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HomeMy WebLinkAbout05-4656SUNEE McALLISTER, Plaintiff VS. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 65 L/(nSw Civil Term ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM ][TIGHTS 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 SUNEE McALLISTER, Plaintiff VS. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 4G ! (, Civil Tenn ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Sunee McAllister, a competent adult individual, who has resided at 856 W. Louther St., Carlisle, Cumberland County, Pennsylvania, 17013, since 1976. 2. Defendant is Howard McAllister, a competent adult individual, whose address is P.O. Box 1608, Darlington, South Carolina, 29540. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on April. 19, 1969 in Thailand. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7.. Plaintiff and Defendant have children together; however, they are adults. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c); (b) that Plaintiff has suffered such indignities as to render her condition intolerable and life burdensome pursuant to 23 Pa.C.S. 3301(a)(6). WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 11. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference as though set forth in full. 14. The Plaintiff will require Alimony after the entry of the Divorce Decree by reason of her limited economic circumstances. 15. The Defendant is financially able to provide for the reasonable needs of the Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony after the entry of the Decree. COUNT IV - COUNSEL FEES COSTS AND EXPENSES 16. Paragraphs 1 - 15 are herein incorporated by reference. 17. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 18. Without counsel, Plaintiff cannot adequately prosecute her claims against Defendant and she cannot adequately litigate her rights in this matter. 19. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expense of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Respectfully Date: J ffie Adams„ Esquir"e`? q .D. No. 79465 64 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ? ? N ?_.9 /? ll J Li'1 ,( ? (?7 -ii Y (( 1? T ? T G7 _:Ji7 CCl j i. = ? ,? b ' 'i' C"? W ? ? 1 ? Q ?' uG- { ? ? `i (y C SUNEE McALLISTER, Plaintiff vs. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. b b - If (P 5 (, Civil Term ACTION IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated in 1990 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and confect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date:C Sunee McAllister, Plaintiff ra ^' o ? fl T -? m coo _nc { cn Q ={ SUNEE McALLISTER, Plaintiff VS. HOWARD MCALLISTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. yG yL Civil Term ACTION IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW COMES, Plaintiff, Sunee McAllister, by and through her attorney, Jane Adams, Esquire, and respectfully avers as follows: 1. Plaintiff, (hereinafter referred to as "Wife"), is Sunee McAllister, who resides at 856 W. Louther St., Carlisle, Pa. 17013. 2. Defendant, (hereinafter referred to as "Husband"), is Howard McAllister, whose address is P.O. Box 1608, Darlington, South Carolina, 29540. 3. Husband and Wife were married on April 19, 1969 in Thailand. 4. A Complaint in Divorce is being filed contemporaneously with this Petition under the above-captioned docket number. The Complaint contains a count which requests equitable distribution of marital property among other forms of economic relief. 5. Wife has served as the guardian of Husband's estate, during which a time it was found Huband was unable to administer his own affairs pursuant to court Orders entered and filed in Cumberland County Orphan's Court, under Docket No. 21-91-879. 6. Wife anticipates that an Order will be entered on or about the date of filing of this petition, which ends Wife's guardianship of Husband's estate. 7. Wife contends that the assets held under this guardianship are marital assets, pursuant to the Divorce Code. 8. There are currently a number of marital assets which will be released to Husband and which will be titled in his name alone. These include, but are not necessarily limited to: $72,369.94 in three CD's held at Members 1 st Federal Credit Union. 9. Wife is currently living in the marital home and has very limited funds upon which to live. She currently receives $726.00 in spousal support and $564.00 a month in social security. 10. Wife has no other income and is not in possession of any other considerable assets other than the marital home. Wife's disposable monthly income is insufficent to pay her immediate critical living expenses and insufficient to pay expert fees, attorney's fees and costs in order to adequately pursue her divorce. 11. Husband receives a pension and enjoys a monthly income in the amount of $2046.62 per month. 12. Section 23 Pa.C.S. 3502 (f) provides that "the Court, upon the request of either party, may at any state of the proceedings, enter an order providing for an interim partial distribution or assignment of marital property. 13. Wife has no adequate remedy at law and she will suffer irreparable harm until she receives an advance distribution against her share of the marital estate. 14. There are sufficient marital assets to protect Husband's interest with regard to a further advance distribution to the Wife from the marital estate. 15. Wife requests that the court preliminarily enjoin Husband from disposing of or encumbering any of the parties' remaining marital assets that are being held in the parties' joint names or in Husband's sole name. 16. Wife believes and avers that immediately upon termination of the guardianship, and return of the property to Husband, Husband will dispose of the remaining assets of the parties that are held in joint names or his sole name in order to defeat Wife's right in same as marital property. IT Wife will suffer immediate and irreparable harm if Husband is not enjoined from disposing of the parties' marital assets, in that the marital assets in Wife's sole name are grossly insufficient to act as an offset. 18. There will be no prejudice to the Husband by enjoining him from further disposition of the remaining assets of the parties held in the parties' joint names or in the Husband's sole name, except without leave of this Court, in that the Husband receives a pension has adequate income to support himself during the pendency of this proceeding. 19. For all of the aforesaid reasons, Wife is without an adequate remedy at law and must seek equitable relief in order to avoid the aforesaid immediate and irreparable harm. 20. Wife requests the following: (a) That pursuant to 23 Pa.C.S. §3502(f), the Court direct that Wife immediately receive $7,000.00 from the Marital Assets held at Member's First Bank as an advance distribution against her share of the marital estate. (b) That the court issue an injunction without a hearing, to preliminarily enjoin Husband from disposing of or encumbering any of the parties' marital assets that are being held in the parties' joint names or in Husband's sole name. Wife further requests that Husband be permanently enjoined thereafter from disposing of said assets during the pendency of equitable distribution proceedings and until further Order of Court. WHEREFORE, the Plaintiff prays that this Honorable Court direct an advance distribution to Plaintiff and enjoin Defendant from disposing of remaining the marital assets. Respectfully submitted, Date: ?/OXOS Adams, Esquire No. 79465 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are truce 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. ? qY1 C Date: (-//? 7/P- Sunee McAllister, Plaintiff (? rv c_o ? R7 -n r ? T? ? 1 CO )I fl dr :77 G t -< SUNEE McALLISTER, Plaintiff vs. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 4656 Civil Term ACTION IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant (Plaintiff)(Defendant) moves this Court to appoint a master with respect to the following claims: Divorce { Distribution of Property ( ) Annulment ( ) Support ?X) Alimony (X) Counsel fees ( ) Alimony Pendente Lite ()<) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his Attorney, Robert O'Brien, Esquire. (3) The statutory ground(s) for divorce is 3301 (d). (4) Delete the inapplicable paragraph(s): (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one half day. (7) Additional information, if any, relevant to the motion: N ?^ Date: 0? • a? 06- Adams, Esquire mey for Plaintiff zt, ORDER APPOINTING MASTER AND NOW, this , 2005, Robert Elicker, Esquire, is appointed Master with respect to the following claims: BY THE COURT: J. Gy u? TJ1." ? ?T t`J m "'6 Cry (J _ S' C. Fri 7 .. ?y J SUNEE McALLISTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. Civil Term - '?C5 HOWARD McALLISTER, ACTION IN DIVORCE ?`? ' ` Defendant ORDER AND NOW, this day of 2005, upon consideration of Plaintiffs Petition for Special Relief, a hearing is set for the day of 2005, at o'clock a.m./ p.m in Courtroom No. , in the Cumberland County Courthouse, Carlisle, Pennsylvania. cc: Beane Adams, Esquire Oirobert O'Brien, Esquire J. dr? OG ? f v )AA L ?. I I'll r ? ?u ?. s ? ? ? !s.r '}? ? 0 f 0 ? . l.c.t l ? C/1 tJ 2 1'.' 11 O S_ O N U SUNEE McALLISTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05 - 4656 Civil Term HOWARD McALLISTER, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this September 21, 2005, I, Jane Adams, Esquire, hereby certify that on September 15, 2005, a certified true copy of the NOTICE TO DEFEND, DIVORCE COMPLAINT, AND PETITION FOR SPECIAL RELIEF were served, via certified mail, restricted delivery, return receipt requested, addressed to: Howard McAllister P.O. Box 1608 SC 29540 Darlington • Complete items 1, 2, and 3. Also complete li I 4 if R t i t d D i d i d A. Signature ent 0 A t , tem es r c e e very s es re . g X / / DEFENDANT ¦ Print your name and address on the reverse 0 Addressee ' ro L V so that we can return the card to you. B. Received by (PrlntFd Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, ??? s7? 4 or on the front If space permits. _ 1 _ D. Is delivery add Yes ress dl "IteQt 1 9 ? 1. Article Addressed to: ? No ?? If YES, enter deli a ?..c ?bo l y o --ems S J 3. Service Type ??/., ... I - ?-- ?Certiged Mali 'k LTE?tpresa Mall 0 Registered ? Return Recelpt for Merchandise a "1- 0 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7004 (llam/er ftorn from seMCe label) 1350 0003 7288 4776 PS Form 3811, February 2004 Domestic Return Receipt to¢sss-oz-M-t W0 Respectfully e Adams, Esquire . No. 79465 4 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF o O ? `? N SUNEE McALLISTER, Plaintiff V. HOWARD MCALLISTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 - 4656 CIVIL IN DIVORCE RESPONSE TO PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Mr. McAllister has moved to a different address in South Carolina. 3. Admitted. 4. Admitted. 5. Wife served as guardian of her husband's estate since 1991. The parties had separated prior to her appointment as guardian. During the term of her guardianship, Wife neglected to file annual reports for a number of years. More recently, when Wife has filed the annual reports, it is evident from the reports that she has wrongfully appropriated money that she was receiving to her use and benefit, rather than to the use and benefit of Mr. McAllister. 6. Wife has been resistant to terminating the guardianship due to her malfeasance in her duties as guardian. Since Husband's release from confinement, she has purposely denied him funds necessary for his basic needs. Mr. McAllister has relied on loans from his family in as much as the amount that his wife sent him was insufficient to even pay for the medications necessary for his health. 7. The assets held under this guardianship are not marital assets because the parties separated prior to her appointment as guardian. 8. Mr. McAllister avers that the assets in the CD's held at Member's 1s` Federal Credit Union are not marital assets. Attached hereto is court order entered by Judge Bayley in reference to the requirement that these CD's be delivered to Mr. McAllister. 9. It is denied that Wife has limited funds upon which to live. Her home is paid off and she has investments in CD's and retirement benefits which she did not disclose in her petition. Mr. McAllister is in the process of securing the transcript from the most recent support hearing appeal which will document this fact. 10. As indicated, Wife does have assets for fees, attorney's fees and costs. Due to Wife's malfeasance in the conduct of her guardianship, she appropriated monies that were due McAllister after the parties separation to her own use. Prior to the filing of this divorce action, Wife had sufficient income to pay her living expenses as she was receiving regular income as well as support as determined by the support guidelines. 11. Husband receives a disability payment, and not a pension, in the amount of Two Thousand One Hundred Twenty-One Dollars and 00/100 ($2,121.00) monthly. This is a disability payment due to Husband's military service. 12. Wife is not entitled to receive a partial distribution because the only marital property is represented by the home which she has sole and exclusive possession of. Said home is free and clear of any mortgage and the mortgage was paid off by Mr. McAllister. 13. Wife has an adequate remedy at law and she will not suffer any harm and she will not suffer irreparable harm. Again, there are no marital assets that are subject to a distribution as aforesaid. 14. As indicated, the marital assets consist of the value of the marital home. The assets that were accumulated during Wife's guardianship are Mr. McAllister's separate property. 15. Mr. McAllister again points to the court order issued by the Honorable Edgar B. Bayley, which authorizes him to receive and have control of the funds that accumulated during his guardianship. 16. The guardianship has terminated, an order has issued by the Court and Mr. McAllister again avers that the funds he is receiving are non-marital property. 17. It is denied that Wife will suffer immediate and irreparable harm if Husband is not enjoined as indicated. The property Husband is receiving is his separate property and not marital property. 18. There is prejudice to Mr. McAllister from his receiving his assets. Mr. McAllister receives a disability pension for disabling injuries that accrued during his military service. Additionally, Mr. McAllister is legally entitled to receive and retain the funds that were accumulated during his guardianship and after the parties separation as the same is not marital property. 19. Wife has sufficient assets if she wishes to pursue a divorce at this time. The parties have been separated for an excess of fifteen (15) and all during that time Wife had the opportunity to proceed with the divorce action. It is averred that all during that period, Wife never considered the fact that Mr. McAllister would recover sufficiently so as to have his guardianship terminated and to receive the funds that had accumulated during his guardianship. 20. Wife is not entitled to a distribution from the assets that are already under court order to be delivered to Mr. McAllister. WHEREFORE, the defendant respectfully requests that your Honorable Court deny the relief requested by the plaintiff. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: F-{ VJrt.? e/? Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 SUNEE McALLISTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HOWARD MCALLISTER, : NO. 2005-4656 CIVIL Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on September 22, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Response to Petition For Special Relief by first class U.S. mail, postage prepaid, as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 i Robert L. O'Brien, Esquire VERIFICATION I verify that the statements made in the foregoing Response To Petition For Special Relief are true and correct to the best of my knowledge, information and belief. This verification is signed by Robert L. O'Brien, Esquire, attorney for Mr. McAllister and is based upon statements provided by Mr. McAllister and other persons, as well as documents reviewed by the undersigned as attorney for Mr. McAllister I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Robert L. O'Brien, Esquire IN RE HOWARD McALLISTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-91-879 ORDER TERMINATING GUARDIANSHIP And Now this l ghday of September, 2005, after hearing and upon the representations of Carol J, Lindsay, Esquire, counsel for the Court appointed Guardian of the Estate, Sunee McAllister, that she has spoken with Dr. Blumberg, Mr. McAllister's physician, it is Ordered and Directed that Guardianship, heretofore entered by this Court, is terminated, effective immediately. Ms. Lindsay stated, in open court on behalf of her client, Sunee McAllister, that it was the opinion of Dr. Blumberg that Mr. McAllister was competent and capable of managing his affairs, and that she and her client were satisfied that the Guardianship could be terminated. Further, the Court is satisfied that the testimony taken by the Court from Mr. McAllister on June 20, 2005 indicates that he no longer needs a Guardian. The pending motions for appointing a substitute guardian and releasing funds to Mr. McAllister are hereby rendered moot and are dismissed by,"reementof the parties. The 3 CD's held for Mr. McAllister by Members 1" Federal Credit Unior%-; maturing in September, 2005, October, 2005 and May, 2006, are ordered t4-tle ca terminated on their maturity date and cashier's checks payable to Mr. Howard McAllister, shall be delivered to Mr. McAllister's counsel, Robert L. O'Brien, Esquire, 19 -:r -i West South Street, Carlisle, PA 17013, telephone 717 249-6873. The checking account at M&T Bank held for Mr. McAllister, by Sunee McAllister, is ordered to be liquidated and a cashier's check payable to Mr. Howard McAllister, shall be delivered to Mr. McAllister's counsel, Robert L. O'Brien, Esquire, 19 West South Street, Carlisle, PA 17013, telephone 717 249-6873. The DFAS, Cleveland Center, PO Box 99191, Cleveland, OH, 44199-1126, which has heretofore been remitting Mr. Howard McAllister's payments to his Guardian, Sunee McAllister, whether in the nature of pension, retirement, disability or other emolument, is directed to remit those payments, less any wage attached spousal support, directly to Mr. Howard McAllister, c/o James McAllister, PO Box 1608, Darlington, SC 29450, telephone 843-393-6646. The Court retains jurisdiction of this matter to issue future orders necessary to effectuate this termination of Guardianship. A TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisle, PA Xdaoyt' Cphans Cumberlarxl Cou By the Court Edgar B. Bayley, J. <7 c? C7 C_?: U? .l U? Y 1 'J fj}? ? -?? T ? ? e? (V W 7 ? I j i A'_ . 4:- ??i Y. .. _r ? ca P< r g L? V SUNEE McALLISTER, Plaintiff VS. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 4656 Civil Term ACTION IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant (Plaintiff)(Defendant) moves this Court to appoint a master with respect to the following claims: (xJ Divorce ( Distribution of Property ( ) Annulment ( )Support dO Alimony (x) Counsel fees ( ) Alimony Pendente Lite ()<) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his Attorney, Robert O'Brien, Esquire. (3) The statutory ground(s) for divorce is 3301 (d). (4) Delete the inapplicable paragraph(s): (a) The action isnot contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one half day. (7) Additional information, if any, relevant to the motion: N Date: • a? W an Adams, Esquire rney for Plaintiff ORDER APPOINTING MASTER AND NOW, this following claims: ld vJ 2005, Robert Elicker, Esquire, is appointed Master with respect to the BY THE COURT: /n J. l QD :11 "!V c,_ 1-(o 50,5Z Jh'L, fl.i lf? SUNEE McALLISTER, Plaintiff V. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 - 4656 CIVIL IN DIVORCE RESPONSE TO PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Mr. McAllister has moved to a different address in South Carolina. 3. Admitted. 4. Admitted. 5. Wife served as guardian of her husband's estate since 1991. The parties had separated prior to her appointment as guardian. During the term of her guardianship, Wife neglected to file annual reports for a number of years. More recently, when Wife has filed the annual reports, it is evident from the reports that she has wrongfully appropriated money that she was receiving to her use and benefit, rather than to the use and benefit of Mr. McAllister. 6. Wife has been resistant to terminating the guardianship due to her malfeasance in her duties as guardian. Since Husband's release from confinement, she has purposely denied him funds necessary for his basic needs. Mr. McAllister has relied on loans from his family in as much as the amount that his wife sent him was insufficient to even pay for the medications necessary for his health. 7. The assets held under this guardianship are not marital assets because the parties separated prior to her appointment as guardian. 8. Mr. McAllister avers that the assets in the CD's held at Member's 1s' Federal Credit Union are not marital assets. Attached hereto is court order entered by Judge Bayley in reference to the requirement that these CD's be delivered to Mr. McAllister. 9. It is denied that Wife has limited funds upon which to live. Her home is paid off and she has investments in CD's and retirement benefits which she did not disclose in her petition. Mr. McAllister is in the process of securing the transcript from the most recent support hearing appeal which will document this fact. 10. As indicated, Wife does have assets for fees, attorney's fees and costs. Due to Wife's malfeasance in the conduct of her guardianship, she appropriated monies that were due McAllister after the parties separation to her own use. Prior to the filing of this divorce action, Wife had sufficient income to pay her living expenses as she was receiving regular income as well as support as determined by the support guidelines. 11. Husband receives a disability payment, and not a pension, in the amount of Two Thousand One Hundred Twenty-One Dollars and 00/100 ($2,121.00) monthly. This is a disability payment due to Husband's military service. 12. Wife is not entitled to receive a partial distribution because the only marital property is represented by the home which she has sole and exclusive possession of. Said home is free and clear of any mortgage and the mortgage was paid off by Mr. McAllister. 13. Wife has an adequate remedy at law and she will not suffer any harm and she will not suffer irreparable harm. Again, there are no marital assets that are subject to a distribution as aforesaid. 14. As indicated, the marital assets consist of the value of the marital home. The assets that were accumulated during Wife's guardianship are Mr. McAllister's separate property. 15. Mr. McAllister again points to the court order issued by the Honorable Edgar B. Bayley, which authorizes him to receive and have control of the funds that accumulated during his guardianship. 16. The guardianship has terminated, an order has issued by the Court and Mr. McAllister again avers that the funds he is receiving are non-marital property. 17. It is denied that Wife will suffer immediate and irreparable harm if Husband is not enjoined as indicated. The property Husband is receiving is his separate property and not marital property. 18. There is prejudice to Mr. McAllister from his receiving his assets. Mr. McAllister receives a disability pension for disabling injuries that accrued during his military service. Additionally, Mr. McAllister is legally entitled to receive and retain the funds that were accumulated during his guardianship and after the parties separation as the same is not marital property. 19. Wife has sufficient assets if she wishes to pursue a divorce at this time. The parties have been separated for an excess of fifteen (15) and all during that time Wife had the opportunity to proceed with the divorce action. It is averred that all during that period, Wife never considered the fact that Mr. McAllister would recover sufficiently so as to have his guardianship terminated and to receive the funds that had accumulated during his guardianship. 20. Wife is not entitled to a distribution from the assets that are already under court order to be delivered to Mr. McAllister. WHEREFORE, the defendant respectfully requests that your Honorable Court deny the relief requested by the plaintiff. Respectfully submitted, O'BRIEN, BARIC & SCHERER By:?C Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Response To Petition For Special Relief are true and correct to the best of my knowledge, information and belief. This verification is signed by Robert L. O'Brien, Esquire, attorney for Mr. McAllister and is based upon statements provided by Mr. McAllister and other persons, as well as documents reviewed by the undersigned as attorney for Mr. McAllister I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Robert L. O'Brien, Esquire IN RE: GUARDIANSHIP OF IN THE COURT OF COMMON PLEAS OF HOWARD McALLISTER CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-91-879 CERTIFICATE OF SERVICE I hereby certify that on September 22, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Banc & Scherer, did serve a copy of the Response to Petition For Special Relief by first class U.S. mail, postage prepaid, as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 Robert L. O'Brien, Esquire (-? ?? C;' ?i ,.?i ?7 ?? "-1 ??- -ri .. a :.: i.: .- ?? P 0 SUNEE McALLISTER, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW HOWARD McALLISTER NO. 2005-4656 CIVIL Defendant IN DIVORCE NOTICE TO PLEAD TO: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Preliminary Objections or a Default Judgment may be entered against you. O'BRIEN, BARIC & SCHERER Date: ouemn w I Robert J. Dailey, EsqUiKe I.D. # 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 SUNEE McALLISTER, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION -LAW HOWARD McALLISTER NO. 2005-4656 CIVIL Defendant IN DIVORCE RELATED MATTERS The Honorable Judge Edgar B. Bayley has previously presided over and issued orders terminating Howard McAllister's guardianship (Orphan's Court No. 21-91-879), denying Sunee McAllisters's request for special relief (No. 05-4656), and issuing an interim support order (PACSES No. 763000028, Docket No. 74 Support 1991). r SUNEE McALLISTER, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW HOWARD McALLISTER NO. 2005-4656 CIVIL Defendant IN DIVORCE PRELIMINARY OBJECTIONS AND NOW, comes Defendant, Howard McAllister, by and through his attorneys, O'BRIEN, BARIC & SCHERER, and files the within Preliminary Objections and, in support thereof, sets forth the following: 1. Plaintiff and Defendant were married on April 19, 1969, in Thailand. 2. Neither Plaintiff nor Defendant has previously filed for divorce or annulment. 3. Plaintiff filed a complaint in divorce against Howard McAllister on or about September 8, 2005. 4. Plaintiff and Defendant are both citizens of the United States. 1. LACK OF JURISDICTION OVER THE PERSON 5. Howard McAllister currently resides in Darlington, South Carolina. 6. Howard first came to Pennsylvania because of a military assignment at the War College in Carlisle, Pennsylvania on or about 1977. 7. The residence, located at 856 W. Louther Street, Carlisle, Pennsylvania, was purchased by Howard on September 1, 1977. 8. Thereafter, Howard was assigned to numerous military assignments, worldwide, including Florida, Thailand, Germany, and New Jersey. 9. In 1991, Howard was discharged from the military as 100% disabled due to mental illness and thereafter began receiving disability pay. 10. After 1991, Howard was hospitalized in Minnesota and South Carolina and never returned to Pennsylvania. 11. 10 U.S.C.S. § 1408(c)(4) states that "a court may not treat the disposable retired pay of a member... unless the court has jurisdiction over the member by reason of (A) his residence, other than because of military assignment, in the territorial jurisdiction of the court, (B) his domicile in the territorial jurisdiction of the court, or (C) his consent to the jurisdiction of the court." [emphasis added] 12. The Pennsylvania Supreme Court held in Wagner v. Wagner, 768 A.2d 1112, 1117, 564 Pa. 448 (2001), "[Congress] usurped state long-arm statutes and provided in § 1408(c)(4)(A)-(C) its own tests of personal jurisdiction that all courts must apply." The Court further stated "the Act controls the authority that state family law courts have over a single item, military retirement pay. The Act represents `one of those rare instances where Congress has directly and specifically legislated in the area of domestic relations."' Id. at 1118, citing Mansell v. Mansell, 490 U.S. 581, 587, 109 S.Ct. 2023, 104 L.Ed.2d 675 (1989). 13. Mr. McAllister resided in Pennsylvania as a direct result of his military assignment to the Carlisle Barricks. 14. Mr. McAllister has not been domiciled in Pennsylvania for at least the past fifteen (15) years. 15. Waaner further held that "Congress intended for the consent requirement in § 1408(c)(4)(c) to relate, like the rest of the Act, specifically to a military member's pension." W_ agner at 1118. 16. Mr. McAllister has not consented, for purposes of his military pension, to the jurisdiction of the Commonwealth of Pennsylvania. WHEREFORE, Defendant, Howard McAllister, requests that this Court sustain Defendant's Preliminary Objections to jurisdiction. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert J. Dailey, Esquire I.D. #203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant SUNEE McALLISTER, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW HOWARD McALLISTER NO. 2005-4656 CIVIL Defendant IN DIVORCE CERTIFICATE OF SERVICE , 2006, I, Robert J. Dailey, Esquire, of Lif I hereby certify that on November O'BRIEN, BARIC & SCHERER, did serve the Preliminary Objections by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 Robert J. Dail quire r I SUNEE McALLISTER, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW HOWARD McALLISTER NO. 2005-4656 CIVIL Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. This verification is signed by Robert J. Dailey, Esquire, Attorney for Defendant, and is based upon the statements provided by Defendant, as well as documents reviewed by the undersigned as attorney for Defendant. This verification will be substituted and ratified by a verification signed by the Defendant who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Robert J. Dailey, Esqu' Dated: November 1116, 2006 .-C C7 < SUNEE McALLISTER Plaintiff V. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4656 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted in part, denied in part. 10 U.S.C.S. §1408(c)(4) applies to "disposable retired pay" of a member. Defendant receives military disability retired pay, and disability benefits are not part of the service member's "disposable retired pay." 12. Admitted in part, denied in part. Under Wagner v. Wagner, 768 A.2d 1112, 564 Pa. 448, 460 (2001), the member can only withhold consent specifically to the court's jurisdiction with respect to retirement pay. He is still subject to the court's personal jurisdiction regarding the divorce and the division of other marital property. 13. Admitted. 14. Admitted. 15. Admitted in part, denied in part. Admitted that under Wagner, Congress intended for the consent requirement to relate specifically to a member's pension. W_ agner, at 1118. However, 10 U.S.C.S. §1408(c)(4) applies to a pension, or "disposable retired pay" of a member. Defendant receives military disabili retired pay, and disability benefits are not part of the service member's "disposable retired pay." 16. Admitted in part, denied in part. Admitted that Mr. McAllister has not expressly consented, in writing, for purposes of a military pension, to the jurisdiction of the Commonwealth of Pennsylvania. However, Mr. McAllister receives military disability retired pay. It is unknown whether Mr. McAllister also receives military retired pay. Also, under Wagner v. Wagner, 768 A.2d 1112, 564 Pa. 448, 460 (2001), the member can only withhold consent specifically to the court's jurisdiction with respect to retirement pay. He is still subject to the court's personal jurisdiction regarding the divorce and the division of other marital property. Respectfully az:Q-- e Date: 11 a ? 0 Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I, Jane Adams, Esquire, hereby certify that a true and correct copy of the within Response has been served upon the following individual, by United States Mail, first class, postage prepaid, in Carlisle, Pennsylvania on the day of , 2006. Robert J. Dailey, Esquire 19 W. South St. Carlisle, Pa. 17013 Q &AjO'4-1 Date: ( ?g ?L By: Jane Adams, Esquire C c? O a• O r1l c? Q SUNEE McALLISTER, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW HOWARD McALLISTER NO. 2005-4656 CIVIL Defendant IN DIVORCE VERIFICATION I, Howard McAllister, verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, Robert J. Dailey, Esquire, and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. wn-jaj MeA . Howard McAllister Date: /f-- eZ c?/ ., Q 6 C3 T_ -r; cn _?,: SUNEE McALLISTER, Plaintiff V. HOWARD McALLISTER Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2005-4656 CIVIL IN DIVORCE Substitution of Counsel Without Leave of Court Praecipe for Entry of Appearance To the Prothonotary: Please enter my appearance on behalf of the Defendant, Howard McAllister. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may continue to be served at the address set forth below. Robert J. Dailey, Esquire I.D. 203418 O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Phone: (717) 249-6873 Fax: (717) 249-5755 Date: June 11, 2007 To the Prothonotary: Praecipe for Withdrawal of Appearance Please withdraw my appearance on behalf of the Defendant, Howard McAllister. Date: June 11, 2007 Robert t-O'Brien, Esquire r-? c? co A SUNEE McALLISTER, Plaintiff V. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-4656 CIVIL IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS MARRIAGE SETTLEMENT AGREEMENT is made this I day of 2008, BY ANT) BETWEEN Howard McAllister of 1073 W. McIver Road, Dar ' gton, S uth Carolina, hereinafter referred to as "Husband", A N D RFCTT AT .Q R.1: The Parties are Husband and Wife and were joined in marriage on April 19, 1969 Sunee McAllister of 856 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", hereinafter collectively referred to as the "Parties". in Thailand; and R.2: There were children born of this marriage, however, they have all reached the age of adulthood; and R.3: Differences have arisen between the Parties as a consequence of which the Parties separated in 1991 and have remained separate and apart since that date; and R.4: The Parties have resolved that the marriage is irretrievably broken and that it is not possible to continue the marital relationship between them for reasons known to them; and R.5: Wife filed a Divorce Complaint in the Cumberland County Court of Common Pleas to the above-captioned docket number in September 2005; R.6: It is the desire and intention of the Parties to amicably adjust, compromise, and settle all property rights and all rights in, to, and against the property or estate of the other, including, but not limited to, spousal support, alimony pendente lite, alimony, counsel fees, and equitable distribution and including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel with their respective selection and that Husband has been independently represented by Robert J. Dailey, Esquire and Wife has been independently represented by Jane E. Adams, Esquire. NOW THEREFORE, the above-numbered recitals being 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 of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. Senarati6n. It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party, at such place or places as he or she, from time to time, may choose or deem fit, free from any control, restraint, or interference from the other. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation. Neither Party shall act or permit anyone else to act in any way that might tend to create any disaffection, disloyalty, or disrespect between the members of the family of either Party. The Parties separated in 1991. 2 2. Divorce. The Parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute the Affidavits of Consent and Waiver of Notice forms necessary to finalize this divorce, to be immediately thereafter filed with the Prothonotary's office. If either Party fails or refuses to execute and file the forgoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the non- breaching Party to terminate this Agreement at his or her option. 3. Real Property. The Parties are owners of certain real property located at 856 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as the "Property". The Parties moved into the Property on or about September 1, 1977. Both Parties are on the deed; there is no mortgage on the property. Husband shall, by quitclaim deed, sign over his right, title, and interest to Wife as soon as practical after the execution of this Agreement. In exchange for Husband's transfer to Wife of the Property, Wife agrees to accept an agreed upon amount of alimony and further agrees that the division of marital property as herein described is fair and reasonable. The Parties own no other real property. 4. Debts. The parties have the following marital debts: None. The only debt involving both Parties 411 a Promissory Note from Wife to Husband in the amount of $7,000.00 at the rate of three percent (3%) interest given on November 15, 1999. Husband hereby releases Wife from any and all obligations on the Note and agrees to forgo collection on said account. In the event that either Party is unaware of a debt incurred by the other Party, the Party benefiting from said debt shall be responsible for the debt, regardless of the name in which the debt may have been incurred. In the event that either Party contracted or incurred any debt since the date of separation, the Party who incurred the debt and benefited therefrom shall be 3 responsible for the payment thereof, regardless of the name in which the debt may have been incurred. From the date of this Agreement, neither Party shall contract or incur any debt or liability for which the other Party or his or her property or estate might be responsible. Each Party shall indemnify and save the other Party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other Party. In the event that either Party contracts for or incurs any debt from the date of this Agreement, the Party who incurs the debt and benefits therefrom shall be responsible for the payment thereof, regardless of the name in which the debt is incurred. 5. Motor Vehicles. The Parties are the owners of two (2) vehicles. Husband's vehicle, a 2005 Buick Century, is financed and titled in Husband's name alone. Wife's vehicle, a 1999 Chevrolet Malibu, is paid for and titled in Wife's name alone. The Parties agree that Husband shall keep his vehicle and shall assume any and all liabilities attached thereto and that Wife shall keep her vehicle and shall assume any and all liabilities attached thereto. The Parties hereby release the other from liability on each Party's respective vehicle. The Parties have no other vehicles. 6. Tangible Personal Property. By mutual agreement and at the expense of Husband, Wife shall ship any of Husband's remaining personal property from Wife's Pennsylvania residence to Husband's South Carolina residence. Except as otherwise provided, the Parties have mutually agreed and have fully effectuated a satisfactory division of all other tangible, personal property. The Parties further agree that from this day forward, each Party in possession shall be the sole and rightful owner of such property, regardless of whether the property was jointly owned previous hereto. 4 7. Intangible Personal Property. Except as otherwise provided, the Parties hereby release and relinquish any and all rights, title, and interest in or to any intangible personal property of the other, including, but not limited to, stocks, bonds, CDs, insurance, bank accounts, other retirement accounts, employment benefits, including, but not limited to, retirement accounts, savings plans, pension plan, stock plans, 401k plans, and the like. Subject to Paragraph 8, Wife and Husband mutually relinquish any and all rights either may have in each other's retirement accounts, whether considered an asset or a stream of income. 8. Alimony. Husband agrees to pay Wife alimony in the monthly amount of $450.00 from the Defense Finance and Accounting Service ("DFAS"). Currently, the garnishment deduction for spousal support is $900.00 from DFAS. That amount shall be reduced to $450.00 as consideration for Husband signing over title of the marital home to Wife. The amount of alimony may be modified by a Court upon a showing of changed circumstances beyond the control of either Party, of a substantial and settled nature. Husband shall continue to fund the costs of the Survivor Benefit Plan ("SBP") for Wife alone and Wife shall be designated as a former spouse beneficiary for the SBP. Wife shall hereafter make a "deemed election" for SBP coverage within one (1) year of the date of the divorce decree directly to the Retired Pay office, DFAS, US Military Retirement Pay, P.O. Box 7130, London, KY 40742-7130. Both Husband and Wife shall execute all documents necessary to effectuate this transition from current spouse to former spouse. The Pennsylvania State Collection and Disbursement Unit is the current "payee" on Husband's account. Upon execution of this document, the "payee" shall become Sunee McAllister, 856 W. Louther St., Carlisle, Pennsylvania 17013 Alimony shall terminate upon Wife's cohabitation, remarriage or the death of either Party. DFAS payments are non-taxable to Husband; however, Wife shall be responsible for any and all tax implications of this alimony. 9. Bank Accounts. The Parties acknowledge that all joint bank accounts have been closed or divided to each Party's mutual satisfaction prior to the execution of this Agreement. The Parties further acknowledge and agree that any bank accounts established individually by the Parties shall become the sole and separate property of that Party simultaneous with the execution of this Agreement. 10. After-Acquired Property. Each of the Parties shall own and enjoy, independent of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to use and dispose of as though he or she was unmarried. Any property so acquired shall be owned solely by that Party and the other Party shall have no right or claim thereto. 11. Life Insurance. To the extent that either Party has life insurance policies, simultaneous with the execution of this Agreement those policies shall become the sole and separate property of the individual owning the policy. The Parties adopt 20 Pa.C.S.A. § 6111.2 to govern their policies held in favor of each other, regardless of where each individual party resides at the time of his or her death. Nothing in this Agreement shall prevent or preclude either Party from designating beneficiaries under or encumbering their respective life insurance policies. 12. Attorneys' Fees. Each Party shall be responsible for his or her own counsel fees, costs, and expenses. Each of the Parties hereby waives the right to receive payment for counsel fees from the other. 6 13. Additional Instruments. Both Parties shall, at the request of the other, execute, acknowledge, and deliver to the other Party any instrument(s) that may be reasonably necessary to effectuate and give full force and effect to the provisions of this Agreement. 14. Bankruptcy. Both Parties agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. 15. Complete Disclosure. Both Parties acknowledge that each Party is entitled to seek discovery through this divorce including, but not limited to, written interrogatories, motions for production of documents, the taking of depositions, the filing of inventories, and all other means of discovery permitted under the Pa Divorce Code or Pa Rules of Civil Procedure. Both Parties further acknowledge that each Party has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pa law and that each is aware of his or her right to have the real and/or personal property, assets, earnings and income, and debts and liabilities of the other Party assessed or evaluated by the courts of this Commonwealth. The Parties hereby acknowledge that there has been full and fair disclosure to the other of his or her respective real and/or personal property, assets, earnings and income, and debts and liabilities - whether joint or individual. The Parties agree that any right to further disclosure, valuation, appraisal or enumeration is hereby waived. The Parties hereby acknowledge that the division of real and/or personal property, assets, earnings and income, and debts and liabilities as set forth in this Agreement is fair, reasonable, and equitable and is satisfactory to each of them. The Parties covenant and agree that neither he nor she, nor the Parties' heirs, executors, administrators, or assigns, will ever, at any time hereafter, sue the other Party or the other Party's heirs, executors, administrators, or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of rights to full disclosure or that there was fraud, duress, 7 undue influence or that there was a failure to have available full, proper, and independent representation by legal counsel. 16. Waiver of Appraisals. The Parties acknowledge that they are aware of their right pursuant to the Pa Divorce Code to obtain formal valuations or appraisals of all property, real or personal, including, but not limited to, the real estate and/or personal property, vehicles, and 401 k or IRA retirements, some or all of which were acquired during the marriage, therefore constituting marital property. However, the Parties have agreed to forgo appraisals and valuations. 17. Release of All Claims. Except as otherwise provided herein, each Party hereby forever releases and completely discharges the other from any and all right, title, or interest in any claim for support, division of property, increase in marital property value, right of dower or curtsey, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other rights, benefits or privileges accruing to either party by virtue of their marriage. The Parties specifically waive any and all rights to equitable distribution, alimony, and counsel fees, except those fees sought in the event of a breach of this Agreement. 18. Severability. If any term, condition, clause, or provision of this Agreement is later determined to be void or invalid, then only that terms, condition, clause, or provision shall be stricken from this Agreement. In all other respects, this Agreement shall continue in full force and effect. 19. Choice of Law. 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. 8 20. Incorporation into Divorce Decree. The Parties agree that this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce is entered in this matter. Upon entry of the Final Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed to be merged into such Decree. This Agreement shall survive any such Decree and shall be independent thereof. The Parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, in this matter or otherwise. 21. Breach. It is expressly agreed upon and stipulated that in the event that either Party successfully sues for the breach of any provision of this Agreement, the breaching Party shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, the non-breaching Party's attorneys' fees, court costs, fees, or any other cost. In the event of breach, the non-breaching Party shall have the right to sue for damages for such breach or to seek such other and additional remedies as may be available. 22. Entire Understanding. This Agreement constitutes the entire understanding of the Parties and there are no covenants, conditions, representation, or agreements - oral or written, of any nature whatsoever - other than those herein contained. 23. Agreement Binding on Parties, Heirs, Etc. The Parties agree that this Agreement binds not only the Parties hereto but also the Parties' heirs, administrators, executors, assigns, and others. All shall be bound by the terms, conditions, clauses, and provisions herein. 24. Provisions as to Children. Because the Parties' children have all reached the age of adulthood, there are no provisions as to children. 9 IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, in exchange for the mutual covenants, conditions, representations and agreements herein, hereunto set their respect hands and seals to this Agreement, the day, month, and year first-above written. t ' bert J. Dai y, Attorney for F Howard McAllist r, Husband Ja ?6 E. Adams, Esquire ,f Attorney for Wife r --' A /7 Sunee McAllister, Wife 7- 17_ )cog Date Date ? /2_7/0? D to ?' z7 G,y De 10 SUNEE McALLISTER, Plaintiff V. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2005-4656 CIVIL IN DIVORCE AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on 1991 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. k- Date: of 2008 i'Y1 L au?L Sunee McAllister Plaintiff t` `? :" r.?V ;? ,?{? ?' ?•? =; {.--. .. t,.i°R ti.. SUNEE McALLISTER, Plaintiff V. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2005-4656 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dater l of 2008 CT Sunee McAllister Plaintiff t :? ?tia '° R t ? ? ---a Ar_ ..4_ ?.?t; ? _ SUNEE McALLISTER, Plaintiff V. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-4656 CIVIL IN DIVORCE AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on 1991 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Datel_ `0 of ----C 2008 Howard McMaster Defendant r I.. 11M "+7 C-D ?. SUNEE McALLISTER, Plaintiff V. HOWARD McALLISTER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-4656 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301(c) AND 4 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ? q - Of 2008 A Howard McAllister Defendant c""7 ?.,, ,?..? ? ? ?,-' c?._ --? <?.? -._ J . ?` ? •?;? ??:;? :?. SUNEE McALLISTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 4656 CIVIL HOWARD McALLISTER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this A ? ^- day of 2008, the economic claims raised in the procee ings having been resolved in accordance with a marriage settlement agreement dated July 17, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, v? ilk-N cc: ne Adams X Attorney for Plaintiff Abert J. Dailey Attorney for Defendant . rM S j t CZ) . .i _ co ,. tL1 --j J t.? SUNEE MCALLISTER Plaintiff V. HOWARD MCALLISTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4656 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301 c of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, restricted delivery, served on September 15, 2005. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: By Defendant: June 27. 2008 July 14, 2008 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 21, 2008 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 21, 2008 Date: 511? /6 ? K Respectfully J *e Adams, Esquire . No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ° C 3xo A" n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Sunee McAllister, Plaintiff <y? VERSUS Howard McAllister, Defendant AND NOW, vW:?, IT IS ORDERED AND NO. No. 05 - 4656 Civil Term DECREE IN DIVORCE DECREED THAT Sunee McAllister , PLAINTIFF, AND Howard McAllister ,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; The marriage settlement agreement which was filed on July 21, 2008 and signed by the parties on July 17, 2008 shall be incorporated gpd4 "erged into this Decree. BYXHE COU ATTEST: J. PROTHONOTARY -,!P/- ?4? 4D ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/29/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS-HGA/CL GARNISHMENT OPS PO BOX 998002 CLEVELAND OH 44199-8002 250-68-6321 Employee/Obligor's Social Security Number 7621000022 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 450.00 per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 450.00 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: $ 103.56 per weekly pay period. $ 225.00 per semimonthly pay period (twice a month) $ 207.12 per biweekly pay period (every two weeks) $ 450.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIALSKMVY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. SHADDAY Service Type M OMB No.: 0970-0154 05-4656 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE:MCALLISTER, HOWARD Employee/Obligor's Name (Last, First, MI) 1 Form EN-028 Rev. 4 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If4hecketi you are required, to provide a?opy of this form to your mployee. If your employee works in a state that is Brent Trom the state that issu di ed this o er, a copy must be provi?ed to your emp oyee 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 employeelobligor. 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 employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Omer/Notice to the Agency identified below. 2491016300 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:MCALLISTER, HOWARD EMPLOYEE'S CASE IDENTIFIER: 7621000022 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 employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 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 P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCALLISTER, HOWARD PACKS Case Number 763000028 Plaintiff Name SUNEE MCALLISTER Docket Attachment Amount 05-4656 CIVIL$ 450.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT CID Y ff ` C•i-• SUNEE MCALLISTER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-4656 CIVIL TERM HOWARD MCALLISTER, IN DIVORCE Defendant/Respondent PACSES CASE: 763000028 ORDER OF COURT AND NOW to wit, this 14th day of May, 2009, it is hereby Ordered that the Domestic Relations Section dismisses their interest in the above captioned Alimony pursuant to the demise of the Defendant on April 11, 2009. The Alimony account is closed with a credit of -$752.05. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. CBY COURT: ,.?? 1 GI Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent Jane Adams, Esq. Robert Dailey, Esq. Form OE-001 Service Type: M Worker: 21005 OF THE " P-,-, G- 01[4"+ drAkRy 2009h' Y 15 Fi'l E. o ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-4656 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 05/14/09 (Z)Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number DFAS RETIRED MILITARY RE:MCALLISTER, HOWARD Sent Electronically DO NOT MAIL Employee/Obligor's Name (Last, First, MI) 250-68-6321 Employee/Obligor's Social Security Number 7621000022 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support Arrears 12 weeks or greater? per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ o. oo per month to be forwarded to payee below. O yes ® no 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: $ 0. oo per weekly pay period. $ 0. 00 per semimonthly pay period (twice a month). $ L. 00 per biweekly pay period (every two weeks). $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR B BAYLEY Form EN-428 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El Ifgheckefl you are required to provide a Copy of this form to your m loyee. If yot? r employee works in a state that is di Brent rrom the state that issued this order, a copy must be provideedpto 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. 34 072 7 612 0 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:MCALLISTER, HOWARD EMPLOYEE'S CASE IDENTIFIER: 7621000022 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (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 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-428 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCALLISTER, HOWARD PACSES Case Number 763000028 PACSES Case Number Plaintiff Name Plaintiff Name SUNEE MCALLISTER Docket Attachment Amount Docket Attachment Amount 05-4656 CIVIL$ 0.00 $ 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 Service Type M Addendum OMB No.: 0970-0154 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 Form EN-428 Worker ID $ IATT q t "` V3