interest Due Balance Now Due IMPORTANT NOTICES $3.75 $88.75 1,416.25 1,416.25 $0.00 $88.75 A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. DALEYZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 August 29, 2008 Inv #: 125729 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE AMOUNT 08/07/08 LGM Met with Barb re: additional items needed to 1.50 $175.00 262.50 file Petition to enforce and time constraints - please obtain and provide us with requested documents as soon as possible AMS Met with client and Attorney Maclay (no 1.50 $125.00 0.00 charge) 08/08/08 LGM Received and reviewed email re: before and 0.10 $175.00- 0.00 after pictures; discussion with Paralegal Amanda Shull, please call Barb and advise that no letter or invoice were attached (no charge) AMS Telephone call with Client re: pictures and 0.20 $125.00 25.00 missing letter. 08/12/08 AMS Completed Spreadsheet of medical 1.40 $125.00. 175.00 reimbursements from 11-8-07 to present; updated medical reimbursement spreadsheet AMS Continued to draft Petition to Enforce 0.50 $125.00 62.50 Property Settlement Agreement and Attorneys Fees 08/13/08 LGM Received, reviewed and responded to email 0.40 $175.00 70.00 from John Flavin re: no money from Barb Invoice 125729 Page 2 August 29, 2008 AMS Left message for Client re: requested 0.80 $125.00 100.00 documents; continued to draft Petition to Enforce Property Settlement Agreement and Attorneys Fees; met with Attorney Maclay; Telephone call with Cumberland County ' Domestic Relations re: unreimbursed medical expenses 08/14/08 AMS Left message for client re: requested 0.10 $125.00 0.00 information (no charge) 08/18/08 AMS Telephone conference with client re: 0.40 $125.00 50.00 Domestic Relations Enforcement Hearing; Telephone call with Domestic Relations re: same 08/19/08 AMS Telephone call with Domestic Relations office 2.00 $125.00 250.00 re: unreimbursed medical expenses; Telephone call with client re: domestic relations and documents; continued to draft Petition; met with client 08/21/08 LGM Travel to and from and attendance at support 3.30 $175.00 577.50 enforcement conference; received and reviewed email from John Flavin re: delinquent mortgage and foreclosure proceedings; drafted letter to Barb enclosing email; drafted and sent letter to Attorney Holst providing medical reimbursement information AMS Telephone call with Cumberland County 0.20 $125.00 25.00 Domestic Relations and Attorney Holst re: - - - - --- follow-up -conference 26/08 LGM 08/ Received and reviewed Order requiring $900 0.40 $175.00 70.00 _ by 8/31/08; drafted and sent letter to Barb enclosing same and requesting additional information 08/27/08 AMS Telephone call with client re: paperwork; 1.50 $125.00 187.50 Completed drafting Petition to enforce; Telephone call with client re: foreclosure; telephone call with John Flavin 08/29/08 AMS Telephone call from client re: updates; 0.80 $125.00 100.00 received voice message from client re: status of sale of the house; sent emails to John Flavin; received voice message from client re: domestic relations payment Invoice #: 125729 Page 3 August 29, 2008 Totals 15.10 $1,955.00 EXPENSES 08/29/08 Copying Fee 52.25 Totals $52.25 Total Fee & Expenses $2,007.25 Previous Balance 88.75 08/14/08 Payment(s) Received 88.75 Interest Due $0.00 Balance Now Due $2,007.25 IMPORTANT NOTICES A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. DALEYZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 September 30, 2008 Inv #: 126010 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE AMOUNT 09/02/08 AMS Received and responded to email from John 0.50 $125.00 Flavin, received message from client; telephone call with Domestic Relations re: arrearages 09/03/08 LGM Reviewed and revised Petition to Enforce 1.50 $175.00 PSSA and Addendum 09/04/08 LGM Telephone conference with John Flavin re: 2.20 mortgage and status of settlement discussions and Petition; drafted letter to Attorney Holst re: taxes; received and reviewed letter from Attorney Holst re: support; drafted letter to Barb enclosing letter from Attorney Holst and support information; met with Paralegal Amanda Shull to review Petition to Enforce, additional information, and retroactive date for Petition with Court versus Domestic Relations and additional information needed 62.50 262.50 $175.00 385.00 - AMS Telephone call with the tax claim bureau re: 1.50 $125.00 187.50 upset sale; telephone call with client re: same; telephone call with John Flavin; Telephone call with Angie; made updates to Petition; met with Attorney Maclay Invoice #: 126010 Page 2 September 30, 2008 09/09/08 AMS Telephone call with Domestic Relations re: reimbursements; Telephone call with client re: access cards 09/10/08 LGM Left message for Attorney Holst re: payment of taxes; left message for Barb re: same; telephone conference with Attorney Holst re: same 09/11/08 LGM Telephone conference with Barb re: does she want to file for Emergency Relief re: taxes?; drafted and sent email to Attorney Holst re: same; received and reviewed responsive email from Attorney Holst re: same; telephone conference with Attorney Holst re: taxes 0.40 $125.00 50.00 0.20 $175.00 35.00 0.70 $175.00 122.50 09/12/08 LGM Received, reviewed and replied to email from 0.80 $175.00 140.00 John Flavin re: Mike's request that he pay taxes and Mike will pay him back; met with Barb briefly re: same; telephone conference with Attorney Holst re: status AMS Left message for opposing counsel re: 0.50 $125.00 62.50 payment of taxes; met with client 09115/08 LGM Received and reviewed voicemail message 1.60 $175.00 280.00 from Attorney Darren Holst re: 2006 taxes; telephone conference with Attorney Holst re: same; telephone conference with Barb re: same and re: getting money to Flavin; received and reviewed email from Attorney Holst; drafted and sent email to Flavin re: payment -of taxes; received and reviewed email from Flavin to Mike; received and reviewed email from Flavin AMS Update medical expenses spreadsheet, prepare 1.00 $125.00 125.00 for conference hearing (actual time 2.0 hours; bill 1.0 hour) 09/16/08 LGM Hearing preparation; telephone conference 5.00 $175.00 875.00 with Attorney Holst re: settlement offer; telephone conference with Barb re: same; 2nd telephone conference with Attorney Holst re: same; telephone conference with Rickie Shadday re: continuance; drafted letter to Rickie re: same; met with Barb to review medical expense documentation and discuss settlement offer; telephone conference with Invoice #: 126010 Page 3 September 30, 2008 Attorney Hoist re: settlement offer and additional terms/conditions AMS Corrections to spreadsheet and prescriptions; 1.50 $125.00 187.50 telephone call with Attorney Hoist re: continuance; draft letter to Domestic Relations re: continuance; met with Attorney Maclay and client (no charge) 09/17/08 LGM Received message from Barb; telephone 1.30 $175.00 conference with Barb re: her call this morning from Mike re: opening Katie's mail and re: settlement proposal for unreimbursed medical expenses; emailed Attorney Hoist re: settlement offer; received faxed letter from Attorney Hoist re: settlement offer; telephone conference with Barb re: same and whether to accept; drafted letter to Barb enclosing Attorney Holst's letter 09/18/08 LGM Telephone conference with Barb re: what does 0.70 $175.00 she want to do about medical reimbursement offer; left messages for Barb after my hearing re: same; received email from Attorney Hoist re: status; drafted and sent responsive email to Attorney Hoist re: same AMS Continued to work on Petition; excel 1.00 $125.00 spreadsheet of itemization of reimbursements due 09/19/08 LGM Telephone conference with Barb re: 0.40 $175.00 settlement offer on unreimbursed medical expenses and taxes; telephone conference with Attorney Holst re: acceptance of offer and terms of Stipulation 09/24/08 LGM Received message from Barb that 2006 taxes had not yet been paid and today is last day; attempted to contact John Flavin re: same; multiple telephone conversations with Attorney Hoist re: same; received confirming letter from Attorney Hoist re: taxes paid; telephone conference with Barb re: same 0.60 $175.00 AMS Telephone call with client re: taxes; left 1.20 $125.00 message for John Flavin re: same; sent email to John re: same; Telephone call with Tax Claim Bureau; Telephone call with client 227.50 122.50 125.00 70.00 105.00 150.00 Invoice #: 126010 Page 4 09/25/08 LGM Received and reviewed email from John Flavin re: taxes paid; discussion with Paralegal re: her discussion with Barb and status of money for John AMS Telephone call with client re: mortgage; telephone call with Attorney Hoist re: loan amount in New Jersey 09/26/08 AMS Left message for client re: mortgage (no charge) 09/30/08 LGM Drafted Unreimbursed Medical Expenses Stipulation; drafted and sent email to Attorney Hoist attaching proposed Stipulation AMS Met with Attorney Maclay re: Petition to Enforce; Telephone call with Attorney Hoist re: medical expenses Totals EXPENSES 09/30/08 Copying Fee Totals Total Fee & Expenses Previous Balance 09/30/08 Payment(s) Received Interest Due September 30, 2008 0.20 $175.00 35.00 0.30 $125.00 0.10 $125.00 2.00 $175.00 0.50 $125.00 25.70 37.50 0.00 350.00 62.50 73.25 JI $4,133.25 + 2,007.25 2,007.25 1 $0.00 Balance Now Due $49133.25 Invoice #: 126010 Page 5 September 30, 2008 IMPORTANT NOTICES A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. DALEY ZUCKER MEIL TON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 October 31, 2008 Inv #: 126288 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION 10/01/08 10/02/08- HOURS RATE AMOUNT LGM Received and reviewed letter from Attorney 0.20 $200.00 40.00 Holst re: tax pro-ration, Affidavits and Waivers AMS Telephone call with Attorney Holst re: 2007 1.00 $125.00 125.00 taxes; left messages for client re: Updated petition and excel spreadsheet LGM Received and reviewed-letter from-Attorney 0.50 $200.00 - 100.00 Holst re: proposed changes to Support Stipulation; telephone conference with Paralegal Amanda Shull, Barb and collection agency re: letter to Mike/Barb re: terms of repayment; received and reviewed letter from Attorney Holst re: tax breakdown, Affidavit and Waiver; left message for Jon Cramer re: drafting QDRO; received message from Jon re: same AMS Telephone call with client; telephone call with 0.70 $125.00 87.50 collection agency; telephone call with client 10/03108 LGM Telephone conference with Barb re: money 0.40 $200.00 for John and stopping in to sign her Affidavit and Waiver; emailed John re: money forthcoming 80.00 Invoice 4- 126288 Page 2 October 31, 2008 AMS Edits to Stipulation; Telephone call with 0.60 $125.00 75.00 client re: letter from collection agency 10/06/08 LGM Reviewed Attorney Holsfs proposed changes 1.00 $200.00 200.00 to the Support Stipulation; drafted and sent email to Attorney Holst responding to same; received and reviewed letter from Attorney Charles Shields re: security deposit and additional pro-rated rent AMS Telephone call with client re: updates (no 0.20 $125.00 0.00 charge) 10/07/08 LGM Reviewed attorney's fees and highlighted 0.60 $200.00 120.00 pertinent entries 10/08/08 AMS Excel Spreadsheet of Attorneys Fees 2.70 $125.00 337.50 10/10/08 LGM Received and reviewed copy of check and 0.20 $200.00 40.00 correspondence from John Flavin; left message for Attorney Holst re: no payment from Mike to John and no response on proposed Stipulation for unreimbursed medical expenses AMS Left message for client and Attorney Holst re: 0.20 $125.00 0.00 letter from Claim agency (no charge) 10/13/08 AMS Left message for client re: letter from claim 0.10 $125.00 0.00 agency (no charge) 10/14/08 LGM Telephone conference with Attorney Holst re: 0.40 $200.00 80.00 status of review of unreimbursed medical expenses and Mikes nonpayment to John i Flavin; drafted and sent email to'Attorney Holst forwarding John's email AMS Telephone call with client re: letter and 0.20 $125.00 25.00 meeting 10/16/08 LGM Received and reviewed letter from Attorney 0.70 $200.00 140.00 j { Holst re: reduction in supportlalimony effective 11/1/08; received, reviewed and replied to email from Rickie Shadday re: same; received and reviewed responsive email from Attorney Holst re: same; telephone conference with Attorney Holst re: Stipulation and payment to John Flavin Invoice #: 126288 Page 3 October 31, 2008 AMS Telephone call with client; telephone call with 0.50 $125.00 62.50 Attorney Holst; finalized Stipulation 10/17/08 AMS Left message for client re: letter (no charge) 0.10 $125.00 0.00 10/21/08 AMS Received message from client; left message 1.00 $125.00 125.00 for client; telephone call with Attorney Holst re: acceptance of service; prepared acceptance of service; telephone call with client; met with client 10/22/08 AMS Telephone call with Attorney Holst re: 0.40 $125.00 50.00 Stipulation and Affidavits and Waivers; Telephone call with Barb re: updates 10/27/08 LGM Drafted letter to Attorney Holst enclosing 0.40 $200.00 80.00 Stipulations and Barb's executed Affidavit and Waiver 1 10/28/08 LGM Received and reviewed October 21, 2008 0.40 $200.00 80.00 Final Support Order; drafted and sent letter to Barb enclosing same 10/30/08 LGM Received and reviewed letter from Attorney 0.50 $200.00 100.00 Holst re: finalization of Divorce; drafted letter to Barb enclosing same 10/31/08 LGM Received and reviewed letter from Attorney 0.30 $200.00 60.00 Holst to Curt Long; revised letter to Barb; telephone call with Barb re: finalization of divorce Totals 13.30 $2,007.50 EXPENSES 10/31/08 Copying Fee 16.50 Totals $16.50 Total Fee & Expenses $2,024.00 Previous Balance 4,133.25 Interest Due $2.04 ¦ Invoice #: 126288 Page 4 October 31, 2008 Balance Now Due IMPORTANT NOTICES $6,159.29 A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 November 26, 2008 Inv 4: 126486 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE AMOUNT 11/05/08 LGM Received and reviewed letter and enclosures 0.50 $200.00 100.00 from Attorney Holst to Domestic Relations enclosing Stipulation; drafted letter to Barb enclosing same 11/06/08 LGM Received and reviewed email from John 0.20 $200.00 0.00 Flavin; received and reviewed Divorce Decree (no charge)-- 11/07/08 LGM Received Divorce Decree; received and 0.60 $200.00 120.00 reveiwed email from John Flavin re: non-payment of mortgage; drafted letter to Barb re: same AMS Telephone call with John Flavin; draft letter to 0.50 $125.00 62.50 client re: Domestic Relations Stipulation and Order 11/10/08 LGM Received and reviewed 2 letters and 0.50 $200.00 100.00 enclosures from Attorney Holst re: Divorce Decree, Support Stipulation and letter from collection agency; drafted and sent responsive letter to Attorney Holst re: same AMS Left message for client re: letter from 0.10 $125.00 0.00 collection agency (no charge) Invoice #: 126486 Page 2 November 26, 2008 11/13/08 LGM Telephone conference with John Flavin re: 0.90 Interim mortgage payment offer; telephone conference with Barb re: same; 2nd telephone conference with John re: I talked to Barb about offer and we will get back to you on Monday $200.00 180.00 11/17/08 LGM Left messages for Barb re: John Flavin's offer 0.20 $200.00 0.00 and bill for electric company (no charge) 11/18/08 LGM 3 telephone conferences with Barb (2 re: offer 1.00 $200.00 200.00 from John Flavin and 1 re: health insurance); telephone conference with John Flavin re: mortgage offer; telephone conference with Attorney Holst re: health insurance 11/19/08 LGM Left messages for Barb on her home and cell 0.40 $200.00 80.00 phones re: COBRA coverage and John Flavin's offer regarding the mortgage; telephone conference with Barb re: same - she will call me tomorrow and let me know what she wants to do; telephone conference with Attorney Misturak-Gingrich re: contact at PUC; left message for contact at PUC re: outstanding electric bill 11/20/08 LGM Telephone conference with PUC re: past-due 0.30 $200.00 60.00 invoices and obtaining copies of same AMS Telephone call with Barb re: PUC; Telephone 0.40 $125.00 50.00 call with. John Flavin re: mortgage 11/21/08.__ _LGM_Telephone conference _with case worker at 1.40 $200.00 280.00 PUC re: electric bill; received message from Barb re: mortgage and health insurance coverage; drafted and sent email to John Flavin re: mortgage; drafted, sent and faxed letter to Attorney Holst re: health insurance coverage 11/24/08 LGM Received, reviewed and replied to multiple emails from John Flavin re: home owner's insurance; received and reviewed fax canceling home owner's insurance; multiple telephone conversations with Barb re: COBRA benefits; multiple telephone conferences with Attorney Holst re: COBRA and re: QDRO's; received and reviewed draft QDRO's; received and reviewed letter from 1.50 $200.00 300.00 Invoice #: 126486 Page 3 DRO requesting confirmation of health insurance coverage AMS Telephone call with Attorney Holst re: conference call; telephone call with Barb re: insurance 11/25/08 LGM Received and reviewed responsive fax from Attorney Holst to Rickie Shadday at Cumberland County Domestic Relations re: COBRA benefits; discussion with Amanda Shull re: same and re: Barb's request to come in to drop off paperwork AMS left message for client re: insurance; Telephone call with PUC; Telephone call with client re: same; telephone call with client re: updates Totals EXPENSES 11/26/08 Copying Fee Totals Total Fee & Expenses Previous Balance Interest Due Balance Now Due November 26, 2008 0.40 $125.00 50.00 0.20 $200.00 40.00 0.60 $125.00 9.70 75.00 $1,697.50 31.25 $31.25 $1,728.75 6,157.25 $55.03 $7,941.03 IMPORTANT NOTICES A 18% annum interest rate on all outstanding balances existing after thirty days will commence with this billing statement. Please note we accept Visa, MasterCard and Discover. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Ms. Barbara Millikan 56 Hellam Drive Mechanicsburg, PA 17055 December 31, 2008 Inv #: 126719 RE: Divorce Client No. 07-405 Matter No. 001 DATE LAWYER DESCRIPTION HOURS RATE AMOUNT 12/02/08 LGM Met with Barb and Paralegal Amanda Shull 0.50 $200.00 100.00 re: COBRA benefits; reviewed and revised letter to Attorney Holst AMS Met with client re: health insurance (no 0.40 $125.00 50.00 charge); draft letter to Attorney Holst re: same 12/03/08 LGM Telephone conference with Barb re: 0.40 $200.00 80.00 COBRA/Katie; reviewed and revised Ietterto Attorney Holst re: same AMS Telephone call with Barb re: COBRA; left 0.60 $125.00 75.00 message for Attorney Holst re: same; Telephone call with Attorney Holst; Multiple calls with client re: insurance; Draft letter to Attorney Holst confirming conversation 12/04/08 LGM Received confirmation of COBRA payment 0.10 $200.00 0.00 by Mike (no charge) AMS Telephone call with Barb re: COBRA (no 0.20 $125.00 0.00 i charge) 12/05/08 AMS Telephone call with Barb re: insurance (no 0.20 $125.00 0.00 charge) Invoice #: 126719 Page 2 December 31, 2008 12/09/08 AMS Telephone call with Client re: insurance; 0.40 $125.00 50.00 telephone call with Xerox re: same 12/11/08 AMS Telephone call with client; Telephone call 0.20 $125.00 0.00 with Xerox (no charge) 12/12/08 AMS Telephone call with Xerox; Telephone call 0.40 $125.00 50.00 with client 12/13/08 LGM Received and reviewed letter from Attorney 0.50 $200.00 100.00 Holst enclosing QDRO; compared QDRO language to PSSA; reviewed and revised letter to Barb 12/15/08 AMS Draft letter to client enclosing QDRO; left 0.30 $125.00 37.50 voicemail message for client 12/16/08 AMS Left message for client; Telephone call with 0.20 $125.00 25.00 client re: COBRA and mortgage payment 12/17/08 AMS Left message for client re: mortgage payment 0.10 $125.00 0.00 (no charge) 12/22/08 LGM Received and reviewed email from John 0.30 $200.00 60.00 Flavin re: no payment from Barb; responded to email from John re: same; received and _ reviewed responsive email from John re; same AMS Left multiple messages with client to return 0.20 $125.00 0.00 call re: Cobra, mortgage, and receipts (no charge) 12/23/08 LGM Received, reviewed and replied to email from 0.20 $200.00 40.00 John Flavin re: status of Barb - why is she not responding? AMS Attempted to contact client re: 0.20 $125.00 0.00 receipts/mortgage/COBRA (no charge) 12/29/08 LGM Received, reviewed and replied to email from 0.30 $200.00 60.00 John Flavin re: voluntary relinquishment of house; received, reviewed and replied to responsive email from John re: same AMS Received message from client re: 0.10 $125.00 0.00 hospitalization; left message for client re: same (no charge) 12/31/08 LGM Received signed QDRO; drafted letter to Barb 0.40 $200.00 80.00 enclosing same, emails, and referenced attempts to contact her Invoice #: 126719 Page 3 December 31, 2008 EXPENSES 12/31/08 Totals Copying Fee Totals Total Fee & Expenses Previous Balance Interest Due Balance Now Due 6.20 $807.50 63.50 $8,918.58 $63.50 t $871.00 7,886.00 $161.58 IMPORTANT NOTICES A 18% annum interest rate on all outstanding balances existing after thirty days will continence with this billing statement. Please note we accept Visa, MasterCard and Discover. 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MILLIKAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4392 CIVIL IN RE: PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND FOR ATTORNEY FEES ORDER OF COURT AND NOW, this 13th day of February, 2009, upon consideration of the Petition to Enforce Property Settlement Agreement and for Attorney Fees filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before March 9, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. L2) -7 [ .rat rtif C i .C Wd C l 03J 600Z . 4' % J, dsay Gingrich Maclay, Esquire /Attorney for Defendant ,Xarren J. Holst, Esquire Attorney for Plaintiff bas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, ) Plaintiff ) V. ) BARBARA R. MILLIKAN, ) Defendant ) NO. 2005-4392 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: Barbara R. Millikan, Defendant c/o Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 Telephone: (717) 657-4795 You are hereby notified to file a written response to the enclosed New Matter, in the form of Plaintiff's Counter-Petition for Enforcement, within twenty (20) days from service hereof or a judgment may be entered against you. Date: J Aj Darren J. H st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michael P. Millikan Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michael P. Millikan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, ) Plaintiff ) V. ) BARBARA R. MILLIKAN, ) Defendant ) NO. 2005-4392 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this day of 2009, upon consideration of Defendant's Answer and New Matter to Defendant's Petition to Enforce Property Settlement Agreement and for Attorneys' Fees, it is hereby ORDERED and DECREED that Plaintiff's Counter-Petition for Enforcement is GRANTED. Accordingly, the Court hereby ORDERS and DECREES as follows: 1. Defendant is hereby found in breach of the parties' Property Settlement Agreement dated May, 1998 and Addendum thereto; and 2. Plaintiff is hereby awarded, as and for damages, the sum of $ which includes his overpayment of support and counsel fees, costs and expenses incurred in defense of Defendant's breach. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: Darren J. Holst, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 Lindsay Gingrich Maclay, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109, (717) 657-4795 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Plaintiff NO. 2005-4392 CIVIL TERM V. BARBARA R. MILLIKAN, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER AND NEW MATTER TO DEFENDANT'S PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND FOR ATTORNEYS' FEES AND NOW, comes Plaintiff, Michael P. Millikan, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Answer and New Matter to Defendant's Petition to Enforce Property Settlement Agreement and for Attorneys' Fees and in support thereof states as follows: 1. Admitted. Hereafter, Defendant is referred to as "Wife," and the Hellam Street property is referred to as the "Marital Residence." Furthermore, both during marriage and after separation Wife has battled prescription drug addiction, which has impacted her mental and physical health. Wife's substance abuse issues contributed to the dissolution of the marriage. 2. Admitted. Hereafter, Plaintiff is referred to as "Husband." 3. Admitted. By way of further response, during marriage the parties had a daughter, Kate, age 20, who was in Husband's primary care following separation and prior to her attaining majority. Husband and Wife separated on August 8, 2005 when Wife vacated the Marital Residence during a time she was going through drug withdrawal and was in search of new prescription medicine. 4. Admitted. 5. Admitted in part; denied in part. Husband admits the parties executed a comprehensive Property Settlement Agreement (hereafter "Agreement") in May, 1998, which Agreement addresses the marital property and debts acquired by the parties. Husband denies the Agreement, by itself, disposes of all issues related to their marriage inasmuch the parties executed an Addendum to the Agreement on November 7, 2005, which Addendum compliments the Agreement. Wife was represented by counsel in the preparation and execution of the Agreement; Husband was pro se. 6. Admitted. By way of further response, the Addendum modified some aspects of the Agreement and ratified the Agreement in all other respects. Each party was represented by counsel for the preparation and execution of the Addendum. 7. Admitted in part; denied in part. Husband admits he possessed the Marital Residence from August, 2005, after Wife left, until November 17, 2005 when the parties executed their Addendum. While Husband further admits that, pursuant to the Addendum, he was afforded exclusive use and possession of the Marital Residence from November, 2005 until either August 31, 2007 or the date Wife's then current apartment lease expired without renewal, whichever date last occurred, he denies he occupied the Marital Residence until November 12, 2007. Wife's then current apartment lease expired on October 31, 2007, and Wife was able to take possession of the Marital Residence on November 1 s`. If Wife did not, in fact, take possession on November I", Husband is not responsible therefor. Husband had vacated the Marital Residence between August and October, 2007 and acquired a new residence in Carlisle before November 15C 2 Admitted in part; denied in part. Husband admits Wife accurately restates paragraph 1 of the Addendum. As a writing, the Addendum speaks for itself. Moreover, Husband admits he failed to take the steps to finish the hallway bathroom during his period of exclusive use and possession as set forth in paragraph 1. The materials had been purchased to complete this job, so little additional cost was required to be expended; thus, he denies Wife was required to expand the sums she did on this matter. Husband further admits he failed to make the mortgage payment for September and October, 2007, but he denies he failed to maintain the Marital Residence in a state similar to that which existed when Wife vacated the home in August, 2005. He therefore denies any alleged breach in that regard. 9. Admitted in part; denied in part. Husband admits paragraph 1 of the Addendum afforded Wife possession and ownership of the Marital Residence in 2007 when her then current apartment lease expired without renewal. Husband denies he failed or refused to vacate the Marital Residence per the Addendum when Wife's lease expired on October 31, 2007. He had vacated the home between August and October, 2007. Husband further denies Wife was precluded from taking possession of the Marital Residence until November 12, 2007. While some of Husband's personal items remained in the Marital Residence as of November V, the home was vacant, ready for immediate occupancy and in a state similar to that which existed when Wife vacated the residence in August, 2005. Husband had vacated the Marital Residence before November 1 S` and had already moved to a new residence. The fact Wife may haven taken possession of the Marital Residence after November I", and apparently incurred additional pro- rated rent for the month of November, 2007, is not as a result of Husband's failure to abide by the Addendum. Thus, he is not responsible for such pro-rated rent and strict proof thereof is demanded at trial. 3 By way of further response, Wife's Exhibit "D" reveals Wife failed to abide by her apartment lease by failing to pay certain expenses, totaling $448.87. These unpaid expenses are in addition to her failure to pay the pro-rated rent she incurred as a result of her own actions. Wife has failed to pay many of her obligations, including, but not limited to, the mortgage payments on the Marital Residence and taxes thereon during her use and occupancy thereof. 10. Admitted in part; denied in part. Husband admits he did not pay the mortgage on the Marital Residence for September and October, 2007, which resulted in $2,615.88 being. owed for those two months. Husband acknowledged this in a letter from his counsel to Wife's counsel dated April 22, 2008. A copy of Husband's counsel's letter of April 22, 2008 is attached hereto as Exhibit "A" and is incorporated herein by reference. Husband denies he was responsible for the November, 2007 mortgage payment inasmuch as he vacated the Marital Residence, per the Addendum, prior to Wife's lease expiring on October 31, 2007. Pursuant to paragraph 1 of the Addendum, Wife became solely responsible for all costs and expenses associated with the Marital Residence, including, but not limited to, the mortgage thereon, as of November I". Thus, Wife is responsible for the unpaid November, 2007 mortgage payment. Moreover, Husband denies he was responsible for paying the December, 2007 mortgage payment; again, Wife became responsible for all costs and expenses associated with the Marital Residence as of November I". Husband lacks independent information to know whether John Flavin, the holder of the mortgage, was threatening foreclosure at that time, but Husband admits Wife made such representations to him in the months following the resumption of possession. Furthermore, Husband understands Mr. Flavin is currently taking steps to foreclose on the property, given Wife's repeated failure to make the monthly mortgage payments. Husband recently received the required Notice of Foreclosure that is sent before a foreclosure 4 action commences. A copy of said notice is attached hereto as Exhibit "B" and is incorporated herein by reference thereto. The notice indicates Wife failed to make the monthly mortgage payments for January, February, May, July, August, September, November and December, 2008, and January and February 2009 (ten months out of twelve)! 11. Admitted in part; denied in part. Husband admits there were outstanding amounts owed on trash, water, electric the Verizon bills for periods prior to November 1, 2007, but Husband denies Wife was forced to incur responsibility therefor. Said bills were in Husband's sole name, and Husband is responsible directly to the providers for such unpaid bills. See Exhibit A. Furthermore, Husband denies Wife was forced to remove one ton of trash left in the residence by Husband, at a cost of $425.00, and strict proof thereof is demanded for that expense, as well as all other expenses in paragraph 11, at trial. To the extent Wife incurred such expenses unilaterally and needlessly, she is responsible therefor. There was items in the basement, which were there throughout marriage, that Husband left because it was not Husband's property. If Wife incurred costs in removing those items, Husband is not responsible therefor under the Addendum. 12. Admitted in part; denied in part. Husband admits there was an outstanding sewer bill at the time he vacated the Marital Residence, but he denies the amount of the bill was $1,322.64. Husband believes, and therefore avers, the amount owed at the time he vacated the home was $707.35. See Exhibit A. As the sewer debt acts as a lien on the property, Wife was not required to pay that debt personally on an immediate basis. Furthermore, Husband admits the 2006 taxes were past due, but he denies said taxes remain outstanding. Husband satisfied the 2006 back taxes, per the Agreement and Addendum, by entering into a private arrangement with Mr. Flavin last year. With respect to the 2007 real estate taxes, Husband admits said taxes remain past due, but he denies he is solely responsible therefor. Further, Husband denies the amount owed is $3,303.47, and strict proof thereof is demanded at trial. As of October 1, 2008, the outstanding 2007 real estate taxes stood at $3,218.29. Inasmuch as Husband's possession of the Marital Residence ended in October, 2007, and Wife's possession began in November, 2007, and given the relevant time period for the taxes, the parties are each responsible for a portion of the 2007 taxes. By letter dated October 1, 2008, Husband's counsel forwarded his calculation showing Husband was responsible for $1,426.10 on the 2007 real estate taxes, and Wife was responsible for $1,792.19. A copy of Husband's counsel's October 1, 2008 letter is attached hereto as Exhibit "C" and is incorporated herein by reference thereto. With respect to the remainder of paragraph 12, Husband is without independent information to know when the 2007 taxes must be satisfied, whether there is an outstanding balance owed to PP&L Electric, and what steps Wife's counsel has taken to address such matters. Therefore, to the extent a response is required, it is denied. Husband acknowledges the 2007 back taxes will be due in 2009, and responsibility therefor is to be allocated pursuant to the above. Husband denies responsibility for any outstanding balance owed to PP&L Electric, and strict proof thereof is demanded at trial. 13. Denied. Husband denies the Marital Residence was left in a condition that it was uninhabitable. To the extent the home could not be sold immediately, it was as a result of Wife's actions during marriage. Per the Addendum, Husband was only required to keep the home maintained. He was not required to put it in a state ready for sale. During marriage Wife put cigarette burns into the carpet, and her dog urinated throughout the home. Furthermore, Husband denies it was necessary for Wife to expend the sums set forth within her paragraph, and Husband denies he is responsible therefor under the Addendum. First, Husband vociferously denies any 6 need to replace the carpet. Husband had the carpet steam cleaned prior to vacating the home. Husband admits the carpet was in a poor state throughout the marriage, particularly because Wife, after routinely becoming under the influence, repeatedly burned the carpet with her cigarettes. She also allowed her pet to urinate on the carpet. Pursuant to the Addendum Husband was not obligated to replace the carpet; instead, he was merely obligated to maintain the home and be responsible for ordinary and routine maintenance and repairs. Husband complied with the Addendum. Husband disputed the carpet expenses in a letter from his counsel dated February 29, 2008, which is attached hereto as Exhibit "D" and is incorporated herein by reference thereto. By way of limited example, Wife had her own bedroom in the Marital Residence, and during marriage her incessant smoking (two packs per day) and constant inebriated state resulted in dozens of cigarette burns throughout her bathroom and bedroom. Her constant smoking also resulted in a yellow film throughout Her bedroom was in such a disgusting state, that Husband and Kate sealed off that room during their occupancy of the residence between 2005 and 2007. Husband denies responsibility for any of the expenses set forth within paragraph 13, and strict proof thereof is demanded at trial. To the extent Wife incurred such expenses, she did so unilaterally, needlessly or because of her own destruction; Husband is not responsible under the Addendum. In fact, the new carpet Wife has apparently put down following her resumption of occupancy is already destroyed by cigarette burns, urine stains, etc. 7 14. Admitted in part; denied in part. Husband admits he removed the boxwood shrubs from the front of the Marital Residence during his occupancy inasmuch as those bushes were dead, and they had been dying for years due to a fungal infection (in fact, the bushes were mostly dead when the parties resided in the home together prior to separation in 2005, and Wife demanded on several occasions prior to separation that Husband remove the shrubs). Wife even continued to insist post-separation that Husband remove the dead boxwoods. Husband denies his act of removing long dead landscaping in anyway breached the terms of the Addendum, and Husband further denies Wife was required to expend a total of $2,472.09 to install replacement landscaping. That sum is outrageous and unreasonable. By way of further response, Husband denies Wife needed to expend $2,068.56 at Home Depot buying a pavilion, and Husband further denies the remaining charges to Home Depot, indicated in Wife's Exhibit "I" relate to landscaping expenses. The tack strips, carpet tape, carpet trim and carpet itself clearly are not landscaping expenses. Furthermore, Husband denies Wife was required to expend $244.53 at Lowe's on a window box planter and a rose bush. Strict proof of the need for such expenditures is demanded at trial. 15. Admitted. Husband admits Wife accurately restates paragraph 2 of the Addendum. As a writing, the Addendum speaks for itself. Husband denies he has failed to make the required alimony payments. 16. Admitted. Husband admits Wife accurately restates paragraph 4 of the Addendum. As a writing, the Addendum speaks for itself. Husband denies he has failed to comply with the Addendum. 17. Admitted. Husband admits the total sum of $50,400.00 in alimony was due over the first two years of obligation. Moreover, the maximum amount in unreimbursed medical expenses he would owe under the Addendum for the first two years would be $9,600.00. 8 18. Denied. Husband denies he owes Wife $8,208.00 and strict proof thereof is demanded at trial. At a four party settlement conference on April 4, 2008, Husband submitted the maximum amount he could possibly owe in unpaid medical reimbursements is $3,715.00. However, Husband denied owing such money. For purposes of settlement, Husband was willing to agree to a total amount owed of $6,015.00, which included $2,300.00 in alleged missed alimony payments, which Husband denied owing. See Exhibit A. 19. Admitted in part; denied in part. Husband admits that, in breach of the Addendum, Wife filed an action for support in November, 2007, which resulted in Husband being forced to pay more than his contractual alimony obligation, and which further caused Husband to incur counsel fees in defense thereof. Husband's counsel sent correspondence in February, 2008 indicating that Wife's own breach, and the expenses Husband incurred thereon, must be considered. A copy of Husband's counsel's letter of February 22, 2008 is attached hereto as Exhibit "E" and is incorporated herein by reference thereto. Husband further admits that, on April 24, 2008, the parties executed a stipulation agreeing to have the alimony provisions of the Addendum enforced through an order of court. Husband further admits that, as a result of Wife's actions, he paid approximately $9,000.00 more in support than that called for under the Addendum. Husband denies he was credited $715.00 by the Domestic Relations Office, but he admits his support overpayment is between $6,750.00 and $9,000.00. Husband's new matter asserts his own petition for enforcement in light of Wife's own breach. 9 20. Denied. Husband denies he owes Wife $27,763.19 and strict proof thereof is demanded at trial. Husband admits some obligations under the Addendum remain outstanding and that he owes Wife some appropriate figure. Husband attempted to settle all issues in April, 2008. See Exhibit A. However, Wife also owes Husband damages, fees and costs as a result of her breach of the Addendum. Wife's obligation must be offset from Husband's obligation. 21. Admitted in part; denied in part. Husband admits the parties entered into a stipulation on October 31, 2008, in which Husband agreed to assume responsibility for Wife's outstanding hospital bill in the amount of $4,963.36 as and for full satisfaction of Wife's claim for owed unreimbursed medical expenses in 2008. Historically, Wife has failed to comply with the express terms of the Addendum by failing to provide Husband appropriate, original documentation of her expenditures, as submission of original documentation is a prerequisite to his obligation to reimburse her for unreimbursed medical expenses pursuant to paragraph 4 of the Addendum. Wife continues to fail to produce original documentation. Husband denies he has not taken the steps to pay the outstanding hospital bill. Husband was able to work out a payment arrangement with the collection agency, Accounts Recovery Bureau, Inc., to make payments over time. Husband was able to negotiate this agreement in approximately November, 2008. The collection agency was to send a letter memorializing the agreement, but because the hospital bill was in Wife's sole name, the agency insisted the letter be sent to Wife's address. Husband made multiple requests of Wife to forward to him a copy of the letter confirming his agreement with the agency. Wife consistently failed to do so. As a result, Husband was initially unsure as to where his payments were to be sent (as he expected such information would be set forth in the letter memorializing his agreement), but Husband has since ascertained the address and has begun making payments to the agency in accordance with the Agreement. Payment are made automatically to the agency. 10 22. Admitted. Husband admits Wife accurately restates paragraph 16 of the Addendum. As a writing, the Addendum speaks for itself. However, Husband points out paragraph 16 does not prescribe the precise manner in which Husband is to pay "the balance of reasonable full-time college expenses," and Husband denies he has failed to pay Kate's college expenses per the Agreement and strict proof thereof is demanded at trial. While Husband admits he and Kate mutually agreed Kate would take out student loans, as that was the most efficacious manner to pay for college expenses (because Wife's actions have destroyed Husband's credit), Husband denies he is not paying Kate's college expenses inasmuch as it is he who is paying Kate's student loans. This was an agreement between Husband and Kate, and it in no way violates the provisions of the Agreement. 23. Denied. Husband denies he is not abiding by the Agreement to pay Kate's college expenses. Husband and Kate agreed Kate would take out student loans and Husband would pay those loans on Kate's behalf. The manner in which Husband and Kate have coordinated the payment of her college expenses does not violate the Agreement. Wife was aware of this fact before she filed her petition as she spoke to Kate who confirmed the arrangement. Husband further denies engaging in multiple breaches of the Agreement and Addendum and strict proof thereof is demanded at trial. As set forth herein, Husband admits to several outstanding issues. 24. Admitted. Husband admits Wife accurately restates paragraph 8 of the Addendum. As a writing, the Addendum speaks for itself. 11 25. Denied. Said paragraph constitutes a prayer for relief to which no response is required. However, to the extent a response is necessary, Husband denies he should compensate Wife for all filing fees, costs and expenses and attorneys' fees incurred by Wife in the filing of her petition. While Husband acknowledges and agrees both the Addendum and the Agreement have paragraphs permitting a party to seek such expenses in the event of a breach, Husband denies such provisions are applicable herein. Several of Wife's actions have either been unreasonable or unnecessary. Wife, herself, breached the Addendum by filing an action for support in November, 2007, notwithstanding paragraph 2 of the Addendum, which provides Wife is to receive contractual alimony until October, 2009. Paragraph 2 provides the "alimony obligation shall be non-modifiable in duration or amount, it being understood the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other." The Addendum further provides the Agreement, in conjunction with the Addendum, constitutes a full and final resolution of all rights and obligations between the parties including, without limitation, support and maintenance. In filing a support action notwithstanding the Agreement and Addendum, Husband incurred counsel fees, costs and expenses in defending the action, and he overpaid his support obligation insomuch as the interim support order that was entered roughly doubled Husband's support obligation. Husband's counsel wrote to Wife's counsel on January 28, 2008 making formal demand that Wife withdraw her support complaint in light of both the Agreement and the Addendum. Said letter further provided that, if Wife did not withdraw her action, Husband was prepared to seek redress for the breach pursuant to the contract. A copy of Husband's counsel's letter of January 28, 2008 is attached hereto as Exhibit "F" and is incorporated herein by reference thereto. 12 26. Denied. Said paragraph constitutes a prayer for relief to which no response is required. However, to the extent a response is necessary, it is denied. Husband denies he should be found in contempt of court or that he should be held in breach of the Agreement and the Addendum and strict proof thereof is demanded at trial. 27. Denied. Said paragraph constitutes a request for relief to which no response is required. However, to the extent a response is necessary, it is denied. Husband denies he should be found liable for reimbursing Wife for any counsel fees, costs and expenses in filing this action, principally due to Wife's own breach of both the Agreement and the Addendum. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendant's Petition to Enforce Property Settlement Agreement and for Attorneys' Fees. NEW MATTER - COUNTER PETITION FOR ENFORCEMENT 28. The prior paragraphs of this Petition are incorporated herein by reference thereto as is set forth at length. 29. As outlined in both the Agreement and the Addendum, Wife accepted contractual alimony payments in exchange for waiving all other forms of support and maintenance. 30. Following execution of the Addendum, Wife ratified the Addendum by accepting the prescribed alimony payments. 31. Notwithstanding the clear language of the Addendum, on November 8, 2007, Wife filed a complaint for spousal support with the Cumberland County Domestic Relations Office, at action number 00672-S-2005, PACSES Case Number 442107583. 13 32. On December 12, 2007, following an initial conference, where Wife was represented by her current counsel and Husband appeared pro se, the Court entered an order obligating Husband to pay $3,100.00 per month in spousal support plus $200.00 on arrears, for a total monthly obligation of $3,300.00. 33. The Court's Order further set arrears at $5,489.11 as of December 12, 2007. 34. At the time the Court entered its spousal support order, the parties' Addendum afforded Wife alimony in the monthly amount $1,800.00. 35. Between November, 2007 and April 30, 2008, Husband was forced to overpay his alimony obligation between $6,750.00 and $9,000.00 as a result of Wife's filing for support. 36. Between January and April, 2008 Husband incurred counsel fees in the approximate amount of $7,205.00. 37. Since then Husband has continued to incur counsel fees, costs and expenses in addressing Wife's breach. 38. Husband continued to incur fees and costs and Wife pursued frivolous claims of lack of full and fair disclosure, which she ultimately dropped, even though Wife continued to ask for documentation unrelated to enforcement of the contract; this forced Husband to respond as indicated in Husband's counsel's letter of May 13, 2008, which is attached hereto as Exhibit "G" and is incorporated herein by reference thereto. 14 39. Pursuant to paragraph 8 of the Addendum, where a party breaches provisions thereof the other party is entitled to seek damages for breach, which damages include all costs and expenses actually incurred in the enforcement by the non-breaching party, including actual attorneys' fees. 40. After Wife obtained the spousal support order against Husband in contravention of the Addendum, Husband was forced to retain the undersigned counsel in defense thereof. 41. In addition to the significant counsel fees, costs and expenses Husband has incurred in pursuing Wife's breach, Husband must be compensated for his overpayment of support. 42. Pursuant to the express language of the Addendum, Wife should compensate Husband for all actual costs and expenses incurred in Husband's attempt to seek redress for Wife's breach, including payment of his actual counsel fees incurred in such endeavor. 15 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order granting his Petition for Enforcement and finding Defendant in breach of the provisions of both their Property Settlement Agreement and Addendum thereto. Plaintiff further requests this Honorable Court order Defendant to immediately pay Plaintiff, as and for damages, all fees, costs and expenses, including counsel fees, actually incurred by Plaintiff as a result of Defendant's breach of contract. / Respectfully submitted, Date: 3 ?3 0 /P- Darren J. H st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michael P. Millikan 16 VERIFICATION I, Michael P. Millikan, hereby swear and affirm that the facts contained in the foregoing Plaintiff's Answer and New Matter to Defendant's Petition to are true and Enforce Property Settlement Agreement and for Attorneys' Fees correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 3/13/09 IOW MICHAEL P. MILLIKAN LAW OFFICES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG. PENNSYLVANIA 17108 JOHN C. HOWETT. JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA McCLINCY DARR DEBRA M.SHIMP Legal Assistant April 22, 2008 (Dictated April 21, 2008) VIA FAX & MAIL (717) 657-4996 Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 Re: Millikan v. Millikan Dear Lindsay: (717) 234-2616 FAX (717) 234-5102 As a follow-up to our telephone calls of today, for purposes of resolving Thursday's hearing, my client will agree to the entry of an order enforcing the contractual alimony terms of the parties' 2005 Addendum, which would be enforced by way of wage attachment. To avoid any problems with the DRO, I would propose making the order effective May 1, 2008 with no arrears or credit due as of that time. The attorneys can calculate the amounts actually paid (or alleged to be owed) for the period the original order was in effect, as that impacts overall resolution of the outstanding contract enforcement issues. Please remember that, starting in May, Mike will begin to receive his pay on a monthly basis as opposed to a semi-monthly basis. This is important information for the wage attachment. It is my understanding your office will prepare the necessary agreement to allow the terms of understanding to be effectuated without the need for Thursday's hearing before Mike Rundle, Esquire. Please send me a draft at your earliest convenience. As to the overall enforcement issues, my impressions and Mike's proposal is as follows: Lindsay Gingrich Maclay, Esquire April 22, 2008 Pale Two While Barb filed for support in November, 2007, the DRO's order was not entered until late December, and it was not until December 31, 2007 that Mike's pay began to be garnished. Mike paid the contractual alimony until his pay began to be garnished. As our agreement is to have the contractual alimony amount to become effective May 1, 2008, between December 31 st , 01h there would be nine payment periods (Mike is presently paid semi-monthly, but and April ) that will change in May, when he will begin to. be paid on a monthly basis, with payment to be tendered at the end of each month). The total monthly support order is $3,300.00, which equals $1,650.00 semi-monthly. That amount multiplied by the nine charging periods results in a total garnished amount of $14,850.00 as of April 30`x. Between that same period, the contract obligated Mike to pay $1,800.00 per month, or $900.00 semi-monthly. That amount multiplied by the nine charging periods results in $8,100.00 as the amount actually owed under the contract. This would result in a support overpayment of $6,750.00 through April 30`h At the four party settlement conference, it was agreed that Mike failed to pay the monthly mort gage for September and October, 2007, which results in $2,615.88 owed. It was further agreed that Mike's share of the back taxes is $4,763.97. This totals $7,379.85. Mike further agreed for purposes of settlement he owed $1,500.00 as and for alimony for February, 2007 as well as $800.00 for November, 2006. As reflected by the payment history provided by Mike, along with his documentation, the total amount that Mike could possibly owe in alimony and medical expenses (exclusive of the $1,500.00 and $800.00 amounts) is $3,715.00. If you add that sum to $2,300.00, the total amount is $6,015.00 which could be the maximum amount owed in support and medical expenses. He does not necessarily agree that he owes Barb that amount, he will agree to that sum for settlement purposes. It was further agreed at the support conference that Mike owed outstanding amounts on trash, water, electric and the Verizon bill for periods prior to November 1, 2007. Mike owes this money directly to the providers, and his debt does not impact Barb. He will be responsible for these debts. As to sewer, the outstanding amount acts as a lien on the property. According to you, Mike owes $1,322.64 on the sewer. While Mike showed documentation suggesting that $707.35 is owed, for purposes of settlement I will presume that Mike, in fact, owes $1,322.64. Barb further asserted that Mike owed her roughly $5,000.00 for repair work done on the home. Mike disputes these sums, but he acknowledges he had an obligation under the agreement to finish the upstairs hallway bathroom. He maintains that all of the materials were previously purchased to effectuate that job. All that was needed was a person who could do the labor. He had spoken to a handyman, and he believes the labor could have been accomplished for $1,500.00. To the extent Barb paid any sums above and beyond that, she did so at her election, and the majority of Barb's expenditures on the home goes to maintenance relative to the sale of the home which, even if Mike was responsible therefor, it is clear under the contract he would receive a reimbursement from the sale proceeds to the extent it exceeded $500.00. For purposes of settlement, Mike is willing to acknowledge owing Barb $1,500.00 for the bathroom, but he disputes all other expenses. Lindsay Gingrich Maclay, Esquire April 22, 2008 Page Three If you add all of the above sums together, it results in Mike owing Barb $16,217.49. Subtracting therefrom the support overpayment of $6,750.00 results in an outstanding obligation of $9,467.49. Mike will agree to satisfy this obligation by paying to Barb an extra twelve months of alimony between November 1, 2009 and October 31, 2010 in the amount of $920.00 per month. This monthly figure assumes reasonable interest on the $9,467.49 present value obligation over the next two years, and insomuch as Barb has no other income, she will pay no taxes on this money. Mike would still be responsible for paying the utility obligations for the period prior to November 1, 2007 directly to the providers; Barb would satisfy the sewer obligation from the sale proceeds, and the sewer obligation is built into the amount alleged to be owed in the amount offered to be paid over time. While Mike is willing to agree to extend the alimony for one additional year, there would be no extension on the other obligations within the agreement, such as paragraph 4, relating to unreimbursed medical expenses, and paragraph 6, relating to maintenance and beneficiary designations on a life insurance. Those obligations would end per the Addendum. Each party would also be solely responsible for their own counsel fees. Please speak to your client and get back to me at your earliest convenience. I look forward to receiving the paperwork necessary to eliminate Thursday's hearing. Sincerely, D/,- Darren J. Holst DJH/djk cc: Michael P. Millikan 'NIICNAEL P. Millikan Date: March 6, 2009- - ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached oases. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help you save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving vour Countv are listed at the end of this Notice. If you have anv questions, you may call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPREN'DE EL CONTENIDO DO ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTA LLAMAMDO ESTA AGENCIA (PEENSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENDIANADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEWOWNER'S EMERGENCY MORTGAGE ASSISTTANCE PROGRAM' EL Mar 12 09 09:55a Karen Leon Leon Assoc S29 73n 1855 +0.3 CUAL PUEDE SALVAR SU CASES DE LA PERDIDA DEL DERE(HO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL & CURRENT LENDER/SERVICER: Micr.ael P. Millikan Barbara Millikan 56 Hellam Drive Mechanic:sburg, PA 17055 NA John Flavin HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (" THE ACT"),, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY- THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EX'LA NS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit . counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. 2 Mar 12 09 09:55a Karen Leon Leon F+ssoc S29 730 19^5 0.4 Only consumer credit counseling agencies have applications for the program and :hey will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYONG THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION. BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGE)`CY ACTION - Available (ands for emergency mo<<gage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date), NATURE OF THE DEFAULT - The MORTGAGE debt held by lender on your property located at: 56 Hellam Drive, Mechanicsburg, PA 17055 (Cumberland County) IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: January 2008, February 2008, May 2008, July 2008, August 2008, September 2008, November 2008, December 2008, January 2009, February 2009, at $1,237.93 each. Other charges(explain/itemize): $70.00 late fee for each month above. TOTAL AMOUNT PAST DUE: $13, 079.30 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Pay the 2007 Real Estate taxes when due. Pay tre current Hazard Insurance premium. HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $13, 0 7 9.30, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES W?IlCH BECOME DUE Mar 12 0° 9a:53a Ka-en Lecn Leon Qssoc 699 739 1905 p•5 DURPIG THE THIRTY (30) DAY PERIOD. Ra ments must be made either by cash, cashier's check or monev order made pavable and sent to: Richard Koch, in trust for John Flavin 101 South Market Street Mechanicsburg, PA 17055 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Provide receipts for payment of the 2007 Real Estate taxes for this property and the Hazard Insurance for this property. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged oroperty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THERTY (30) DAY period. you will not be required to pay attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by d paving the total amount then past due, plus any late or other charges then due, reasonable attorney fees an costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six ("611) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: John Flavin Address: c/o Richard Koch 4 Mar 12 U!2 US:bha Karen Leon Leon Hssoc UUy /JU ldur P?•b 101 South Market Street Mechanicsburg, PA 17055 Phone Numbers 717-691-1882 Contact Person: Richard Koch E-Mail Address: rk_ochlaw@verizon.net EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. 5 Mar 12 US UU:SUa Karen Leon Leon Hssac YOU MAY ALSO HAVE THE FIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDER TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 6 Mar 1;:f UU 'j,J- : t"/a `Caren Leer Leon +-Isso^ f3U?3 /JU 1bul CONSUMER CREDIT COUNSELEvG AGENCIES SERVING YOUR COUNTY ADAMS COUNTY INTERFAITH HOUSING AUTHORITY 40 E. High Street Gettysburg, PA 17325 717-3 34-15 18 CCCS OF WESTERN PA . 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 CONOAUNITY ACTION COMMSSION OF CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 717-232-9757 LOVESHIP, INC. 2320 North 5'h Street Harrisburg, PA 17110 MARANATHA 4; Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 800-342-2397 p. a 7 LAW OFFICES OF L HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG, PENNSYLVANIA 17108 JOHN C. HOWETT, JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA McCLINCY DARR DEBRA M. SHIMP Legal Assistant October 1, 2008 VIA FAX & MAIL (717) 657-4996 Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 Re: Millikan v. Millikan Dear Lindsay: (717) 234-2616 FAX (717) 234-5402 This morning I received a call from your office requesting my breakdown of the amounts owed by each party with respect to the 2007 real estate taxes. My breakdown is enclosed herewith, and this letter does address some other matters relative to this action. According to the tax claim bureau printout provided with your letter of September 41', the total balance owed for 2007 real estate taxes stands at $3,218.29. This amount is comprised of the following: A. City - Upper Allen Township taxes - $431.41; B. CLB - Upper Allen Township taxes - $33.91; C. Municipal Upper Allen Township taxes - $235.45; D. Mechanicsburg School taxes - $2,497.82; and E. Miscellaneous fees - $20.70 Pursuant to the Addendum, Mike is solely responsible for taxes associated with the home for the period of his occupancy, which ran through October 31, 2007. For all taxes accrued thereafter, Barb is responsible therefor. The first three taxes related to Upper Allen Township are issued in March of a given tax year and covers the calendar year in question. Therefore, for 2007, these taxes were issued on March 1 St and cover the period January, 2007 through December, 2007. As Mike was responsible for the first 10 months of these taxes, his share is $583.14. The last two months of that calendar year, which are Barb's responsibility, amount to $116.63. Lindsay Gingrich Maclay, Esquire October 1, 2008 Page Two The school tax is issued in July of a given year and covers taxes from July V of that year through June 8`h of the subsequent year. Therefore, the 2007 school tax was issued on July 1, 2007 and covers the period July, 2007 through June, 2008. Mike is therefore responsible for the taxes covering the period July through October, 2007, which equals $832.61. Barb is responsible for the remainder, which is $1,665.21. Finally, with respect to the miscellaneous fees of $20.70, the parties would share equal responsibility for such fees. Thus, each party is responsible for $10.35. Adding up the above results in Mike being responsible for $1,426.10 and Barb being responsible for $1,792.19. As you know, paragraph 7 of the Addendum calls for the parties to execute and file their affidavits of consent and waivers of notice. This was to have had occurred in June, 2006. Unfortunately, this did not occur. Enclosed with the mail copy of this letter you will find the affidavit of consent and waiver of notice to be signed and filed by your client. Please have her execute and file same. As provided in the addendum, execution of these documents is a condition precedent to the continued alimony payments. Our office is also forwarding documents to Conrad Siegel for purposes of preparing the necessary QDRO. Once a draft has been prepared, I will forward a copy to you for your review. Lastly, with respect to the draft medical expense stipulation, I expect to have the totality of my and my client's comments forwarded very shortly. However, for your information Mike did seek to have Accounts Recovery Bureau, the collection agency for Pinnacle, send him a letter outlining the terms of their agreed upon settlement. Because Barb was the patient at Pinnacle, the agency has advised Mike that HIPPA regulations prevent them from sending the settlement letter directly to him. Instead, they advised they would be sending a letter to Barb at her Mechanicsburg address. The letter also apparently will state that she has agreed to pay $400.00 per month (as opposed to Mike) in satisfaction of the debt. The phone number for the collection bureau is 1-800-966-1054, and the case number is 280216219. Barb can contact the agency and authorize them to send the settlement letter directly to Mike, indicating that he is the responsible party for repayment. Otherwise, the letter can remain as is, and once it is received by Barb, it can be attached to the stipulation. Clearly the stipulation obligates Mike to satisfy the terms of repayment (the agreed upon terms are $400.00 per month until the balance is paid in full). Sincerely, Darren J. Holst DJH/djk Enclosure cc: Michael P. Millikan (w/encl) V LAK 017RCES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OF=FICE BOX 310 HARRISBURG, PENNSYLCANI \ 17108 JOHN C. HOWETT. JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA %I. DARR DEBRA M. SHIMP Leeal Assistant February 29, 2008 Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 Re: Millikan v. Millikan Dear Lindsay: 17171 234-hlh FAX 17171 4-53112 Thank you for hand-delivering documents in the above-referenced matter. I have forwarded those documents to my client for his review, and while I certainly will have more comments following my client's review, and our discussion thereon, I do write briefly concerning my preliminary review. The document you provided on the homeowners' insurance indicates the policy effective date was November 21, 2007, after the date Barbara retook possession of the home (even assuming your argument she was unable to return to the home until November 15th). Barbara is solely responsible for all costs and expenses associated with the home after her resumption of possession. The document does not show there was a past due balance owed, for time Mike was in the home, so I fail to see how this is an expense he owes under the Agreement. The Agreement only required him to pay for household expenses during his occupancy, it did not require him to have any responsibility therefor after Barbara resumed possession. As I understand it, the previous insurance expired right before November, and since Barbara was returning to the home then, Mike was under no obligation to pay for insurance that would cover time Barbara would be in the home. With respect to the DPW documents, I note with interest the fact that Barbara never (not once) indicated on her application she was receiving, or she was entitled to receive, the contractual alimony. Also, her application lists Kate as a living with her, which suggests Kate is her dependent, even though Kate does not reside with Barbara nor is she a minor. Since Barbara did not seek benefits for Kate, I am uncertain as to why she would make such representations to the DPW. Lindsay Gingrich Maclay, Esquire February 29, 200S Page Two Finally, while your receipts show 55,068.56 being expended for new padding, carpet and vinyl throughout the home, these receipts, by themselves, fail to establish there was a need for replacement. Barbara's only entitled to recoupment of such fees if it can be established that it was necessary to make these replacements. I do look forward to meeting with you and your client next Thursday. Sincerely, --? D - Darren J. Holst DJH/glg cc: Michael P. Millikan LAW OFFICES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG. PLNNSYL`'A`IA 17108 JOHN C. HOWETT, JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA M. DARR DEBRA NI. SHINIP Legal Assistant February 22, 2008 VIA FAX & NIAIL (717) 657-4996 Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 Re: Millikan v. Millikan Dear Lindsay: (717)234.2616 FAX (717) 234-541)2 Thank you for your letter of February 201`', which appears to provide a virtually complete accounting of monies your client avers are owed to her under the agreement and addendum thereto. Your letter indicates some additional information with be forthcoming, and I look forward to receiving that as well as documentation of those expenses outlined within the letter. However, at this time I do provide a brief response to some of the points. Regarding the alimony obligation, this is not the first time Barb has alleged nonpayment. In early 2006, Barb actually filed a complaint for spousal support (notwithstanding the language of the agreement), and when she appeared at conference with her prior counsel in May, 2006, she then clarified that her request was not for actual support but a wage attachment for enforcement of the alimony obligation per the express language of the contract. In support thereof, she claimed Mike had failed to make multiple payments. However, I was able to produce documentation showing Mike had made complete and consistent monthly payments, thus establishing he was not in breach of the agreement. In light of that, the Court dismissed Barb's support complaint and refused to enter a wage attachment. While all of the alleged payment failures contained within your letter occur for a period after the DRO dismissed the initial request for wage attachment, my client disputes that such payments were not made. He will be compiling documentation of all expenses this weekend (he is presently out of town on business and will not return until Sunday), and I will forward documentation once received. Lindsay Gingrich Maclay, Esquire February 22, 2005 Page Two As to Barb incurring additional rental in the amount of S500.00, again my client dlsputes that she was unable to take possession of the house on November 16`. While some of his personal items remained at the residence, the home was ready for occupancy. Mike obviously disputes some of the other alleged amounts, and it will be necessary for your client to produce documentation confirming all alleged amounts. Moreover, even assuming, arguendo, Barb is entitled to any amount, that amount must be offset by the costs and expenses incurred by my client in having to defend against her instant request for spousal support. Her initiation of the action in contravention of the agreements constitutes a breach for which my client, as a non-breaching party, is entitled to receive all costs and expenses incurred as and for damages. Sincerely, Darren J. Holst DJH/djk cc: Michael P. Millikan LAW OFFICES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG. PE`NSti'L%'A`1A 17 108 JOHN C. HOWETT, JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA `I. DARR DEBRA M. SHIMP Legal Assistant January 28, 2008 VIA FAX & 1VIAIL (717) 657-4996 Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 Re: Millikan v. Millikan Dear Lindsay: (717123-4-2616 FAX 1717) 234-5402 As I advised on Thursday night, I have been retained by Mr. Millikan to represent him in matters attendant to the support filing initiated by Ms. Millikan on or about November 8, 2007. preface my opinion as to your client's legal ability to seek court ordered support with the following. In 1998 the parties executed a comprehensive Property Settlement Agreement, throughout which process your client had the benefit of legal representation. The first page of said agreement unequivocally states that it constitutes a full and final determination of all property and support rights as between the parties arising from their marriage. The agreement specifically provides that it does "fix and determine their rights and obligations with respect to alimony, alimony pendente lite, support and other economic issues in the event either party wishes at anytime to bring an action to dissolve the marriage on the event of the death of either party." The effectiveness of said agreement is in no way dependent upon a divorce decree, and it is without question each party had the benefit of full and fair disclosure given their acknowledgment of same. The agreement calls for support payments to commence upon the separation of the parties. A divorce is in no way a condition to the payments. The Court lacks any ability to modify the support payments; the only effective modification is a subsequent agreement entered into by the parties. Lindsay Gingrich %Iaclay, Esquire January 28. 200S Pa,e Two In November, 2005, the parties did just that. The parties executed an addendum to their 1995 Property Settlement Agreement, in which addendum both parties acknowledge the validity of the 1998 agreement. Again, similar to the 1998 agreement, the first page of the addendum unequivocally states that the addendum, in conjunction with the original agreement, constitutes a full and final resolution of each party's respective financial and property rights and obligations as between each other, including, support and maintenance of one another, and that said agreement constitutes a final determination "irrespective of the parties' continued cohabitation or marriage." Both parties acknowledged the benefit of full and fair disclosure, and Ms. Millikan was again represented by counsel. In paragraph 2 of the addendum the parties specifically modified their original support determination. Ms. Millikan agreed to accept four years of fixed support, identified as "alimony" for tax purposes within the agreement, commencing November 15, 2005. On page 6 of the addendum, it is clear Mr. Millikan's alimony obligation is non-modifiable in duration or amount and that the parties' agreement "constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other." The only basis for modification centers on the potential disability or loss of employment for Mr. Millikan; such has not occurred. The clear and unambiguous language of the agreement reveals there are no conditions on the support payments, such as the necessity of a divorce decree. Since the execution of both agreements, your client has taken affirmative steps to ratify their validity. On several occasions, your client (through prior counsel) sent correspondence alleging breach on the part of Mr. Millikan and demanding compliance therewith. Moreover, it is clear both parties have acted in a manner that establishes ratification insomuch as each party has taken affirmative steps to complete obligations under the agreement (e.g., Mr. Millikan moving out of the residence to allow Ms. Millikan to return, continued support payments following execution, payment of unreimbursed medical expenses, etc.). In fact, the support conference officer's factual summary reveals your client did not contest the validity of the agreement at the conference. After all, the conference officer did selectively adopt terms of the agreement such as Mr. Millikan's agreement to pay $4,800.00 per year on unreimbursed medical expenses, and the officer acknowledges the existence of both agreements. The factual summary is replete with allegations by Ms. Millikan of Mr. Millikan's breach of both agreements. From what I can discern from the conference summary notes, as well as your representations on Thursday, is that the agreement was disregarded solely because the parties are not divorced. I am utterly perplexed by any such determination by the Domestic Relations Office, as such a conclusion is contrary to basic bedrock law. Lindsay Gingrich %Iaclay, Esquire January 2S, 2005 Pa,-,e Three It is without question that all agreements between spouses, be they pre-nuptial agreements, mid-nuptial agreements or post-nuptial agreements, are premised upon traditional contract law. Parties are bound by their agreements, and the only challenges available are lack of full and fair disclosure, fraud or duress, none of which apply here. A contract can be modified in the event of ambiguity, but again the parties' agreement is not ambiguous; it is crystal clear. Moreover, it is elementary that a property settlement agreement is an independent contract that is in no way dependent upon the marital status of the parties. Such contracts remain effective upon execution irrespective of whether the parties remain separated indefinitely, reconcile or subsequently remarry. The case law on the subject is legion. Thus, the fact that Mr. and Ms. Millikan have remained separated since November, 2005, and have not taken affirmative steps to finalize their divorce, in no way nullifies or abrogates their agreement or permits your client to seek court ordered stipport where it is specifically waived. Any argument to the contrary is simply a play on semantics that is not supported by the law. Similarly, any argument that the parties' agreement applies solely to post-decree alimony and not all forms of support (such as spousal support or alimony pendente lite) is without merit. Established Pennsylvania case law provides that when the parties contractually establish their support obligations, and conclusively waive all other forms of support, only the support that is contracted is due and payable and all other forms of support are waived. An agreement need not specifically reference all statutory support obligations. In this case, Ms. Millikan executed an agreement in which she specifically acknowledged she would receive four years of fixed support and she was waiving any and all other rights of support. A contrary interpretation would nullify the parties' specific language that the contractual alimony obligation is non-modifiable and that their agreement constitutes a final determination for all time of either party's obligation to provide support and maintenance to the other. Again, this would simply be a play on semantics inconsistent with established law. Thus, with all due respect, please accept this letter as formal notice that your client is in breach of the existing agreement by requesting court ordered support. Further, please accept this letter as formal demand that, if your client does not withdraw her existing action with prejudice, and agree that Mr. Millikan receives credit for any payments made through the Domestic Relations Office as and for his contractual support obligation, my client will formally seek redress for the breach, including a request for counsel fees. To the extent your client asserts Mr. Millikan is in breach of the agreement, please provide a listing of alleged non-compliance, and I am confident those matters can be resolved expeditiously. Lindsay Gingrich'vlaclav, Esquire January 28, 2008 Pare Four If GIs. MMillikan does not withdraw her claim, I will be seeking a continuance of the February 25, 2008 hearing in order to allow our office to obtain an independent medical examination of Ms. Millikan, as well as a vocational evaluation, in light of her assertions of disability. Moreover, given the clear case law that supports the effectiveness of the existin'i agreement, and the waiver of support, I will further seek a stay of the support action to allow the Court to initially determine Ms. Millikan's legal entitlement to seek court ordered support notwithstanding the contractual agreement. Addressing that issue first is the most effective use of judicial resources. Finally, a refusal to withdraw the support action will be viewed as your client disavowing, and thus rescinding, the existing agreement. In that case, and if the Court permits Ms. Millikan to seek court ordered support, Mr. Millikan will seek equitable distribution of the marital estate, and in particular he will seek his equitable share of the marital residence. The property dispositions of the existing agreement are quite favorable to your client, and it is likely she would receive less property in equitable distribution. To the extent the assets other than the marital residence are insufficient to effectuate an equitable division, Mr. Millikan will seek an order requiring the sale of the home in order to divide the proceeds. Please do not hesitate to contact me to discuss the case in more detail. Nevertheless, if I do not hear from you by Thursday, January 31, 2008, I will take the steps to continue the underlying support hearing, request a stay to allow the Court to address the legal issue of validity of the support request as a preliminary matter, and I will make my formal request for counsel fees. C-----__Sincerely, Darren J. Holst DJH/djk cc: Michael P. Millikan LAw OFFICES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG. PEN`SWIANIA 17108 JOHN C. HOW'ETI'. JR. DONALD T. KISSINGER DARREN 1. HOLST (717) 234-2616 REBECCA MCCLINCY DARR FAX (717) 331-5402 DEBRA M. SHIMP Legal Assistant May 13, 2008 Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 Re: Millikan v. Millikan Dear Lindsay: Please accept this letter as a response to your correspondence of April 24`h and May 2nd In your April 24th letter, you asked that Mike obtain copies of the backs of the support checks to determine whether they were endorsed by Barb. First, I presume the only checks for which you require the backs are the actual support payments (as opposed to the rent payments). If so, there are 19 checks for which you are asking for documentation. Mike has confirmed that Members First will charge a research and copy fee of $79.00 for the credit union to copy the backs of those 19 checks. If your client wishes to have those copies made, she may remit $79.00 to Members First. However, Mike will not shoulder that expense in order to provide the requested documentation, nor is he obligated to do so since Barb can obtain those documents at her cost. In your May 2"d correspondence your request that Mike provide end of year statements on his 401(K) account. I am perplexed as to why such a request is now being made when there has already been acknowledgment that Barb abandoned her tenuous challenge to the agreements based upon a lack of full and fair disclosure. As both the agreement and the addendum are valid and enforceable, and the 401(K) is Mike's separate property, there is no basis for Barb now to request such information, and Mike is disinclined to provide same. Y ? Lindsay Gingrich Maclay, Esquire May 13, 2008 Page Two As to the remaining parts of your May 2' letter, it would appear Barb is rejecting the settlement proposal made by Mike. If so, please confirm and provide a counterproposal at your earliest convenience. As to the sewer bill, $1,322.64 was the amount due and owing in April of 2008. As of November 2007, the amount owed was $707.35. I acknowledge there is interest and fees charged to the balance outstanding as of November, but the amount is presently owing would seem to include current charges for the period after November 2007. The sewer charges at approximately $112.00 per quarter. Between November, 2007 and April, 2008 there were six months where Barb would have been responsible for the sewer payments. Mike would not be responsible for any amounts relative to her period of occupancy. Finally, as to the Volvo while you are correct the car is driven by Kate, the car is not jointly titled. That vehicle existed at the time the parties executed their 1998 settlement agreement, and that vehicle was in Mike's possession. In 1998, Barb had a Lexus ES 300, and pursuant to their 1998 agreement Mike received the Volvo as his property and Barb received the Lexus as her property. After execution of that 1998 agreement, Barb actually totaled her Lexus, and the insurance proceeds on that vehicle, which were in the joint names of the parties, was signed over to Barb. She received those proceeds as her separate property insomuch as the Lexus was awarded to her under the 1998 agreement. Therefore, there is no reason to provide information in order to ascertain a current Kelley Blue Book value. However, if Barb wishes to have that information, she can ask Kate directly since Kate continues to drive the vehicle. Sincerely, Darren J. Hoist' DJHJdjk cc: Michael P. Millikan v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Plaintiff ) NO. 2005-4392 CIVIL TERM V. ) BARBARA R. MILLIKAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Michael P. Millikan, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Answer and New Matter to Defendant's Petition to Enforce Property Settlement Agreement and for Attorneys' Fees was served upon Lindsay Gingrich Maclay, Esquire, counsel for Barbara R. Millikan, Defendant, by depositing same in the United States mail, first class, on March 13, 2009, addressed as follows: Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Date: ?3 / ?? y YzMb Darren J. H st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michael P. Millikan C?J Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 hnaclayAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Plaintiff Docket No. 2005-4392 (Civil Term) V. BARBARA R. MILLIKAN, Defendant CIVIL ACTION- LAW (In Divorce) DEFENDANT'S ANSWER TO PLAINTIFF'S NEW MATTER TO DEFENDANT'S PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND FOR ATTORNEY'S FEES AND NOW, comes Defendant, Barbara R. Millikan, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and hereby files this Answer to Plaintiff's New Matter to Defendant's Petition to Enforce Property Settlement Agreement and For Attorney's Fees and in support thereof states as follows: 28. Defendant, Barbara R. Millikan, incorporates by reference, as if set forth in their entirety, the allegations in Paragraphs 1 through 27 of her Petition to Enforce Property Settlement Agreement and for Attorney's Fees. 29. Admitted in part, denied in part. It is admitted that Wife agreed to waive her right to spousal support and APL in exchange for the terms of the agreement as set forth in the parties' Agreement and Addendum, documents which speak for themselves and which included terms for alimony payments to be timely made to Wife by Husband. It is denied that Wife waived "all other forms of support and maintenance" as, there is also contained in the Agreement and Addendum, an obligation for Husband to timely reimburse Wife for a portion of her unreimbursed medical expenses. By way of further answer, Husband was not timely with either his alimony payments, or his reimbursement of Wife's unreimbursed medical expenses. As Wife's sole source of income is Husband's alimony payments and reimbursement to her for a portion of her unreimbursed medical expenses, and Wife was now in possession of the encumbered marital residence, which was significantly in arrears when she took possession, and because Wife spends thousands of dollars per year in unreimbursed medical expenses for necessary prescriptions, Wife had no choice but to seek public assistance. In so doing, the Department of Public Welfare, before they would consider her application for assistance, insisted that she file a support action against Husband since the parties were still married. Moreover, the parties' Agreement and Addendum specifically allows Wife to file an action through the Domestic Relations Office to have Husband's wages garnished to ensure prompt and timely payment of Husband's alimony obligation to Wife in the event that he was not timely making his payments. 30. Admitted in part, denied in part. It is admitted that Wife accepted and ratified the Addendum by accepting alimony payments from Husband; however, it is specifically denied that Husband made the "prescribed alimony payments." By way of further answer, Wife would have continued to accept the contractual alimony payments from Husband, had Husband been making the payments timely and consistently; however, Husband was not making the contractual alimony payments to Wife timely nor consistently, thereby causing Wife to fall behind on outstanding obligations that she had and necessitating Wife to seek public assistance. Moreover, Wife had obtained new counsel to review the Agreement and Addendum because she believed that she had uncovered new evidence of additional assets held by Husband at the time of the marriage, which had not been considered or listed in the parties' Agreement or Addendum, and she was seeking legal advice to determine if she should seek to have the Court declare the parties' Agreement and Addendum invalid due to a lack of full and fair disclosure. 31. Admitted in part, denied in part. It is admitted that Wife filed a Complaint for Support; however, it is specifically denied that she did not have a right to do so under the clear language of the Addendum. By way of further answer, Husband was not timely with either his alimony payments, or his reimbursement of Wife's unreimbursed medical expenses. As Wife's sole source of income is Husband's alimony payments and reimbursement to her for a portion of her unreimbursed medical expenses, and Wife was now in possession of the encumbered marital residence, which was significantly in arrears when she took possession, and because Wife spends thousands of dollars per year in unreimbursed medical expenses for necessary prescriptions, Wife had no choice but to seek public assistance. In so doing, the Department of Public Welfare, before they would consider her application for assistance, insisted that she file; a support action against Husband since the parties were still married. Moreover, the parties' Agreement and Addendum specifically allows Wife to file an action through the Domestic Relations Office to have Husband's wages garnished to ensure prompt and timely payment of Husband's alimony obligation to Wife in the event that he was not timely making his payments. 32. Admitted. By way of further Answer, the December 12, 2007 Court Order is a writing that speaks for itself. Moreover, during the support conference, Domestic Relations Conference Officer, Rickie Shadday, was made aware of and provided copies of the existing Agreement and Addendum; however, she decided to run the support numbers given the parties' incomes and she subsequently entered the December 12, 2007 Order setting Husband's support obligation as prescribed therein. 33. Admitted. By way of further Answer, the December 12, 2007 Court Order is a writing that speaks for itself. Moreover, during the support conference, Domestic Relations Conference Officer, Rickie Shadday, was made aware of and provided copies of the existing Agreement and Addendum; however, she decided to run the support numbers given the parties' incomes and she subsequently entered the December 12, 2007 Order, setting a retroactive date for the Order and thereby calculating Husband's arrearage under said Order. 34. Admitted in part, denied in part. It is admitted that at the time the Court entered its spousal support Order, the parties' Addendum afforded Wife alimony in the monthly amount of $1,800.00; however, it is specifically denied that Husband was making those payments to Wife either timely or consistently. By way of further Answer, Husband was not timely or consistent with the contractual alimony payments owed to Wife pursuant to the parties' Addendum. As Wife's sole source of income is Husband's alimony payments and reimbursement to her for a portion of her unreimbursed medical expenses, and Wife was now in possession of the encumbered marital residence, which was significantly in arrears when she took possession, and because Wife spends thousands of dollars per year in unreimbursed medical expenses for necessary prescriptions, Wife had no choice but to seek public assistance. In so doing, the Department of Public Welfare, before they would consider her application for assistance, insisted that she file a support action against Husband since the parties were still married. Moreover, the parties' Agreement and Addendum specifically allows Wife to file an action through the Domestic Relations Office to have Husband's wages garnished to ensure prompt and timely payment of Husband's alimony obligation to Wife in the event that he was not timely making his payments. 35. Admitted in part, denied in part. It is admitted. that Husband overpaid his contractual alimony obligation under the amounts prescribed by the Addendum; however, it is specifically denied that he overpaid his obligation pursuant to the December 12, 2007 Court Order. By way of further Answer, Wife is providing Husband a credit of $8,285.00 for overpayment of his alimony obligation to her as supported in the calculation of the amount owed to Wife pursuant to Husband's alleged breaches to the Agreement and Addendum (see Exhibit 'T" of Wife's Petition to Enforce Property Settlement Agreement and for Attorney's Fees). 36. Denied. Wife is without knowledge sufficient to form an opinion as to the amount or reasonableness of attorney's fees incurred by Husband and strict proof thereof is demanded at trial. 37. Denied. It is specifically denied that Husband has continued to incur counsel fees, costs and expenses in "addressing Wife's breach". By way of further Answer, if Husband has continued to incur counsel fees, costs and expenses, presumably since April of 2008, it has been due solely to Husband's continual and ongoing breaches of the Agreement and Addendum. Moreover, Wife is without knowledge sufficient to form an opinion as to whether Husband has continued to incur attorney's fees, costs and expenses and strict proof thereof is demanded at trial. 38. Admitted in part, denied in part. Wife is without knowledge sufficient to form an opinion as to whether Husband has continued to incur fees and costs; however, it is specifically denied that if Husband has continued to incur such fees and costs, that it was due to Wife's pursuit of "frivolous claims of lack of full and fair disclosure". If Husband has continued to incur fees and costs, it is as a result of his continued breaches of the Agreement, Addendum and subsequent Stipulations and Agreements entered into by the parties. By way of further Answer, in requesting documentation from Husband, through his counsel, Wife was seeking documentation regarding undisclosed marital assets, which Husband ultimately provided; however, after reviewing the documents with an actuary and discussing the costs and benefits of pursuing litigation to void the parties' Agreement and Addendum, and because the parties and counsel seemed hopeful to be able to reach a global resolution of all matters, Wife elected not to pursue litigation to have the Agreement and Addendum declared invalid due to a lack of full and fair disclosure. 39. Admitted. Wife admits that Husband accurately restates Paragraph 8 of the Addendum; however, the Addendum is a writing that speaks for itself. 40. Denied. Attorney Holst is counsel of record for Husband and was involved on behalf of Husband prior to the entry of the December 12, 2007 Support Order. By way of further Answer, Attorney Holst negotiated, on behalf of Husband, the terms of the Addendum. In fact, Wife believes that Attorney Holst drafted the Addendum. Moreover, it is believed that if Husband had to re-involve Attorney Holst, it was because of his continued and ongoing breaches of the Agreement and Addendum. 41. Admitted in part, denied in part. It is admitted that Husband should be compensated for his overpayment of support. By way of further Answer, Wife, in her calculations of the amount owed to her pursuant to Husband's breaches of the Agreement and Addendum, credits Husband $8,285.00 for said overpayment. Wife is without knowledge sufficient to form an opinion as to the amount or reasonableness of attorney's fees, costs and expenses incurred by Husband; however, Wife specifically denies that Husband has incurred such attorney's fees, costs or expenses due to her alleged breach. Wife, instead, insists that the attorney's fees, costs and/or expenses have been incurred as a result of defending Husband's ongoing breaches of the Agreement, Addendum, and additional Stipulations and Agreements entered into by the parties. Strict proof of any and all attorney's fees, costs and expenses and the reasons same were incurred, are therefore demanded at trial. 42. Denied. It is specifically denied that Wife has breached either the Agreement or Addendum and therefore, Wife should not have to compensate Husband for any attorney's fees, costs or expenses. By way of further .Answer, Husband has, and repeatedly continues to breach the Agreement, Addendum and additional Stipulations and Agreements entered into by the parties and therefore, Husband should, pursuant to the terms of the Agreement and Addendum, reimburse Wife for any and all attorney's fees, costs and expenses incurred by her as a result of Husband's continual and ongoing breaches. WHEREFORE, Defendant, Barbara R. Millikan, respectfully requests this Honorable Court deny Plaintiffs Counter Petition for Enforcement and deny Plaintiff's request for attorney's fees, costs and expenses. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: YiI ?. 2 By: f AAitt dsa y G' h acla orn ey 1:. 79 54 4 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney f '9r Defendant VERIFICATION I, Barbara R. Millikan, Defendant, verify that the statements made in this Answer to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: CO (? Barbara R. Millikan, Defendant CERTIFICATE OF SERVICE AND NOW, this I day of yl , 2009, I, Amanda M. Shull, Paralegal, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the Defendant's Answer to Plaintiff's New Matter to Defendant's Petition to Enforce Property Settlement Agreement and Attorney Fees, by mailing same by first class mail, postage prepaid, addressed as follows: Darren J. Holst, Esquire Howett Kissinger & Holst, PC 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Plaintiff DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Clil'1 / U Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 F! LEU-Ct. -7.1OF THE 2 U 0 9 APR I"I ?? ?l ; : 23 V • i MICHAEL P. MILLIKAN, PLAINTIFF V. BARBARA R. MILLIKAN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 05-4392 CIVIL ORDER OF COURT AND NOW, this 17th day of April, 2009, upon consideration of the Petition to Enforce Property Settlement Agreement and for Attorney Fees filed by the Defendant, the Answer filed by the Plaintiff and the Defendant's Answer to Plaintiff's New Matter, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Wednesday, August 26, 2009, at 9:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall be considered the moving party and the parties shall file a pre-hearing memorandum with the Court on or before August 7, 2009, in the following format: I. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at the hearing. IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. By the Court, N\, I, ),-A \? M. L. Ebert, Jr., J. Li C7, C7 ^v Darren J. Hoist, Esquire Attorney for Plaintiff /Lindsay Gingrich Maclay, Esquire Attorney for Defendant bas t-ss YIKZ-L LL 1 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmacla y a,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Plaintiff/Respondent Docket No. 2005-4392 (Civil Term) V. BARBARA R. MILLIKAN, Defendant/Petitioner CIVIL ACTION- LAW (In Divorce) ADDENDUM TO BOTH PROPERTY SETTLEMENT AGREEMENT OF MAY, 1998 AND TO THE NOVEMBER 17, 2005 ADDENDUM TO THE PARTIES' PROPERTY SETTLEMENT AGREEMENT OF MAY, 1998 THIS ADDENDUM to the parties' May, 1998 Property Settlement Agreement and to the November 17, 2005 Addendum to the parties' May, 1998 Property Settlement Agreement, is entered into and becomes effective this / (-/ 4day of J fl , 2009, by and between MICHAEL P. MILLIKAN, of Titusville, New Jersey, and BARBARA R. MILLIKAN, of Cumberland County, Pennsylvania: WITNESSETH: WHEREAS, Michael P. Millikan (hereinafter referred to as "Husband") and Barbara R. Millikan (hereinafter referred to as "Wife"), who were married on July 31, 1981, and entered into a Property Settlement Agreement in May of 1998 (hereinafter referred to as "Agreement") at a time when the parties were not contemplating separation or divorce; and WHEREAS, said Agreement fully and finally resolved the parties' respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, irrespective of the parties' continued cohabitation and marriage; and WHEREAS, the parties are the biological parents of one child, Kate W. Millikan, born July 15, 1988; and WHEREAS, on August 8, 2005, the parties physically separated when Wife vacated the parties' residence located at 56 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence"); and WHEREAS, on August 25, 2005, Husband filed a Divorce Complaint at the above-referenced term and number; and WHEREAS, sometime after the filing of the Divorce Complaint, Wife returned to the Marital Residence; and WHEREAS, as a result of Wife's return to the Marital Residence, the parties, with the assistance of counsel, negotiated and entered into the November 17, 2005 Addendum, which modified certain provisions of the Agreement and ratified the remaining provisions of the Agreement in light of the parties' anticipated physical separation and divorce; and WHEREAS, the parties were divorced on November 4, 2008; and WHEREAS, since the parties entered into the Addendum, both Husband and Wife have alleged, against one another, numerous breaches provisions of both the Agreement and Addendum; and WHEREAS, Wife filed a Petition to Enforce Property Settlement Agreement and for Attorney's Fees on February 11, 2009 alleging that Husband breached the following provisions of the Agreement and Addendum including, inter alia, failing to vacate the marital residence in a timely fashion; failing to pay the mortgage, utilities, trash bill, and other bills while Husband had exclusive possession of the house; failing to keep the house in good repair, normal wear and tear excluded; failing to make contracted repairs to the house during his period of occupancy; failing to pay his contractual alimony and unreimbursed medical expense obligation; failing to keep health insurance coverage for Wife and the parties' daughter; and for which alleged breaches Wife was seeking attorney's fees; and WHEREAS, Husband filed an Answer and New Matter to Wife's Petition to Enforce Property Settlement Agreement and for Attorney's Fees on March 16, 2009, outlining Wife's alleged breaches of the Agreement and Addendum in seeking support through the Domestic Relations Office when Wife had a contractual alimony obligation and seeking attorney's fees therefor; and WHEREAS, Wife filed an Answer to Husband's New Matter on April 13, 2009; and WHEREAS, the matter was set for a full-day Hearing on August 26, 2009 to be heard by the Honorable M. L. Ebert, Jr.; and WHEREAS, during the course of readying the case for trial, the parties, through the assistance of counsel, were able to reach an agreement regarding the alleged breaches of each party and regarding attorney's fees; and WHEREAS, without admitting any fault for the alleged breaches, the parties are desirous of entering into this Addendum (hereinafter referred to as "2nd Addendum") to modify certain portions of their Agreement and Addendum and ratify the remaining provisions of the Agreement and Addendum; and WHEREAS, which 2nd Addendum, in addition to the Agreement and Order dated November 5, 2008 regarding unreimbursed medical expenses for the 2008 calendar year, fully and finally resolves all claims and causes of action now or previously existing between the parties relating to their Agreement and Addendum thereto; and NOW, THEREFORE, in consideration of these premises and mutual promises, covenants and undertakings hereinafter set forth, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. Paragraph 2 of the Addendum shall be modified to the extent that in addition to a contractual lump-sum alimony payment to be paid from Husband to Wife, an additional year of contractual alimony payments shall be made from Husband to Wife. As such, Husband shall, on or before September 16, 2009, deliver to Wife's counsel's office, a certified check in the amount of Five Thousand ($5,000.00) Dollars payable to Daley Zucker Meilton Miner & Gingrich, LLC, counsel for Wife. This lump sum $5,000 payment is to be contractual, non-modifiable alimony and said check is to be received by counsel for Wife no later than September 16, 2009 at 5:00 p.m. In addition to Husband's monthly contractual, non-modifiable alimony obligation as outlined in Paragraph 2 of the Addendum, Husband shall pay Wife one (1) additional year of alimony from November 2009 through October 2010 in the amount of One Thousand Five Hundred Fifty ($1,550.00) Dollars per month. Husband's monthly alimony obligation shall be wage- attached and monitored through the Cumberland County Domestic Relations office at PACSES Case Number 442107583 for purposes of enforcement only. This 2nd Addendum and Order, once signed, shall be filed with the Cumberland County Domestic Relations Office for monitoring and enforcement of Husband's monthly alimony obligation as outlined herein. These additional alimony payments are in satisfaction of the breaches alleged by Wife in her Petition to Enforce Property Settlement Agreement and Addendum. Both the lump sum alimony payment and the ongoing monthly alimony payment shall terminate absolutely upon the death of Wife. In all other respects, the terms and conditions of Paragraph 2 of the Addendum shall remain in full force and effect, specifically including the non-modifiability of Husband's alimony obligation to Wife; and 2. Paragraph 4 of the Addendum shall be modified such that Husband's obligation to reimburse Wife for her unreimbursed medical expenses for the additional months of September and October 2009 is satisfied with the additional alimony payments referenced in Paragraph 1 of this 2°a Addendum. As such, with the exception of the 2008 calendar year, Husband's obligation to reimburse Wife for unreimbursed medical expenses is hereby satisfied and other than that referenced in Paragraph 3, below, Husband has no ongoing obligation to reimburse Wife for any of her unreimbursed medical expenses. Nothwithstanding Husband's agreement to pay an additional twelve months of alimony pursuant to this 2nd Addendum, Husband shall have no ongoing obligation to pay or reimburse Wife for unreimbursed medical expenses incurred by her. 3. Husband hereby ratifies the Stipulation and Agreement adopted by this Honorable Court in its November 5, 2008 Order regarding Wife's unreimbursed medical expenses for the 2008 calendar year. Husband shall pay the hospital bill referenced in said November 5, 2008 Order by making monthly payments of $400.00 per month until said obligation is paid in full. 4. Neither party will receive attorney's fees from the other as part and parcel of the agreement reached and memorialized in this V d Addendum. 5. No modification, rescission or amendment of this 2nd Addendum shall be effective unless in writing, signed by each of the parties hereto. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach or seek other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs and expenses actually incurred in the enforcement of the rights of the non- breaching party, including actual attorney's fees. The waiver by one party of any breach of this 2nd Addendum by the other will not be deemed a waiver of any other breach of any provision of this 2nd Addendum. 6. All terms and conditions of the parties' May 1998 Property Settlement Agreement and all terms and conditions of the parties' November 17, 2005 Addendum not affected herein shall remain in full and effect. 7. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J. Holst, Esquire, for Husband and Lindsay Gingrich Maclay, Esquire, for Wife). Each party fully understands the facts and his or her legal rights and obligations under both the Agreement, Addendum, and 2nd Addendum, and each of the parties hereto further covenants and agrees for himself and herself, and his or her heirs, executors, administrators and assigns, that he or she will never at anytime hereafter sue the other party or his or her heirs, executors, administrators, or assigns in any action of contention, direct or indirect, and allege therein that there was any fraud, duress, or undue influence in executing this 2nd Addendum or that there was a failure to have available full, proper and independent legal representation. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgements. Darren Jo st, Esquire Attorney for Plaintiff Lindsay Gingrich Maclay, Esq ire Attorney for Defendant oxel- Michael P. Millikan, Plaintiff Barbara R. Millikan, Defendant 0 F THE: t', v mil-;?Y r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. MILLIKAN, Docket No. 2005-4392 (Civil Term) Plaintiff/Respondent V. BARBARA R. MILLIKAN, CIVIL ACTION- LAW Defendant/Petitioner (In Divorce) ORDER AND NOW, this _ 11th day of s C.Q e-w% 61L r , 2009, it is hereby ORDEREED and DECREED as follows: 1. The attached Addendum to both Property Settlement Agreement of May 1998 and the November 17, 2005 Addendum thereto is hereby incorporated for purposes of enforcement, but not merged, into the parties' November 4, 2008 Divorce Decree; and 2. Pursuant to the attached Addendum to both Property Settlement Agreement of May, 1998 and the November 17, 2005 Addendum thereto Husband shall, on or before September 16, 2009, deliver to Wife's counsel's office, a certified check in the amount of Five Thousand ($5,000.00) Dollars payable to Daley Zucker Meilton Miner & Gingrich, LLC, counsel for Wife. This $5,000 payment is to be a lump sum payment and that it is additional contractual, non-modifiable alimony and said check is to be received by counsel for Wife no later than September 16, 2009 at 5:00 p.m. Husband's lump sum alimony obligation shall terminate absolutely upon the death of Wife. 3. Pursuant to the attached Addendum to both Property Settlement Agreement of May, 1998 and the November 17, 2005 Addendum thereto Husband shall pay to Wife one (1) additional year of alimony from November 2009 through October L 2010 in the amount of One Thousand Five Hundred Fifty ($1,550.00) Dollars per month. Husband's monthly alimony obligation is identified as an additional contractual alimony obligation and is non-modifiable and shall be wage-attached and monitored through the Cumberland County Domestic Relations office at PACSES Case Number 442107583 for purposes of enforcement only. This 2nd Addendum and Order, once signed, shall be filed with the Cumberland County Domestic Relations Office for monitoring and enforcement of Husband's monthly alimony obligation as outlined herein. Husband's additional ongoing contractual alimony obligation shall terminate absolutely upon the death of Wife. 4. The Court's Order of November 5, 2008, which addresses the agreement to pay the hospital bill, shall remain in full force and effect until such time as Husband has satisfied the obligation in full. Husband shall pay the collection agency $400 per month as per Husband's agreement with said collection agency. 5. Husband's contractual obligation to pay for Wife's COBRA coverage for so long as it is available pursuant to the parties' November 17, 2005 Addendum shall remain in full force and effect. 6. Wife's Petition to Enforce Property Settlement Agreement and For Attorney's Fees shall be marked settled, discontinued and ended. 7. Husband's New Matter to Wife's Petition to Enforce Property Settlement Agreement and for Attorney's Fees shall be marked settled, discontinued and ended. BY THE COURT, \\-A, M. L. Ebert, Jr., J. distribution: c/ L' dsay Gingrich Maclay, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109, Counsel for Defendant rren J. Holst, Esquire 130 Walnut Street, P.O. Box 810, Harrisburg, PA 17108, Counsel for Plaintiff (16 Ies nbtl 1 4/1716q ?M FILED-4 i'vi OF THE P' CY!.fr''NloTppY 2009 SEP 17 PH 3: 5 G,!i4r M..fIJ`,,S "_Vl ,y ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-4392 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND DAmended Order/Notice Date of Order/Notice 11/02/09 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: MILLIKAN, MICHAEL P. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 003-46-5990 Employee/Obligor's Social Security Number XEROX CORPORATION* 5154101545 C/O GARNISHMENTS 0801-55B Employee/Obligor's Case Identifier 1350 JEFFERSON RD (See Addendum for plaintiff names ROCHESTER NY 14623-3106 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Oyes D no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 1,550.00 per month in current spousal support $ o . o o per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 1, 550.00 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: $ 356.71 per weekly pay period. $ 775.00 per semimonthly pay period (twice a month) $ 713.42 per biweekly pay period (every two weeks) $ 1, 550.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFEN NT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR L SECORITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. / / 7,1 /l BY THE COURT: V, I l O O J. Wesley Oler, Jr., Judge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 097"154 Worker ID $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If Necked you are required to provide gopy of this form to yourgemployee. If your employee works in a state that is di erent ffrom the state that issued this o er, a copy must be provi eedd to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 1604680200 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:MILLIKAN, MICHAEL P. EMPLOYEE'S CASE IDENTIFIER: 5154101545 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MILLIKAN, MICHAEL P. PACSES Case Number 442107583 PACSES Case Number Plaintiff Name Plaintiff Name BARBARA MILLIKAN Docket Attachment Amount Docket Attachment Amount 05-4392 CIVIL$ 1,550.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT o, ?QQ?3 ?aV "5 P? 2' ?Cl ORDER/NOTICE TO WITHHOLD INCOME FOR SUP State -Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/01/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number XEROX CORPORATION* C/O GARNISHMENTS BLDG 205 800 PHILLIPS RD WEBSTER NY 14580-9720 RE: MILLIKAN, M 05-4392 CIVIL OOrigi nal'Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice P. Fmployee/Obligor's Name (Last, First, MI) Op3-46-5990 Employee/Obligor's Social Security Numb 5J154101545 E ployee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) C stodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with c ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support b from CUMBERLAND County, Commonwealth of Pennsylvania. By law, amounts from the above-named employee's/obligor's income until further notice eve issued by your State. $ o . oo per month in current child support $ o oo per month in past-due child support Arrears 12 weeks or $ 0.00 per month in current medical support $ o. oo per month in past-due medical support $ o . oo per month in current spousal support $ o.oo per month in past-due spousal support $ o oo per month for genetic test costs _ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ o . o o 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. the ordered support payment cycle, use the following to determine how much to wi $ o . oo per weekly pay period. $ 0.00 p 0-00 per biweekly pay period (every two weeks) $ 0.00 REMITTANCE INFORMATION: You must begin withholding no later than the first l working days after the date of this Order/Notice. Send payment within seven (7) we withholding. You are entitled to deduct a fee to defray the cost of withholding. Ref state of your employee for the allowable amount. The total withheld amount, and y the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payn ordered to withhold income from more than one employee and employs 15 or mo a history of two or more returned checks due to nonsufficient funds. Please call tl and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 42000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THI above as the' Employee/Obligor's Case Id nti ier) OR SOC SECU NUMBER DO NOT SEND CASH BY MAIL. BY THE COURT: / GR _ D J. 196Slo-y 01er/ Jr., DROs R.J. Shadday Service Type M OMB No.: 0970-0154 es on attachment ed upon an order for support u are required to deduct these if the Order/Notice is not ;seater? D yes., a no f your pay cycle does not match ihold: semimonthly pay period (twice a month) monthly pay period. ay period occurring ten (10) king days of the paydate/date of r to the laws governing the work cur fee, cannot exceed 55% of he limitation on withholding, nt method if an employer is persons, or if an employer has Pennsylvania State Collections r instructions. PA FIPS CODE 7106-9112 PACSES MEMBER ID (shown iN ORDER TO BE PROCESSED. Form EN-028 Rev.5 Worker ID $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER W E] If checked you are required to provide a copy of this form to your emp loyee. If your 4 different from the state that issued this order, a copy must be provided to your employ 1. Priority: Withholding under this Order/Notice has priority over any other legal process under'. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies i agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obl each agency requesting withholding. You must, however, separately identify the portion of the sir employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholdin€ paydate/date of withholding is the date on which amount was withheld from the employee's wage state of the employee's/obligor's principal place of employment with respect to the time periods w withholding order and forward the support payments. HOLDERS nployee works ina state that is even if the box is not checked. ate law against the same income. effect please contact the requesting 's income in a single payment to payment that is attributable to each when sending the payment. The You must comply with the law of the thin which you must implement the 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 Sta to 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 employ e%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. 1604580200 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: E THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: El EMPLOYEE'S/OBLIGOR'S NAME:MILLIKAN, MICHAEL P. EMPLOYEE'S CASE IDENTIFIER: 5154101545 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER:-- DATE OF SEPARAT FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments uch as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authcl?ity below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. 1 the obligor is employed in another State, in which case the law of the State in which he or she is e 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an er refusing to employ, or taking disciplinary action against any employee/obligor because of a suppo governs unless the obligor is employed in another State, in which case the law of the State in whi( 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed k Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employment. Disposable income is the net income left after making mandatory deductions such Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the supporting another family and 60% of the disposable income if the obligor is not supporting anotl increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. I deduct a fee for administrative costs. The support amount and the fee may not exceed the limit in( Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears ai employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you m the limit set by the law of the jurisdiction in which the employer is located or the maximum amou CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into con care premiums in determining disposable income and applying appropriate withholding limits. umulated amount you should have nsylvania State law governs unless toyed governs. ployee/obligor from employment, withholding. Pennsylvania State law he or she is employed governs. y the Federal Consumer Credit employee's/obligor's principal place of s: State, Federal, local taxes, Social disposable income if the obligor is erfamily.However, that 50% limit is permitted by the State, you may icated in this section. greater than 12 weeks, then the of withhold more than the amounts ry not withhold more than the lesser of it permitted under section 303(d) of the 'Meration the amounts paid for health 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 nespect to these items. 1 1. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employeeLTT. contact . WAGE . 13 N. HANOVER'ST by telephone at (; P.O. BOX 320 by FAX at (717) CARLISLE PA 17013 by internet www Page 2 of 2 Service Type M OMB No.: 0970-0154 have any questions, or or state.na.us Form EN-028 Rev.5 Worker I D $ IATT PACSES Case Number Plaintiff Name Service Type M ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MILLIKAN, MICHAEL P. Addendum OMB No.: 0970-0154 Plaintiff Name Docket Att chment Amount $ 0.00 Child(ren)'s Name(s):I DOB PACSES Case Number Plaintiff Name Docket Att chment Amount $ 0.00 Child(ren)'s Name(s): DOB PAGES Case Number Plaintiff Name Docket Att . 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker I D $ IATT BARBARA MILLIKAN, Plaintiff/Petitioner VS. MICHAEL P. MILLIKAN„ Defendant/Respondent IN THE COURT OF CUMBERLAND CO CIVIL ACTION - DIV NO. 05-4392 CIVIL T IN DIVORCE PACSIES CASE: 4421 ORDER OF COURT AND NOW to wit, this 1 st day of November, 2010, it is Domestic Relations Section dismiss their interest in the above c, PION PLEAS OF' ,PENNSYLVANIA ,by' Ordered that the )ne? matter as the Alimony is terminated pursuant to the parties Property Settlement Agreement and This Order shall become final twenty (20) days after the mailit entry of the Order to the parties unless either party files a written dem, Prothonotary for a hearing de novo before the Court. of the notices of the 3 with the Office of the BY THE COURT: J DRO: R.J. Shadday xc: Petitioner Respondent Sandra L. Wilton, Esq. Darren J. Holst,Esq. Service Type: M