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HomeMy WebLinkAbout05-5089 FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - SoP? C!{"u;L~~~ COMPLAINT IN DIVORCE MOLLY H. WILSON, Plaintiff RICHARD D. WILSON, Defendant 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 the 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, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 MOLLY H. WILSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ -SQP? C/(Ji~~ COMPLAINT IN DIVORCE ' J RICHARD D. WILSON, Defendant COMPLAINT UNDER SECTION 330Hc) AND SECTION 330Hd) OF THE DIVORCE CODE I. Plaintiff is Molly H. Wilson, who currently resides at 267 Hillcrest Rd., Camp Hill, Cumberland County, Pennsylvania 17011, since October of 2002. 2. Defendant is Richard D. Wilson, with an address of 18 E. Lisburn Rd., Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 28, 1993, in Arlington, Virginia. 5. Plaintiff avers that there are children of the parties under the age of eighteen (18), namely: Logan A. Wilson (dob 12/11/95), Connor R. Wilson (dob 7/13/97), and Peyton C. Wilson (dob 12/20/02). 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant are active in the military service of the United States. 10. The parties separated on August 26,2005. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNT I CUSTODY 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE 9 Logan A. Wilson Peyton C. Wilson 267 Hillcrest Rd. Camp Hill, PA 17011 267 Hillcrest Rd. Camp Hill, PA 17011 267 Hillcrest Rd. Camp Hill, PA 17011 8 Connor R. Wilson 2 The children were not born out of wedlock. The children are presently in the custody of the Plaintiff, Molly H. Wilson, who resides at 267 Hillcrest Rd., Camp Hill, P A 17011. During the past five (5) years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATE Molly H. Wilson and 420 Reeser Rd. 2000 - 10/02 Richard D. Wilson Camp Hill, PA 17011 Molly H. Wilson and 267 Hillcrest Rd. 10/02 - 8/26/05 Richard D. Wilson Camp Hill, PA 17011 Molly H. Wilson 267 Hillcrest Rd. 8/26/05 - present Camp Hill, PA 17011 The mother of the children is the Plaintiff, Molly H. Wilson, currently residing at 267 Hillcrest Rd., Camp Hill, PA 17011. She is married to the Defendant. The father of the children is the Defendant, Richard D. Wilson, with an address of 18 E. Lisburn Rd., Mechanicsburg, PA 17055. He is married to the Plaintiff. 13. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Logan A. Wilson Connor R. Wilson Peyton C. Wilson Son Son Son 14. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following persons: NAME Unknown RELATIONSHIP 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Pli.!.intiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff/Mother has been the primary caregiver of the children since their birth, and Plaintiff/Mother resides in the marital residence. 17. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the children to the Plaintiff/Mother. COUNT II REOUEST FOR EOUlTABLE DIVISION OF MARITAL PROPERTY PURSUANT TO 23 Pa.C.S.A. ~ 3502(a) 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. The Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage. 20. The Plaintiff and Defendant have been unable to agree as to equitable distribution of the said property to the date of the filing of this Complaint. WHEREFORE, the Plaintiff, Molly H. Wilson, requests this Court to equitably divide all marital property. COUNT III REOUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER ~~ 370Ha) AND 3702 OF THE DIVORCE CODE 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. The Plaintiff is unable to sustain herself during the course of litigation. 23. The Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor, pursuant to Sections 370l(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until further hearing, and thereupon to enter an award of alimony in her favor, pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT IV REOUEST FOR COUNSEL FEES. COSTS AND EXPENSES UNDER ~~ 3104(8)(1). 3323(b). 3702 AND 4351(8) OF THE DIVORCE CODE 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff has employed John F. King, Esquire to represent her in this matrimonial cause. 26. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 27. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 28. Reserving the right to apply to the Court temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(l), 3323(b), 3702 and 4351(a) of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT V - REOUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF PLAINTIFF AND THE MINOR CHILDREN UNDER SECTION 3502(/)) OF THE DIVORCE CODE 29. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 30. During the course of the marriage, Defendant has maintained certain life and medical insurance policies for the benefit of Plaintiff and the parties' minor children. 31. Pursuant to Section 3502( d), Plaintiff requests Defendant be directed to continue maintenance of said policies for the benefit of Plaintiff and the parties' minor children. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and medical insurance policies for the benefit of Plaintiff and the parties' minor children. Respectfully submitted, Date~~~1?tXJ) 17108 VERIFICA nON I, Molly H. Wilson, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated:~:rJ, ~ j;jjjj;/(J Molly H. Wilson - r.> I(lt ~ ~ ~ ~ ~ ~ ~ 1- ....... 6- .-{) ---. t3 --iC\- -- ...:c,...D ---9 D <0 o D ~2 ~ ~0 f\e in;~ ( ( 'T) \ -". .:'~~\3 "":? '-:~\ ("") "-~)., --fl C.'_\ i(~)? \.0 .:Y' .> :;:?, ,., 0 ._. :~:. C{\ ~w~ ~~~ -(-R-p-- ~~ r-- Q v, MOLL Y H. WILSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V, 05-5089 CIVIL ACTION LAW RICHARD D. WILSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, October 05, 2005 , upon consideration of the attached Complaint, it is herehy directed that parties and their respective counsel appear before Melissa P. Greevy. Esq. , the conciliator. at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, November 04, 2005 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age fIve or older may also be present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Proteetion from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Cree Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 ~fP}Z~~l -;Jlp ~ ~ ~~ ~~ r? ~ trb?'r;; Z~ :8 tid S-- DO SOOZ .5(J -s 01 .5(7.s. 17/ 5Cl-,s: 0/ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5089 (Civil Term) CIVIL ACTION - LAW IN DIVORCE MOLLY H. WILSON, Plaintiff RICHARD D. WILSON, Defendant INCOME AND EXPENSE STATEMENT OF MOLLY H. WILSON I verify that the statements made in this Income and Expense Statement 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: 10.20-05 #J!W Molly H. Wilson, Plaintiff Employer: UCP Central PA Address: 44 S. 38th St., Camp Hill, PA 17011 Type of work: Director of Childhood Programs Payroll Number: 225-17-1238 Pay Period (weekly, biweekly, etc.): Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding: Social Security: Local Wage Tax: State Income Tax: Retirement: Savings Bonds: Credit Union: Life Insurance: Health Insurance: INCOME Other (specify): Medicare P A SUl/SDI Net Pay per Pay Period: Other Income: Week Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compo Workmen's Comp. Total TOTAL INCOME $0 $ 1,769.25 $ $ $ $ $ $ $ $ $ 157.13 109.69 35.40 54.30 $ 25.66 $ 1.59 Month $1,385.48 Year -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- $46,000.00 per year . EXPENSES Home Mortgage/rent Maintenance Utilities Electric Gas Oil Telephone Water Sewer Employment Public Transportation Lunch Taxes Real Estate Personal Property Misc. Taxes Income Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Weeklv Monthlv Yearly $1,418.79 $ 50.00 $ 255.00 $ 150.00 $ 40.00 $ 38.33 Paid with mortgage payment Paid with mortgage payment $ 150.00 $ 55.10 $ 415.00 $ 150.00 $ 40.00 EXPENSES Weekly Monthly Yearlv Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) $25.00 Education Private school Parochial school College Religious Personal Clothing Food Barber/hairdresser Credit payments Credit cards Charge account Memberships (gym) $ 100.00 $ 400.00 $ 40.00 $ 400.00 $ 44.00 $ 120.00 Loans Credit Union Miscellaneous Household Help Child Care Papers/books/magazines Entertairunent Pay TV Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony Payments $ 850.00 $ 4.00 $ 120.00 $ 70.00 Other TOTAL EXPENSES: $ 4,935.22 PROPERTY OWNED: Ownership Description Value HWJ Checking account 0 Savings accounts $ 25.00 J Credit Union Stocks/bonds Real estate House $180,000.00 J Other TOTAL $180,025.00 INSURANCE: Company Policy No. Hospital Tricare Prime 488747234 Blue Cross Other Medical " " Blue Shield Other Health/ Accident Disability Income Coverage HWC HWC HWC United Concordia Group 846172000 H W C Dental Other H husband Wwife J joint C child SEIH 8Y: ORRSTOWN BANK SILVER SPRING 717 791 2784 7;MAY.3.05 11 :17; FOIm 1040 Label is..~} Us. the IRS.......,. OthBrWtse, plee... pOOl onypt>, ""'411_1 - CampOlgn jSoo..............1 Filing Status Check only one box. Exemptions It mote than "ur dl>pelldenls. eee Instructions. Income _flllJll(sj W.I:__ _F_ W.a;and1\1ll1.1l IflU...whIItIeId. Ifl\>ud~"'" 9'" . W-<. seeio:rtnH:tions. Eoclo5e. but do not atadt, any paymerA. -, _u.. t:'ann10t0-V. Adjusted Gross Income ;1 ~d1h8'rf*Il'Y -h'llnm.l~n_Senoloe U.S. Individual Income Tax Forlhlt J3n1-0ec;31,2004.ordhl!r18r 'r'D"hD;ll1M 2004 2IlO4,endi sturn 99 IRSUiIlOtiI -D<>m;Il.W'1bloQl" PAGE 8/13 , ,. " , 2G OMS /110, 1M! ;II ....._-nr- 488-74-723 . Hill FA 17011-0000 .. NoH:: CtlecI<;1nQ'Ve;e' 'NiI1 not dlange your Of reduOlJl yoUr' refUnd. You Do or our use iffflin a otnt ntlum t $3 fj) 10 this fund? . ' . . . . . ." V.. No Y. I Single f, 4 Head at hou..hold (wllIHfualJfylng _HS" 2 -,,_w..o..t_ilonIyOOOhaCt:l i",-s,)fflllo ouaIJfying person is a child J' ".,1""'''' but not your d_dont, o"""lIlI. chlkJ'. 3 Mi!ll'liedfiling!5elNlfatel,.Enter$potl.5ie'SS: abower.(ulI namehure """ ~hcre. ~ r 5 Qua If wIlhd e. Y_.1f someona can ""'1m yoJ 88 dependllfll, do not check bo. a8. . . . . . b II """". ' . . . . . . . . . . . .1'. , . . . . . , . . . . . . . . . . . . . . . . . . _d<>_: I' (2) Doll8fldonf. (3) 08pondarrrs < sOcIal security rNthifll'thfp J number k;l you Riohard ~lJPlIllrtltJJJJ1. &A:lUlill!l'.nl'llf,... Ml j,lI.IIt_ D nWilson MI ll.8Stnanre PWilSDn -...... \i ~"". d TotulnumberoffWHTl don.Bacla.wned. , . . . , , , . . . . , . . . . 7 Wa_._ri..,lipe,oIo,AIlllohForm( W-2,...........,............ 'ulaxabl.lntel'9Sl~Sd1eduleatf ulred ~".,...., . ... , .. . h Ta......mpt Irdetel!lt. Do nt'llncllJde on n. Sa . . , . . . " I) b Q e On:Jinory dlvld._. Alia"" S""OClui. B . ulred........... b~'t1~,.............. 'll............ Qb 10 ra:~~CJMb."'~crl~tlJ'ldITjlncome1axe$(seelrNuctlOnS) . 10 11 AJlmony receIvfxt. . . . . . . . '3' .' . . . . . . . . . . . . . . . . . . . . . . . 11 '12 Bu~lne$$incorneor(IO&S).Attach IeCorC-E;Z..,.., .........." .... 12 13 ~9'''orO"..).AttSchDn"''ld,lfnotr cU......,.........,.... 0 13 1. 0..... gelno or (100-). A..."" Fonn 47~ .. . . . . . . . . . . . . . . . . . . , . . . . , . 1. t5atAAdiatrtbuUon;s.. ,." . 1,.. Il b Taxat:.>l$atnOurIt(eeein61rs). '1Sb 1'. PeJ'l5fona; and annuilles . . . 18a b Tlilxabl& smourtt (Aee Insn) . . 1Gb 11 Rentatreatostala,roy"-._ Sco~S,,","'.01C.AuacIlSctledu,"E... . 11 18 Ferm!n""""'or(loss).AlI8chSctledulo . . . . . . . . . . . . . . . . . . . . . .. 18 it UnernpJoy"""'tC<lrnpel108\l(ln.... . ~ . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 20. Sociaf!8C~ btlnefits. . . . . . 20. l" I b Taxable amount (seelnsn} . . 2Gb 21 OIhef incolfJ8 . 2' U Add the 8mOu~-I; the-far rT tit ~kJrii; r~8s -, ~ro - - 2':- Thin ia - -rt~;I;com.: -: -~. 22 23 Educatar""ponsas(_in_"""l. ..'........ U 2. C_ busl........_ af"",-, periormi _ and feo._ gD'Vi'!tJ1menloflk:i8/$.~FcwmZ106or21 . . . . . . . , . .. 24- 28 IRA deducllon (...1nIdru0lian&) . . . . .. 28 28 Student loan inlllfest deduQloo (sea In. 211 27 Tultlon 8nd _ daducllon (...a lnatrua 27 Z8 Heallll _1lIJ8 /ICCOUnl dodlJcUon, A 28 Z8 Moving expon.... _ Form 3903. . 28 3D One.half of H1(.eITlPJo)'lTlflnl tax. AIIacb 3D " SeIl...."ployodhoeJthl"".....noededuotJ (...Inon)..... 31 32 SeJf..employad 5EP, SIMPLEi. and, quallllf' pI...s . . , . . .. 32 33 Penalty on earty wlthdrawet of 'GavlOgs . t: . . . . . . . . . ,. 33 u. Airn(:fty paid b Redpit9'J SSN. . ....! " 34a ., __23lhrough34a.... . . . . .. ............... 36 SubtrBct lIDe 35 trQfl'l Une 22. Thts Is r f'OIil Ipgome. . , BAA Far Dlsclol'lUre. PriYacy Act. 8nd Peperwork. bduc:1Ion. NaUcot ... btatruetlona. Moll H Home add1l8M(numbrrlWld.v..x).It~y hlMl. p..o. toJc. 267 Hillcrest Road CIt)'.lDwnarJKl't~.I1)11lClna""BforeCn~_ st!lII ZlPGtldoi Ca 1 F\1'81 naI7'l& La an A Wilson Connor R Wilson Pe ton C Wilson .-1- (4) . ~ tax""'" (-~l Lutna 2S1-97-907S 657-01-6223 201-S0-4496 Son Son Son ! 141. FDlAlIl1~ 11110104 717 791 2784 7 MAY 03,2005 11:20 CftifC! see instructions -- on...",,_ "I "'o.""~ldr.n _lI::"who: . . Hw.d l wlltlyou. 'I' -.not , IMwfttI)'01ot ~ duat6~ l ..-- ' {...!tIIrb) , .j D1P.J.~. I' ......... -........1 Add NI~ 1 ....- ....... 2 3 5 493. 7 995. 3 .183. 10 611. 141. 530. (2004) page 8 SENT BY: ORRSTOWN BANK SILVER SPRING ; 717 791 27B4 Richard 0 & Moll H Willon . 3!1 A. mount from line 34 (adjusiad Q'O$$ inCO~) ...... .' ..., -- ... ... . ........ 36.. Chtck _[ 8 You were born beforl'!! Janu 2,1939. 8 Blind. TQtal boxes It SPOU$II: wflS born before Ja ary 2. 1939, Slind. chack8d to 36a L b If you Bre marriad filing s8parar.e~ ~d YOii $pOl,1ft.(1l ilemize'i: dedU.~Uon..., . or you were a dual-':iitatus alien. s~e inslru. 'ons and check here .. . . - . . . 'S1 ltemiozd deductiorn (flllm Sl;heduleA) Qr)'Ourtitan "' rddaduction (:lee leftmal'QllI) ...." i:l8 Subtract line 37 ~om hne 35 .....,.... .U...................,.,.. ......... ..... ~ If line 35 is $104,625 or 18ss.\. Ml,JluplY $3,O!it> by the total number of@K8n1pul>ns daime,d (In line 5d. If line. 35 IS over ~104.625, see)1e workSheet in the instructions.....,....... 39 AO TiU:.ab~ Inctme:_ Subtr3tt IiIWl 39 fr(lm liRlt 3$. i! 41 ~~~~ :~$:~~ :~l~ea~~' ~:~ ;r~m' .~ .ti~o'r~~)- 8814' 'b t)F~~~1'4972 42 AlterMdve minimum ta)c: (see InstJuctiortli)l!Attacn Form 62!51 43 Add In1eS 41 and 42 p. 44 roreign tax credit. Attach Form 1116 it req~fred.. 45 Credit for I;hild 1100 dependent care MlpotlSts. Atta<:h Fitrm 2441 .. 46 Credit tor the elde(Jy or the disabled. AttaGH Schedule R , IJ Education credits, Attach Form 8863.. ... H-.. . -.... .. 4B R@:tirament savings contributions credil. At~Ch Form 8880 . 49 Child tax credit (see instfuc:tio(ls) , . ,Ii. . . . 50 Adoption credit Attach Form 8839. . ... .iL. , .. ,...'. ., 51 Cr8dlb; from: ... OFl;lrm 8396 b 0 Form 885*, ,.,.......... 52 Dlhet credits. Ch~ck applicable bO.1:(es): '~O Form 3800 b 0 ~~ . OS"";,, -.L 53 Add lir1€s 44 through 52. These are your ~ crtdlt$ . . 54 Subtract line 53 from line 43. If line 53 i$ rEl Ihan line 43 \,'lnwr -0- . ;; ~~i.~m~oJ:nlt:~~:: S::nuj:pSl~'~ ~t' rn~~~ ~ ~~~;o~~ ~~b 'F~~ '41~j . . 57 Tax t:ln qualitied planll, inellldi.l1g IRAs, and Dimr ta.x-fli~ored 8.CCOlJfItJ. AtIac~ Form S329 it reo,uired . 58 Advance earned inGome credit payments fri)m Form(s) W.2 . . - .. . . . . .", ..' 59 Household employment taxes. Atta(;h SChe#Mtt H ......, ,..,....." .,." 60 Add IiflClS 54-59. Thi$ i~ urtotll t.u . .. i. 61 rederal incomB lax withheld from Forms 2 and 1099. 61 62 2003 c:lob'mlltoo tax puymenb and umotlnt applied fro~12OO2 return . . 62 I 63 ~rMdincom.c::Ntdit(EJc).... ._......~t........... 63 I 64 Excess social securHy Ind tier 1 RRTA tax wit/lhflld (seij instfU(:tions) . 64 65 Additional child tax credit. Attach Form 881~ ...,...". 65 66 Amourrl: pel'lll with request ror t!rtHnsloJl to file (see in uctioflS). S6 67 QUltr pmts; fron); " 0 form 2439 b 0 ~nn ..1 ~ 0 Form 88B5 67 68 Add fllles $1 thro h 61.l"he$e are ur tota, a . ... .... ..,., .. 69 If lme 68 ;1 more than 1I11~ sa, subtract line 60 from 1/ 6S. This is the amount you overpaid , . 70. Amount Of line 69 you want retunct.d to . , , . . . , . - ~ b Routillg number ... 2313&2241 ~ c T "' . d Account number . . , 2337&0 71 Amount or line 69 you w~nt .all'plied to Y\U 2004 ~i tax . ' .'" 71 n Aml:ud: you (I~. Sllbtra~ line &8 from line 60, For d.ih on mw !,l,1 pay, ~ee instructlons . 73 Es.timated tax e-nal .see instructions) . . . ; 73 I Oo,yol.l want to :;illow another person to discus.s is relurn with the IRS (see lnstructions)? ...... ..,.....',..,.... ',H ".,... ... ., , .., ". 0 Yes. Complete the following. Dt::J~~." ~ Per!looallMnll1lcatian !l::Ime I)()~ nw'r'lbar'1 ~ l,I~r ~f\Ilnloo Of O&i'JUf'y, I d/l"bMll th:ot J hlI~ colmll1ined \his r urn.....d oca:ur~l1)'ing $l;he~ >lncl ~tiI'OrrIQrTti, ~ ~ 1~ !xl:;1 Q+ my ~,1Itl(l befie1,1:l1!tYilrlltTUl, correct. anacQr'l"lPlC~.~IQl1I)'!lfe~. (Qt.h:orNn~i;~'mall~Q!'\'lIichpl1lpaf'&ft.lsM\Y~' 11 Your SlgIllltul'e j: tQte Your OCCl.patlOn Dayfime phone nlJT1bel- ~ ~ . All others; SinCJle or Married filing sepi;lrately, $4,150 Milnied filing JOintly.: ()I Q!Jalif'ling wtdow(eor), $9,500 Head of I ~~~MohOld, L- Other Taxes Payments j( you have a qualifying Child, attach Scht!:duH.:! EIC. Refund Direct dt:lPOSiP Site instructions and fill in 70b, 70c, and 70d. Amount You Owe Third Party Designee Sign Here Joint return? S~e instruc1ions. K&fiP a copy for yOUf (ecords. Paid Preparer's Use Only Spu~e'S ~i~lun~', II II Pint retLm, bl1th mUllt S/Ofl. ~ "".. " i: 7;MAY-3.05 11 :16; 44 46 46 47 48 49 50 51 1 200. 1.600. ~ 53 .. 54 55 56 ~7 58 59 ..'" 60 15 367. .. sa 69 ..'" 70. PAGE 7/13 16 9~9. 96 6 5. 15.2 O. 8] 3 5. 13 964. 13 9.4. 2.8 O. 11 1 4..:. 11 1 4. 15 3 7. 4 2 3. 4,2 3. o Savings IE! No Const run i on Su $pwse's ~hOI'l f'>re(l.are~3; IlL -.. ii i' ~1li'i:KIIl..,m1Q\o}"'GQ Fitm',~ :~~~~OO}'" addrtlSs,anc:l ZIP cod,!' $~lf,pr~ ared " FD~ll:2: , I Olfl6/().4 "'" """"""" MAY 03,2005 11:20 717 791 2784 7 form 1040 03) I Page 7 ; 717 791 2794 7;MAY.3.05 '1 :17; PAGE 9/13 SENT BY: ORRSTOWN BANK SILVER SPRING Fl fIT) 1040 2004 TlIxand Credits lItllt>d.t<l o.duc:Uon 10<- . People who c:t'H1lcted any box en Iln@ 388 or 38b or who can be claimed as a dependent. .... Intitruc.tions. . All othot'$: Single or Married filing separatQfy. 14.650 MarrlodflUog jo4na_~~r a""lIIy1ng widow(erJ. $9.700 Head of hooRehokl. $7.150 Other Taxea P IO}'meI1ts H~have8 qua~ng dllld.allildl SCheduJoEIC. Rlffund Oln>ct dopos~? Saelnetr_ end flU In 72b. 12(;. Bnd 72(1- Amount You Owe , third party Desl nM Sign Here Joint return? Se6 InolruClions. Keep a ~ for your records Paid Pmpall>f'8 Use Only Pa e 2- 530. Richard D ~ Moll ~ Wi1so ~7 Amountlmmlh... 36 (edjusled IV_In' me) . . . . . . . . . . . . , . . . . . . . . . . 38. Check {Bvo,,- WQre born before J uary 2.1940, B 611rld. Total Ixuce$ 1< a_waebomba nuary2, 1940. Bllnd,"-" 3&. b tf your SPOUM llemttes on Ii! separa1e nWum. or you were a duaHlotatus a~.86elnstnJetlon8andch6Ckhere J:\. . . . . . . . '" . . . ~ . . . . . . .. ~ Ub 0 38 __(fromScho<JuJo...,...JOtaI~_(...Jeftmargln). . ' . . . . . . . . . .to Subtraetlin$ $9 from line 37 . . . . .~J\. . . . . . . . . . . . . . . . . . . . . . . '" . . . . 41 It Dna 31 iu. $107,02501' 18u.u., multiply 100 by the lotal number of exemptIOns daim&d onlln&8d,H&ne37iaoverS107.025.6 thcwori<s;~tintheln.stt'UC'lton5,.....".. 41 42 T__SoIlJo<l1lne41 Irom tine 4D. Ii 43 ~~~~::"a:=7a:::~ ~ 'd~~i~l~ ~.D'f~4~1'l'. ...,.... .... A_tlva minimum tax (oee inabucl1ll"a). Anach Fe"" 6251 046 Addines4Sand44.. ....... -1'-..... . . .. . . '" F0l'81gntaxctediLAttactlfOnn1116l' . ired..,..... 4{ri 47 Crodil""ehIld...._.....""'_ F....2441 , . . .. 47 48 Credit for th$ elderty or 1M disabled, oh Schedule R , . ,. 48 . d 49 EdtK::a.tiOn credtts. At\8d;, ftQrm &663, '!I' . . . . '.' , . . .. 49 50 ReIiremef1t savings contmulfOllI& credit !t'tIach FOJTT1 8880. ." SO 51 Cl\l1dm~cl"9d:lt{tieeif1strucl1on8)" d.I:. , . . 51 52 Adopllon or<<Ii\. Attach Form ll&39. . . ~ . . . 52 53c...lilolrom;aDF0l1118396 bD 81lS9........ 53 M 0Ih... "",<lIIa. Checl< applicable box(..); ! . 0 f""" 3IIJO b 0= oDSpodfy , , 54 ~5 Add tin.. 46lhrough 54. The.., ore you ontdlla . . . . . . . . . . . . . . . 56 Subtntct line 55 from lMi 45. If"Tle 55 is ore than 11nl:'t 4..~, enter -().. . ., . . , , . 57 SBII.....pIay1nellI...._SdteduJeSE..~... . . . . . . . . . . . . . . . . . . . . . 58 S<lCiaI..ccriIy.ndMed.........ijpirol... '-'""1O~._.Fonn4131 .... , . . at AddRlonallaionlRAs.D!twquilllflP.c:l~ rtS,etc.AnschForm53i9lhequirro , . , . . . . . .No .eo Advanoo earned inc:orne aedlt paymGl'l 0 Form(s} W.2 , , , , . , , . . , . , . , . '1 Household empk)ymenttuM. Attach S tIldule H . . . , , . . . . , . ' . . . , , . . . " , , 62 Add n.... 56-61. TI1i<~ _....... 83 Federal Income tax wllhhald from F~.:J ~ and 109Q , , 64 2004 estimated IBl payrn!'nts and al'f'lOUnt awI~\~ 2003 return . , OS.. E8rnad J_ ....m (EIC1. . . . . . ' b NOfQ.able ~ plIy d8cti0n. " . ~ $5b lID Exce$""""I_Ulity.nd....tRIlTA.... (...-no) 66 ffT Addltlonal ch~d tax cmdlt. Attach Form 12...,... e7 D8 Amuuntl"'..wUh_faf.....,.ion"'fiJel _ens)...... 88 a9 OIhetJlR1l'Jron< _ Q:ormZ439 b OF"'*"lfi . OForm8ll85 69 70 :n:e83.D4=1I ~~11~~.. . . . . l', " . . " " . . . . . .. . . . . . . . . 11 If lioo 10 is noll:!h!In line &. suDma 11M 6l line 10, lhis is lhe amouri you 0WfJIIliid . . . . , na. AmQ\4n\ of line 71 you want fCIrfur'HHd 1:0 . . . , . . .. b Routing number. . " . . 23138224 ~ e T Ill: Checking .. dAo:Qoun\numbBr. . . . .233780 13 A/tiOUnt oIlioe 71 Willi'll 10 2G85 14 _ JllU _. Subinla line 19 from line 62. 15 Estimated tux 81 Sf:WIln$fNotion$ 1lol"".......__""""".."''''''IlliS''''''''. ~I ' ...me - Ur0ct8r~lttiMt!lfpotJljury.j~Ih8tlhll'le~th6f w.r, 1tJg~ IlrtllnM. ~ alKi oompkJ6Do.l)e(:lllratlcn!;lf YDtII"lUg1\1ltWe . SpOlla,/I'. ';llnllllU"'" it ujolnl relum, but" m.- ~<l. . 6,637 . 0,893. 5,500. 5 393. 2 )19. 1,200. 3,000. ." .200. 119. 282. 951. )52. 53 6<1 OS. 12,686. 1 686. 1334. ,334_ o Savings taz.. .73 _oolmw"'JIOl'....lnsIruo:Iions .......... 75 ll1eIRS("'_Ilol7 . ~... number N rn.rn:I~YIf1Q"'1__.nd~andlOlhlJbelItrlm)lk~WId to (~he:rUKIfltalc:p2l)'II'1l&~Qltafllrrfcrm8ljoodwnldlPft'INIl'lllrhlll."ll)'k~Q" ;:' 0M6 Yo,u~1lJlI(tIoIl Oujltln'llt~numb<<! ! ~~a ~ Ffl1fl'llVinWI Self-Pre ared ~urar .... ~~). ZlI'_ ii I I; li .,... Construction -- In.s:truocor i; EIN """,,"00. Form .. (2004) " fiDwl1\z 11t1<l1G4 ! Ii Page 9 MAY 03,2005 11:21 717 791 2784 7 7;MAY.3.05 11 :18; SENT BY: ORRSTOWN BANK SILVER SPRING S(.;HEDULE A . IFonn 10010) ; 717 791 2794 I' .1 It11Zed Deductions il'" ch to FQI'm t04O.. for Sdtodulo A (F""" 104ll). o.pattmam f;!ItfM, TroMalllJ lnt8maJ~IlLB&etv1C6 [rilPl ~ame(t.J MQWfI OIl Form 100.1 Richard D M.dIcal and 00....1 Expen-w Your deduCUon it/. not limited. Add amCUnta in !he far right colUmn fQ, linea 4 lhrough 27. AI5Q. enter amounr on Form 1 ~O, line 39. Your dedllCiion may be gmltec1, Se nsIroctkm& forttte e.mountklenlBr. I, " BAA. ForP~.aIiN6dl.RedudJon Act ~... Form 1C)1O.....+uons... I T.... You Pajd (Soe instruCUClnlli.) In1antot YouP.ld (5.. fn$Vuctioos.) N_. Pe""",.. 1n~.i11l not dedudiblo _to CIuIr1ty If )'Cl'u made aiJlftand got a benefit toru, Aa~ imlotructlon&. ea_tty and T1Ml1 LDueo Job Expon.... 20 _nd_ Other 11I10""""",,,,,," Deductions (5.. Ineuucdons.) OUwr Mltlcolle\'M'oUS Deductions Total ttemJMd Deduction. "" S..I,.. " I' & 111011 H WilBon Caution. Do not lneluda $xpenses n!tJm~ or paid bY' olhe($. 1 Madical anddemaJ """"""'("'IflOl1J<llO"'} , . .'. . . . , . . . , . 2 Er'ltef8rnourti'Om F<<ll'I 1040, line 31 ... % 3 Mulllplyllne2by7.S%(,075). . . . . . . .h, .. S....btract IIno 3 fA:lrYlline 1. ff line 3 j$ mare Doe 1 ofrtor....o- S S"'~te and - (<he<k only..... """); n r " Income 1axe~ or 1\ b Generat aa1$u taxeB (8&l!I in05rrvctiona)\j _ 6 Rell' Mtale IUxs.s (a.ee in$tructkJns) , , . .!L . I' 7' Person-.propertyl8.X8S . . . . . . .J'.. . . , . . . 8 Othertaxe.8. Usf fypear'ld emounf ~ _J~ _ __ __ _ _ __ 5 6 7 9 Addiiri"-S-lh- h8-:-:-::-:-.. .-. ,-: 10 Home mtg illlO<eOl am jMli""...... Jo JOIlCl\ F 11 HomEt mortgage Int8l'Et$1 not reportBd 10 you W paid to 1he pe....,., Imm whom you bought InetNctions and sI'lo\ly that person's namo, and addrea$ ... 0IIJl....... Form 1098. e home, BOO n1lfying number. I' Ii " --------------------~----~----- " --------------------*---------- 1.\ --------------------~---------- 12 /i,jm$" ...m;;.~foyooOii ["oIm 1098:-S; i.;;.;Jliidruies -.-. -: -: -:- -:-:- 13 Investment interest. Attach Form 4QS21f ;;;fj;d. (Seoi'-.) . . . . . , . . . . . . . . . , , H' . . . . . , . . 14 Add"""" 10 I!1rough 13 . . . . . . . . . . ., , . . . . . . . . 1:5 GiftB by cash 01 dleck. tf you maoo arly gift 'I $250 or morc, 16 ::=;:~~~;~..lf~~.9~~.$JL'~ . . .. . , morB, sae Inotruc1ioos. You mwn.BltaId'l F~8283lf over$500 . . . . . . , . . . . . . . . . , Ii. . . . . . . . \' 17 Canyo'lfQt from prior year I) . 18 Add lInM 15 thr h 17 . I. 19 Casual or theft k:l G$ , Attach Form 46.84, See IMl(uctions.. Unrelmbur&ed emp'oyee 8Xp&nS$8 - job ttG ,union dues, jc)b edOCBtion, etc. Att8ch Form 2106 Of 21 Z ff required. (See InstnJctioM.) ... F ----r:----.----- ======:========::::=~=========: 21 Tn. prop....lJon fees. , . . . . . . . . . . ." . . . , , . . , . . 22 Othef @)tp&n8eD - investment, safe deposit ~x;. etc. List typeandsl'rlOunt ~ _________.J!__________ " -------~------------~---------- 23 Addlln..20lhrough22 . . . . . ~i' . . . . . . . . . . :z.c Eftoefamoot1\1romFoonlO4O,1Jne3., . . Ii 2S Multiply Ii"" 24 by 2'''' (.02) .., , 2.6 Subirac1 line 25 from tine 23. if line 25 ~a m 27 Other from list in lfle Ino:lrucUons_ lib! type, amount .. , -------------------- 1------------------------ 28 I. Fonn 1040, line 37. over $142,700 (0"'" $~ ,350 ff MFS)? IKIN.., OYoo- FDwX'lOl l1JmlO4 ~ MAY 03,2005 11:21 717 791 2784 10 958. 7 PAGE 10113 OMBfW.>..l 200, 07 i 1 S94. 1 ,968. 1 , Schedule A (Fonn 1 c10) 2004 Page 10 SENT BY: ORRSTOWN BANK SILVER SPRING S':':HI!DULE SE (Font> 10'" ; 717 791 2784 7;MAY-3.05 11 :18; PA3E 11/13 0ftrIm~" ufthl) T.--;I}' InL!WMIR\&wnllllSn....io!o L Self~mployment Tax II I OMBNo.1 74 ~ Attach to Form 1040. ... IMtrucUona fur Sc:t.dule BE Form 10040). Soda! 89CUrlty numb$/' of pertKJn with seIf..mplaymem Income ... 200. 17' ~. af P8IllOfl WlUl Ntt"lWllflloytMnt l~rn.lall thcMrn on Form 1040) Moll H Wilson 225-17-1238' Who Must File Schedule SE You mu6f:flle Schedule BE jf; Ii . You had net eaml!1Qs from setfooempJoyment from othet then dhurch employee incomu (line 4 of Short Schedute SE ot &116 4c of Long Sdledule SE) of $400 or more or ;; . You had chutcf1 employM Income of $108.28 or more, 'ncomJlfrom services you porformed eB e rniJ'lister or a member af a religious order" not chuM emplO)'88 Income (see Instructions). !i Note. Even It you had s 1013$ or a 3mall amount of Income from ~mpIoyment. it may be tv your beneflt to rile Schftdl..lla SE and \.I&EJ either 'opUonal method' in Part II of Long Schedule SE (Me insttu, ,'00$). ExcepUon. If your only 581f--empbyment Income W811 from tf8min as a minister, mQf'l'100r or a retiglou$ order, or Christian ScIence pMCtif;:tQn&r.OO you ftIed Form 4361 and rec:aivOO' IRS approval n 10. be IlIxcd on thoM earnings, do not me SGhedule SE. Inate-ad, write 'Ex<<t1pt ~ Form 4361' 0f1 Form 1040. line 57. ( , Iby I UM Short Schedule SE or Must I Use Long uIG BE? Did You R8ce Wag_ or TIps In 20041 " No WaG the total of your wages and tips ~ubJaet 10 sodal 59Curily Of railroad retirement lax plu. your f'tEll oomingtJ lrarYI self-employment more than $87,900? , i: v.. Am )Iou a mlni$'ler', member of a religious order, Dr Christian Science practitioner who received IRS appl'OVEll not to be taxed on earnings from ttreoo 8OUfCeS, but you owe oetr...employrnent tt~ on o1tler eamlnQ~? No No Are you u81nq one of the optional methods to figure your net eamings (see Instructions)? No Did you receive tips 6Ubj&ct to &OOialsecurlty or Medicare tax that you did nat A!lport to your employer? No Old you receive eh-..rch t;imployee Inoomc reported On Fontl W-2 of $108.2S or morn? You Msy UM Short Schedule BE Below Ii Ii I: You Mu.t UM Long Sdutdule SE No " I' q SectIon A - Short Schedule SE. cauUon. Read .bow #..... ij you """ 0.. Short SOhedul. SE. " Net farm profll Of (loss) h'om Schedule F, Ilna 36. and farm PitnershiPS. Schedul8 K~1 (Form 1 (65), box 14, eodo A . . . . . . . . . . , , . . . , . . . . . . . H . . . . . . . ' . . . . . . . . . . . . 1 2 Net profit or (IOGA) from S(".hedlJle C. line 3'!.i Schedule C~EZ~\le 3, SchCi!dule K-1 (Form 1065}, box 14, coda A (_thon lonn.,g); and _to K-1 ("onn 1005-8). b /9 Minis...,. and momba,. of ..1'9lous orders, see Inatruotion.s for amounts 10 roport on true. line See lnstru ons for other Inc:ome to report , . . . . . . , 2 3 COmbinellnes1and2......,......,...,. E...,.",...,..... 3 I! 4 Net aaml"G* (rom ""..mployment. Uultiply Une 3 by 92.3~% (.9235). If 19t11!li than $400. do not nJe thlfl,:&chedule;youdonotowesMf-Gmploymanttax.....;~.".,.. .,........ ... . .... 4 5 SeIt..rnploymenf. tax. If1he amount on line.4 is: :: . $87.900 or less, multiply lirw 4 by 15.3% (153). Enter the ~8l.I1t here and,," Form 1040, llno 57. 1 . More than $87,900. mll'tiply.ljn~ 4 by 2.9% (.02li}. Than, a" $10.899.60 to the resull Enter the- _' . . . total here and on Form 10.e.o, Uno ~. !: 6 Deductton for ""HOW of ..W......ploymant!.ox. Mul~ply Ilnil5 by 50% (.5), Enter the result hara al)d 011 Fonn 10.t0. line 30 . . . . .. ........ 6 SAA Far P.perwort( R4MtuetlM Act Hoke, Me Form 1fMO ~ns. I! I: il'"DtA1101 05I0e.(H I 995. ,995. .842. i ,I !! MAY 03,2005 11:22 717 791 2784 7 Page 11 SENT BY: ORRSTOWN 8ANK SILVER SPRING o.p.rtmeot Of the Tr_l~ lnlillmal RfrvenuttSeMco!t ge} NBrm(&) ohown on FDfIfI tCWO Richard D & Moll ; 717 791 2784 11 Child and D~pendent Care Expenses " ... tttach to Form 1CM.O. separate InstnJdJone. 7;MAY-3-05 11 :19: PAGE 12/13 :~2441 OMBNo.1~a . 200!4, 21 YilIU/' ucW HCI#tI:y nunriHr 488 74 7234 H Wilson , _ J'OfIINg/n: You IlOGCIID und8rl' nd lIle foHowIng tsnn., See __ in lhQ In.IruGliOrtll . De_me.. _, ~PInM(.1 . au._E_, Persons or OrganiiQItions Who Provld the Care - You mUllt complete thlo part (II ed Jh bolto 2) I' )"QU "" more space, use . 010 pagEl , 1 (.a, Care provider-'9; name i (blAddrn... (e) lde~no (d) AmOlj~aid (no_. street, tno.. city. state, and ZIP code) (SSJ<l or EI ) (seoln.1riJ ""0) Defense Depot Susq PA ~~il_diI.!.s.. !l.~_____________ New Cumb, land PA 17070 23-1420602 13 .i090. 66 ------~--------------- i J: , Old you rocetvQ d.pend.nt care bvnorttD1 " i! ii i No Y.. ~ .. Compkite only Part II below. Compl8t8 Part III on page 2 nexl; Ca""on. If the care wOO provided In your home. you may owe 8m ymenllaxG$. See the Instructtons for FOI'TJ'I 1 040, ~ne 81. _ Credit tor Child and Dependent Ca.... Ex nS85 2 InfoflTl8tion about r uAl . . If have "& than two 001 (a) Qualify~ng person's Ol!lmft ana:, see tho Instructions.. (b) O~alifyjng paraon'6 60cial s9Ct.lrlty number '3 273. 19,818._ r 16 000. '2,100. An;t Last Lo an Wilson 251-97-9078 See Additional Qual' in Peroon s 3 Add the smol,lnbl; in column (c) ofJlnA 2.00 IlCIt entermoro ~Qn $3,000 fot-OrtEt qualifying pt;ll'5on or $6.000 tor 1M) or more persons. If you ~Plft~ Pert III, 9nIP.r the tt'JUr'lt from line 32 . . . . . . . . T . . . . . ... Enmryour..rJ18dlneom..Seefl'l$lructions...,... _1:. , . . . , . . , . . . . . . . . . . . , . . . . 5 If man1Eld tiling jOinUy, eotat' your spouse's earned JnOOl'l'\El (Jfl~ur epooae 0& a student or Wl!l& diool!lbted. see the instructions); .U olh&ra, er'lt$r the aiilount from line 4 . . . . . , . 8 Enter the Inhillqt of line 3,4, or 5. . . . 1: 3 4 7 EnMr thA- amount from Form 1040, line 37 . i~ . . .. . 7 107 530. I II e Enter on line a the decimal amount shown bEllow that a~ie~jto the amount on line 7 tflh... 7 I.: I! trOne 1 hl: But not De_of I; But not Oed.... o...r ov... -.. o...r ovor amaunt18 $0- 15,000 ,35 ./: $29.000- 31.000 .27 15,000 - 17,000 .34 1: 31,000- 33,000 .26 17.000 - 19.000 .33 I 33,000 - 35.000 25 '9,000- 21,000 .32 !' 35,000 - 37,000 24 0.20 21.000 - 2<1,000 31 37,000 - 39.000 ,23 23,000 - 25,000 30 j! 39.000 - 41.000 .22 Z5.OOO - 27.000 .29 41,000 - 43.000 21 27,000 - 29,000 .Z8 43,000 - No limit ,20 215 247. 16 1000. 51- Multiply rlne e by the decimal amount on line 8 If yOU paid 2 10 Enter the amOt/tlt from Form 1040, line 45, minus any 11 CI"edIt tor d1Ud .00 .pvndent. caN .xpMIses. Entl!lr tn. h&mao(lonForm1040 110847....... ......., BAA F()( P'8p8rwork RtKIuctl.... Act ~ I" M,...... In 3 expenses in 2004. see the instrucUons. "" Form 1040;!ne 46. . . . . . . . , IlGf of I1ne 9 or line 10 e ,200. 10 1 319. t1 200. Form 2 1 (2(l()4) , , , !' 1~121l111Sr'04 I: I' II MAY 03,2005 11:22 717 791 2784 7 Page 12 SENT BY: ORRSTOWN BANK SILVER SPRING 717 791 2784 7;MAY-3.0511:19; PAGE 13/13 - Oftpartnw'ltrttnaTr-.ury InbsrMI RolWMu. 8eNa Nl!Im.lJfp~r Net pr~fit From Business ("Ie PToprl.......hlp) lI>- Partnenhlp.. j04ntwftrtUfM. etc, mlMt No Fonn 1065 or 10EiS-B. ~ Attach to Fon1Il040 ...1041. ~ s.. Instructl"",,_ OMS No. 1 4 ..SCHEDULE C-EZ (Fonn 1040) 200~ 09Ai Moll H Wileon _ Generallnfonnlllion i: " fij..m.l-..rIly...........IUN) 225-17-1238 i! You May U.... _r Schedule C-EZ Instead of Schedule C Only If You: . Had buslneu expenses of $5, q or lest. ~! . Had no employees during the y~ar J . Are not requff'ed to file Fonn 4582, ~ Oepred2ltioM and Amortization, for ( this bualness. SA. the InslnJetkina : for Schedule C, 1100 13, to find out : if you mUiJtflle. " . Use the cash method of aCCOUrtin9" . Old not haV8 an Inwntary at a~ Ume during the year. Ii . Old not h.(we a floE'It 10M from Y4Pr business. 1: " . Had onlV one bus/ne" as 6 ~ proprietor. ji i And You: . Do not dAduct expanses tor busl- ness use of your home. . Do not have eoor year unallowed i p~jve activity 108$($ from this buSlOeBS. A Princlp~t bUl'iint'lAA (J( J"rofeseion, including product or eervio+! Consultin i; C Business name. Ifno S6p8l'8te bU~MS!I name, IMYS bLllnk.li Moll H Wilson n E Business address (Including suite or room number). Addm not required if same as on Form 1040. page 1. 267 Hillcrest Road Camp Hill PA 170~1 City, town or post office. stal:8, and ZIP end. r: Camp Hill PA 17011 I _F1lIu....YourNeIProflt !: B Entcw eodo from Instttu:ttlom: ,. 624-410 D Employer ID number fe, N). tr any i; i 1 Groa. ~Ipw. CIIutton. If this inCOOie W8& re= to r40n Form W~2 and the 'Statutory employue' box on that fonn was checked. 888 cry lay.... In th8 Instrudions for ~D '1 Schedule C.llne 1, and chCIGk hoM. . . . . . . . . , . . t . , , , . . , . . . . . . . . . - -. 1 995. " 2 Total expen... (Jiee inslructions). If more than $5,000, youltnust use. Schedule C . - . - . . - 2 ., 3 Net proflt. $ubnct line 2. fron1l1ne 1. If less lhan zero, you ~ use Schedule C. Enter on Form 1040. line 12, and .Iso on SchtH.:tukl SE.."'" 2. (St&t::1 emplQ do not reportfhis. al1'lOUnt on Sehedule SE. I Une2.Estatesandtrus1s enteron Fonn 1041 line ~,\. . ;Ii.. . . ." ...' , . ., ,., , . ., . . .. 3 11.995 _ _ Information on Your Vehicle. Complete * part only lfyou 8m daiming car or Iruck expenses on lile 2. I i L II .. WhendJdYCUPlsocyour'll'fth:IcleInsef'\'kl!sbb~~?(monlh.day.ytl&l').. ~__~__....~____ Ii :5 OfthEt total number of miles you drove yourvehfde during 2~, enter the number afmlles ycu used your VRhlcle for: " b commuting E ~ --t~'~ - - -- -- I, 6 Do you (or your tipouse) have noolher vehide available for 1rsonal uss? Ii 7 We. your ~k:Je a'II'Ullabae for ptnOnBiI use during o1f-duty ~I'S? . . . . j: .. .Il.. I. ): btf"YeG:ktfheevidenoewrltllN1? .. . . .. ... ...f. 8AA Fat P.pel'WOrlc; ~uetlDl'l Act NotIca. ... f'm1n 10.f0 In dlone. aBUlllnes" o Other 8. 00 you have evldenC8 to support your dedl,lction? Dves ItJ No Dvoa PNo o V.. PNO V.. No Schedule C-EZ (Form 040) 2004 ~"$.xu 1)g{17J0.4 MAY 03,2005 11:23 717 791 2784 7 Page 13 .lV77.l ... .....0..... ... .....~- iliA YER'S name, street address, city, state, and ZIP code Gross distribntion OMB No. J545..o119 Defense Finance and Accounting Service $ 20676.24 Distribution From US Military Retirement Pay tz. Taxable amount 2004 Pensions, Annuities, PO Box 7130 Retiremeot or London, K Y 40742-7130 $ 20676.24 Profit-Sharing Plans. PAYER'S Federal identification RECIPIENT'S identification r Ta:u.ble amount not determined r Total Distribution 1RAs, Insurance umber number b Contracts. etc. 34~0727612 488747234 RECIPIENT'S name, address, and ZIP code Federal Income tax withbeld r ~istribUtion code RICHARD D WILSON $ 2351.40 Copy 2 267 J-llLLCREST RD File this copy with your Yourpe~ntageoftotaldistn~ution % state, city,or local 10 Stlte iocorne tax withbeld 11 State/Payer's stlte number income tax return CAMP HILL PA 17011-1908 $0.00 wheo required $000 RETIRED 01012004-12312004 r CORRECTED (if checked) 12/08/2004 Form 1099-R Department of the Treasury - Internal Revenue Sen'ice IPA YER'S name, street address, city, state, and ZIP code Gross distribution OMB No. 1545-0119 Defense Finance and Accounting Service $ 20676.24 Distributiou From US Military Retirement Pay a Taxable amount 2004 Pensions, Annuities, PO Box 7130 Retiremeut or London, KY 40742-7130 $ 20676.24 Profit-Sharing Plans, PAYER'S Federal identification ~~IPIENT'S identification r Taxable amount not determined r Total Distribution IRAs, Insurance Inumber umber b Contracts, etc. 34-0727612 488747234 iRECIPIENT'S uame, address, and ZIP code WFederal Income tax withheld Distribution code RICHARD D WILSON $ 2351.40 7 Copy B 267 HILLCREST RD 19 Your pe~ntage oftotal distribution Report this income on % your Federal tax return. JO State income tax withheld 11 StatelPayer's state number This information is CAMP HILL PA 17011-1908 $0.00 being furnished to the Internal Revenue $0.00 Servi.ce. RETIRED 0]012004-12312004 r CORRECTED (if checked) 12/ 08/ 2004 Form 1099-R Department of the Treasury - Internal Revenue Service PAYER'S name, street address, city, state, and ZIP code Gross distribution OMB No. 1545..0119 Defense Finance and Accounting Service $ 20676.24 Distribution From US Military Retirement Pay a Taxable .amount 2004 Pensions, Annuities, PO Box 7130 Retirement or London, KY 40742-7130 $ 20676.24 Profit-Sharing Plans., AYER'S Federal identification RECIPIENT'S identification r Taxable amount not determined r Total Distribution IRAs, Insurance umber umber b Contracts, etc. 34-0727612 488747234 IRECIPIENT'S name, address, and ZIP code Federal Income tax withheld r ~istribution code RICHARD D WILSON $ 2351.40 Copy C 267 HILLCREST RD For Rec:eipieut's Records Your percentage of total distribution % This infonnation is o State income tax withheld II StateJPayer's state number being furnished to the CAMPHILLPA 17011-1908 Internal Revenue $ 0.00 Service. $0.00 RETIRED 01012004~123J2004 r CORRECTED (if checked) 12/08/2004 Form 1099-R Department oftbe Treasury - Internal Revenue Service https://mypay.dfas.mil/FI099R_ RCPS.ASPX? AccessString=RCPS&gIobalid=DNETO I S22005040213 ... 4/2/2005 / I / -.. ., -lntllr"t11 HevanuB Service PAvER'S name, stroet address, city, state, and ZIP code 1 Gran distribution Distributions From OMS No. 1545-0119 Pensions, Annuities, RELIANCE TRUST COMPANY , 9257.19 2004 Retirement or 3300 NORTHEAST EXPRESSWAY 2. Taxable amount Profit -Sharing Plans, ATLANTA, GA 30341 9257.19 Form 1099-R IRAs, Insurance Contracts, etc. , 2b l.ucabill amount 0 Total I]J not determinCld distribution Copy C 3 Cllpital gain (included " 4 federal income tax For Recipient's PAYER'S Federal identification number I RECIPIENT'S identilication number box 2a) withneld 58-1428634 488-74-7234 , .00 , 1851.44 Records RECIPIENT'S name, strut address (including apt. noJ, city, state, and ZIP code 5 Em~loyu contribu!ions 6 Net unrOlliized appreciation in of lOsuranca premiums employer's sClcurities , .00 , .00 01-0001-2306-01-0Q2306 7 Distribution codllls) IRA/SEP RICHARO 0 WILSON SIMPLE 8 OTHER 267 HILLCREST RO 1 0 Tilis information is PA 9110 5609 , .00 % beingfurnisnedto IneinlClrllal CAMP HILL, PA 17011-1908 9. Your percentagll o. total 9b Total employee contributions Revenue Service. distribution % , .00 1."111..,111,.,...11",11,..111,1..11,,,1,,1,,11,,111,11,1.,1 10 State '" withheld 11 Sutll/Payer's state number 12 State distribution , 259.20 , 13 Local ,,, witnhClId 14 Name of locality 15 Local distribution Account number loptional) 1505531 , .00 , , ! ) OVOID o CORRECTED Form 1099-R Department of the Treasury-Internal Rev..nue Slifvlce \ '" "0 ::l-~ "& oS .c. :::>- c -s ~. .g:2 '3 ~ gt:: @ ._ CI:I 0 ...... "C:<n 0.: <D ~roe E (1)GB g ::l- 0_ c: ~ '6$ =@ ~ '7:">::1- ... o::~o ~ ~ ~-o &. _ O-C $mro ('4. cQ$. -c.o <l)<l)ro .c. Ol" -~~ ~~~ B c.- .~ '& (Q ID ~ .c. _S <l) ,If!. E: 0 0- S P g E ':l (1)'- 0 ....-...... r.fl <> ~~.~ 'iP .(i)...... ~ :% .a {tl::J ifj .\fl.91 0 __9' c~ 00 C \J} .,;:;.... 0 ;; ~-o"O 2i' E~~ ~ 0;;>0 _erO- .~ ~ S ~ .lfJ. ll)'; F'@~ B' ~ 0; '0 o <fJ ~ dO o o o , '" <t '" - ,,; Z <!l 6 -0 Oi ~ .~ ~ <l) ;;; t) '5 <l) ~ ~ Ol ro. 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( I I I I , \ ',~ r ______ \ UCP CENTRAL PA PAYROLL ACCOUNT 925 LINDA LANE CAMP HILL, PA 17011 Taxable Marital Status: Single Exemptions/Allowances: Federal: 7,$50 Additional Tax State: N!A Local: 7,1% Additional Tax Earnings Regular PTO Holiday I ns Ben Waiver Social Security Number: XXX-XX-1238 rate hours this period 23.5897 70.00 1,651.30 23.5897 5.00 117.95 ~i'i\~~!\(ii\ji"""" ..............;U<.;.~l&l$~)~W Deductions Statutory Federal Income Tax Social Security Tax Medicare Tax P A State Income Tax Lower Allen Income Tax PA SUI/SDI Tax Other Checking -1,385.48 -157.13 -109.69 -25.66 -54.30 -35.40 -1.59 M~!!\iI~W\??........ .,..;;U\i@W$P';;!lP; Earnings Statement ~ @ Period Ending: Pay Dale: 10(01 (2005 10(07(2005 MOLLY H WILSON 267 HILLCREST RD CAMP HILL, PA 17011 year to date 6,947.23 117.95 176.91 30.00 7.272.09 Other Benefits and Information Eib Balance Plo Balance this period total to date 9.54 10.60 Important Notes VOID AFTER 1 80 DAYS 588.48 450.87 105.45 223.27 145.46 6.54 Your federal taxable wages this period are $1,769.25 , , , f ~ o .' " ~ ~"t:' ,.;;.~ /f <"" ..""~ {'d UCP CENTRAL PA PAYROLL ACCOUNT 925 LINDA LANE CAMP HILL, PA 17011 Taxable Marital Status; Single Exemptions/Allowances: Federal: 7,$50 Additional Tax State: NJA Local; 7,1% Additional Tax Earnings Regular Holiday Ins Ben Waiver Social Security Number: XXX-XXL 1238 rate hours this-_ period 23.5897' 67.50 1,592.30 23.5897 7.50 176.91 30.00 $f9~i!.i'ililYiJ"""""" ...................... }.~t;7~~;?'i Deductions Statutory Federal Income Tax Social Security Tax Medicare Tax PA State Income Tax Lower Allen Income Tax PA SUI/SDI Tax -161.62 -111.55 -26.09 -55.24 -36.00 -1.62 Other Checking -1,407.09 !iHf}~;!!9 N,WililY' ...........-.-......,... Earnings Statement ~ @ Period Endingi Pay Date. 09/17/2005 09/2312005 MOLLY H WILSON 267 HILLCREST RD CAMP HILL, PA 17011 yaar to date 5,295.93 176.91 30.00 5,502.84 Other Benefits and Information Eib Balance Pia Balance .this period - total to date 6.36 10.40 Important Notes VOID AFTER 180 DAYS 431.35 341.18 79.79 168.97 110.06 4.95 Your lederal taxable wages this period are $1,799.21 , ( , J ( C C " "1!J91 ADP, Ir>;: $1.;'407 . 09 ,:< "" ,'" H / '~" "--~'-""- '''A ,.', "',_,:{ _, ~" !t/ ',. _, /. ,: NON~NeQQJI~~~E UCP CENTRAL PA PAYROLL ACCOUNT 925 LINDA LANE CAMP HILL, PA 17011 Taxable Marital Status: Single Exemptions/Allowances: Federal: 7,$50 Additional Tax State: NJA Local: 7,1% Additional Tax Earnings Regular Social Security Number: XXX-XX-1238 rate hours this period 23.5897 60.00 1,415.41 g;fil~ik:gihF..".'. .........................iiIIil1i"U$ji\j? Deductions Statutory Federal Income Tax Social Security Tax Medicare Tax P A State Income Tax Lower Allen Income Tax PA SUI/SOl Tax Other Checking -1,130.05 -104.03 -87.76 -20.52 -43.46 -28.32 -1.27 N@I~~y.............. .....i(.......................i....iI.?$P)!i9... Earnings Statement ~ @ Period Ending: Pay Date: 09/03/2005 09/09/2005 MOLLY H WILSON 267 HILLCREST RD CAMP HILL,PA 17011 year to date 3,703.63 3,703.63 Other Benefits and Information Eib Balance Pto Balance this, period total. to date 3.18 5.20 269.73 229.63 53.70 113.73 74.06 3.33 Important Notes VOID AFTER 180 DAYS Your federal taxable wages this period are $1,415.41 , , , Cll!RIADPlrc ~ . ~ ..' . ,I - n,A ,:,~:'-\', 'i/ ,_;;,;,<.: '\':" ',.,<;';~,..j)LH; .,n O. I .. .' " ,<.,.-.. i/.;,..- ,.". " ~ .... ...~ ~ " , :'\\C':Y;',.ir:" -'~'" '.r ~ "". ".,,_, .." ,'.."...,.,....." .. . , 1. ;" i ".j 'l ....lransit ~ABA 231,3 ~224f '{ '~ ~ , '," NON;.NEGOTI~BI+~ "",.,."/ ; ;~ Earnings Regular Deductions Earnings Statement ~ @ UCP CENTRAL PA PAYROLL ACCOUNT 925 LINDA LANE CAMP HILL, PA 17011 Period Ending: Pay Date: 08/20/2005 08/26/2005 Taxable Marital Status: Single Exemptions/Allowances: Federal: 7,$50 Additional Tax State: NIA Local: 7,1% Additional Tax MOLLY H WILSON 267 HILLCREST RD CAMP HILL,PA 17011 Social Security Number: .xxx-XX.1238 rate hours this period 23.5897 47.50 1,120.50 Gcf1i~,~."'.~ay...i.::"::"'"",, . .......:.:.:.:....::.i*'..ijc?p/$l.... year to dats 2,288.22 2,288.22 Other Benefits and Information Eib Balance Pto Balance this period total to date 9.54 15.60 Statutory Federal Income Tax Social Security Tax Medicare Tax PA State Income Tax Lower Allen Income Tax PA SUI/SOl Tax 165.70 141.87 33.18 70.27 45.74 2.06 Important Notes VOID AFTER 180 DAYS -65.70 -69.47 -16.25 -34.41 -22.40 -1.01 Other Checking -911.26 N~k~~y\}.../"""" ...........:...:...:.......:.:.:iii\iI@iqg. Your federal taxable wages this period are $1,120.50 ,'''~, 0199lAOP,'r-c ./" -- -- - -. - _.=~~ ~\=-~:~E , =~ = ~- NbN~NEGbTIAaLE UCP CENTRAL PA PAYROLL ACCOUNT 925 LINDA LANE CAMP HILL, PA 17011 Taxable Marital Status: Single Exemptions/Allowances: Federal: 7,$50 Additional Tax Stata: N/A Local: 7,1% Additional Tax Earnings Regular Social Security Number: XXX-XX-1238 rate hours this period 23.5897 40.50 955.41 ii!j@~~/R~Yi;':::' . ........::~$):!ljl Deductions Statutory Federal Income Tax Social Security Tax Medicare Tax PA State Income Tax Lower Allen Income Tax PA SUIISDI Tax -50.00 -59.24 -13.85 -29.34 -19.10 -0.86 Other Checking l'!~fR~y/f ~::,:,:::::>:.,_....;. '_""d"_""'" .':.:-:.,.;.;.,.,.;.;.:.;.:.;.'.,., -783.02 $!l)Q!l/ Earnings Statement tiJ1,P @ Period Ending: Pay Date: 08/06/2005 08/12/2005 MOLLY H WILSON 267 HILLCREST RD CAMP HILL,PA 17011 year to date 1,167.72 1,167.72 Other Benefits and Information Eib Balance Pto Balance this period tata I to date 6.36 10.40 100.00 72.40 16.93 35.86 23.34 1.05 Important Notes VOID AFTER 180 DAYS Your federal taxable wages this period are $955.41 \~t~{:/(T/'~:}){~l~fi~~~~;;jj"i:. ~,:\), ; !\?,); i ': '\" " '~ " '"",:"", " , \92S tiNQ,!\~~LANE /' ~- :.;~___:"Wl' ", ("/0,' jA." . ~l i ,'; i \ ,;,~:\[~:~:~ii::a::::~:~' ," (-..,.., "">-"//1i. ,.,. """ -. ,.' MOL' YH WJLSON / ',,'~ (; '\., .,~. . . , ~ jf .. tt a ~ I I ~ I g1991ADP.lrc . ~ . It . ~ Ii I I - ~. : P' BrDj~J:( , . "",;... it:;:-:. l)'~ , ~ ,': ~:~ ))t:_~~!t~,:;:)\,:.:.~'-tf;{' - / -;, ._ ~ l> '" ." '\ \"'. ,//M", "; I: ''v '., -". ,,",1 {;[ ~'''_'hJ} j~ "'''^,J.-' 'amount 'c $783 ,02 > ~ ,.,' .-.,.-,"",,' '1 ....;;.~. ,,' " i' ""J ',.'. " .,. < // " ,,, .,' ...... .,' ". /, ;', " / .r"",._. "c, '. ,,':' NON~~E<i(jTIA~~~ ./ /. ,..".....-" MOLLY H. WILSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5089 (Civil Term) CIVIL ACTION - LAW IN DIVORCE RICHARD D. WILSON, Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on October 27,2005, I served a copy of the within Income and Expense Statement of Molly H. Wilson, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Mr. Richard D. Wilson 18 E. Lisburn Rd., Suite 201 Mechanicsburg, P A 17055 FRIEDMAR&~NG.- P.C. . ! Jo F.King, EsqUire 6 0 N. Second Street Venthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 n (,- u ,-, r::; ~:; \ C-' ( ~. -. (....i -- :;.2 o -n :~ -T1 f-n ':,~';~ \:'=; ') -0 ::$:: c.) .. ~ .; (~J /._:,f<l '::~ ~\ -'r'~ "-'13 :<. - ----~--~---~+.__..._-- r~I::(~,~- L':I-\/ I:~.:T'.)' ^Y Plaintiff Nnv 1 l l005 IN THE COURT OF ~~PE.€A~H)I~ CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5089 CIVil TERM MOllY H. WilSON, v. CIVil ACTION - lAW RICHARD D. WilSON, IN CUSTODY Defendant ORDER OF COURT iI AND NOW, this i t r~ day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. Molly H. Wilson and Richard D. Wilson shall have shared legal custody of the minor children, logan A. Wilson, born December 11, 1995; Connor R. Wilson, born July 13, 1997; and Peyton C. Wilson, born December 20, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged by the mutual agreement of the parties with the appropriate flexibility in consideration of Father's traveling schedule for work. BY THE COURT: ( ; ~ " (,.,../,") '. I.... i ) ~t/ J. I j Dist: .~F. King, Esquire. P.O. Box 984, Harrisburg. PA 17108 fi,hard D, Wilson. 18 East Lisburn Road, Mechanicsburg, PA 17055 a;G/ \\,\ r,--, , . (-....1 c::> .. (.' MOLLY H. WILSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-5089 CIVIL TERM v. CIVIL ACTION - LAW RICHARD D. WILSON, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Logan A. Wilson Connor R. Wilson Peyton C. Wilson December 11, 1995 July 13, 1997 December 20, 2002 Mother Mother Mother 2. Mother filed a Complaint in Divorce with a count for custody on September 29, 2005. A Custody Conciliation Conference was scheduled for November 4, 2005. Attending the conference were: the Father, Richard D. Wilson, who participated pro 5e; the Mother, Molly H. Wilson, and her counsel, John F. King, Esquire. This was the parties' first Custody Conciliation Conference. The parties reached an agreement in the form or:2r as attached. / /' '/J / ! / ,0 rh (~ E;J;yV:';, 7J7-L/ {%f Date Melissa Peel Greevy, Esqu~ Custody Conciliator 3. ead:262541 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5089 (Civil Term) CIVIL ACTION - LAW IN DIVORCE MOLLY H. WILSON, Plaintiff RICHARD D. WILSON, Defendant INVENTORY OF MOLLY H. WILSON Plaintiff, Molly H. Wilson, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff, Molly H. Wilson, verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: I-(;OG 11/It;;p Molly H. Wilson, Plaintltt ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (XX) 1. (XX) 2. ( ) 3. ( ) 4. (XX) 5. (XX) 6. ( ) 7. ( ) 8. (XX) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. ( ) 14. *(XX) 15. ( ) 16. ( ) 17. ( ) 18. (XX) 19. ( ) 20. ( ) 21. (XX) 22. ( ) 23. (XX) 24. (XX) 25. ( ) 26. Real Property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military IV. A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of assets is in dispute) Other *15. Husband sole owner of TelKore .. MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Number of Propertv All Owners 1. Marital Property H&W 2. Personalty H&W 3. Motor Vehic1es H 4. Military Pension H 5. Retirement Account W . NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion N/A Item Number N/A Description of ProDertv PROPERTY TRANSFERRED Date of Transfer Consider- ation Person to Whom Transferred LIABILITIES Item Description Names of Names of Number of Propertv All Creditors All Debtors I. Mortgage on Marital H&W Residence 2. Revolving Credit H&W 3. Auto Loans H v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5089 (Civil Term) CIVIL ACTION - LAW IN DIVORCE MOLLY H. WILSON, Plaintiff RICHARD D. WILSON. Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on January 11, 2006, I served a copy of the within Inventory of Molly H. Wilson, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Mr. Richard D. Wilson 18 E. Lisbum Rd., Suite 201 Mechanicsburg, P A 17055 (1;0. F. King, Esquire 6 N. Second Street enthouse Suite . P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 (.', L. ..'., <) - I;' -, l,...) .' ,- c.) MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2r-fh day of Ar f' ~, , 200(, by and between MOLLY H. WILSON, of Camp Hill, Cumberland County, Pennsylvania, and RICHARD D. WILSON, whose business address is in Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 28, 1993; and WHEREAS, the parties have lived separate and apart since on or about August 26,2005; and WHEREAS, three children were born of the marriage between the parties, namely, Logan A. Wilson, born December 11, 1995, Connor R. Wilson, born July 13, 1997, and Peyton C. Wilson, born December 20, 2002; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, 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. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other 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: Page 1 of 20 t. .. 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Page 2 of 20 3. ADVICE OF COUNSEL. Husband acknowledges that this Agreement has been prepared by counsel selected by Wife, to wit, John F. King, Esq., of the firm of Friedman & King, PC. Husband is aware that he has the absolute right to be represented by sole and independent counsel of his own choosing to advise him as to his rights and responsibilities in the within action, and that he has been advised by counsel for Wife that he would be well advised to secure said representation. Husband is aware that Wife's counsel represents only the interests of Wife. Husband did not rely upon any assurances of Wife's counsel, nor did he confer with Wife's counsel, prior to executing the within Agreement. Each party fully ~derstands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation, and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. Page 3 of 20 4. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of docwnents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone, or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enwneration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enwneration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other docwnentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, Page 4 of 20 and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage, and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 05-5089. The parties agree that each will execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Wife shall supply Husband with a copy of the Decree. 6. EQUITABLE DISTRIBUTION. A. Real estate: The parties are the owners of real estate located at 267 Hillcrest Rd., Camp Hill PA 17011 (hereinafter called "subject premises"). Wife presently is, and has been, in sole and exclusive possession of subject premises. Concurrent with the execution of the within Agreement, Husband agrees that he will transfer all of his right, title and interest to subject premises to Wife. Wife has been, and shall remain, solely responsible for all expenses attendant to subject premises, including but not limited to real estate taxes, utilities, and homeowner's insurance. Page 5 of 20 The parties acknowledge that subject premises was used by Husband as collateral when Husband secured one or more loans for the business known as Telkore, Inc. (said business to be further discussed below). Within sixty (60) days of execution of the within Agreement, Husband shall cause all such liens against subject premises to be removed, whether by refinancing of said loans or by the execution of a release of liens by the loan-holder. Husband shall indemnify and hold harmless Wife from any said liens, said indemnification to include attorney's fees and costs. Wife shall take any and all steps necessary to refinance the pres~nt mortgage encumbering subject premises so that Husband is removed therefrom, within two (2) years of execution of the within Agreement. The above notwithstanding, Wife shall not be obligated to complete said refinance unless and until all liens against subject premises by virtue of the dealings of Telkore, Inc. are removed. B. Furnishings and personalty: The parties agree that they have divided by agreement between themselves all personal property (other than that specifically set forth in the within Agreement). Accordingly, Husband shall retain sole and exclusive ownership of all personal property currently in his possession (other than that specifically set forth in the within Agreement), free and clear of any right, title, claim and/or interest of Wife, and Wife shall retain sole and exclusive ownership of all personal property currently in her possession (other than that specifically set forth in the within Agreement), free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles Other Than Motorcycle: Each party is the owner of a vehicle titled solely in his or her name, and is currently in sole and exclusive possession of said vehicle. Page 6 of 20 Each party shall be solely responsible for any encumbrances on the vehicle in his or her possessIon. D. Motorcyle: Husband retained the 1998 Honda Valkyrie motorcycle as his sole and exclusive possession until Husband's recent post-separation transfer of said motorcycle. In recognition of the fact that said motorcycle was a marital asset, Husband shall, concurrent with execution of the within Agreement, pay Wife the sum of Three Thousand ($3,000.00) Dollars as a partial distribution of the marital estate. E. Husband's Business: The parties acknowledge that Husband is the sole shareholder in a business operated by Husband known as Telkore, Inc. Wife waives any claim which she could otherwise assert for ownership of said business, which said business shall remain the sole and exclusive property of Husband. Husband shall indemnify and hold harmless Wife from any debts of said business. F. Life Insurance: Husband agrees, at Husband's sole expense, to maintain the USAA life insurance policy presently insuring his life, with the children as beneficiaries (Wife being named the children's guardian), in the current amount of One Million ($1,000,000.00) Dollars, until such time as the youngest child has completed his undergraduate education, or until said child has reached the age of22, whichever shall first occur. The required amount of One Million ($1,000,000.00) Dollars may be proportionately reduced, if Husband so chooses, as each child reaches the age of 22 or completes undergraduate education. Payments for the premium for said policy shall continue to be electronically paid from Wife's checking account, and Husband shall pay Wife the sum of One Hundred Sixty ($160.00) Dollars per month in reimbursement therefor. Page 7 of 20 Wife agrees, at Wife's sole expense, to maintain the USAA life insurance policy (number A549574870) presently insuring her life, with the children as beneficiaries, in the current amount of Seven Hundred Fifty Thousand ($750,000.00) Dollars, until such time as the youngest child has completed his undergraduate education, or until said child has reached the age of 22, whichever shall first occur. The required amount of Seven Hundred Fifty Thousand ($750,000.00) Dollars may be proportionately reduced, if Wife so chooses, as each child reaches the age of 22 or completes undergraduate education. Upon demand, the parties shall each execute an authorization allowing the other party to obtain any and all information regarding said life insurance policy. G. Retirement Accounts: Husband shall retain as his sole and exclusive property the monthly retirement pay from the US Marine Corps. Said monthly payments shall be included as income for Husband in any future Domestic Relations hearings. Said payments are presently being electronically deposited into Wife's account, but upon execution of the within Agreement, the parties shall take such steps as are necessary to redirect said payments to an account controlled by Husband. Wife shall retain as her sole and exclusive property the retirement account in her name with TlAA CREF, with a present estimated value of$37,500.00. H. Misc. Accounts: The parties, during their marriage, had certain joint banking accounts, neither of which has any present value. Upon execution of the within Agreement, the parties shall take steps to close said accounts and open separate banking accounts. I. Marital Debt. At the time of separation (August 26, 2005) the parties were jointly obligated under the following accounts: Page 8 of 20 .' USAA Mastercard no. 5458 8310 0319 9951 Chase Visa no. 4266 9010 24152324 Members First PSL no. 233780 8,044.00 5,200.00 5,000.00 2,532.00 $20.776.00 TIAA CREF no. 29559226001 TOTAL Concurrent with the execution of the within Agreement, Husband shall contribute the sum of$1O,388.00, representing one half of the above-listed accounts, and Wife shall assume sole responsibility for said debts. Husband shall make said contribution either by paying $10,388.00 to Wife, or by effectuating a balance transfer to roll over $10,388.00 of the above- referenced debt to a debt vehicle on which Husband alone is responsible. From and after Husband's said contribution, Wife shall indemnify and hold harmless Husband from any responsibility for said debts, which indemnification shall include attorney's fees. J. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. K. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any Page 9 of 20 damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. L. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. M. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach hereof. 7. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, relative to any such previously jointly-filed returns, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid Page 10 of 20 solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent or his or her separate income on the aforesaid joint returns. The parties have filed ajoint return for 2005. A refund of$I,597.00 is anticipated. Husband agrees, immediately upon receipt of said refund check, to endorse said check to Wife, and upon Husband's endorsement thereof, Husband shall receive credit for $798.50 (representing Husband's half of said check) against the $10,388.00 owed by Husband to Wife in accordance with paragraph 61 herein. In the event said refund check is more or less than anticipated, Husband's credit shall be adjusted accordingly, to equal one half of said refund. Unless otherwise agreed by the parties, Wife will be entitled to claim all three children as her dependents for income tax purposes. Husband agrees each year to sign any forms required by the IRS to permit Wife to do so. 8. CUSTODY. The parties acknowledge that custody of their minor children is in accordance with the Order of Court dated November 18, 2005, docketed to number 05-5089, Civil Term, Court of Common Pleas of Cumberland County, Pennsylvania. 9. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which either may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance of other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all time of either party's Page 11 of 20 obligation to contribute to the support and maintenance of the other. 10. SUPPORT OF CHILDREN, HEALTH INSURANCE, COLLEGE EXPENSES, AND MILITARY CARD: A. Husband shall pay to Wife the sum of One Thousand Seven Hundred Fifty ($1,750.00) Dollars per month for support of the parties' three minor children. Concurrent with execution of the within Agreement, Husband agrees to immediately establish an automatic transfer from an account under Husband's control to Wife's checking account on the first business day of each month, to effectuate said child support payment. Husband shall have the right to seek a modification of said support amount through Domestic Relations at such time as the middle child reaches the age at which no support would be due and owing under then-current applicable Pennsylvania statutes. B. Husband, at his sole expense, shall maintain Tricare Prime Health Insurance, and Husband's choice of vision and dental insurance, for the three minor children until each child has attained the age of 18 (or 22, should one or more children attend college or trade school). Should Tricare cease to be available to Husband, Husband shall maintain the closest equivalent medical insurance, at Husband's sole expense. Husband shall be solely responsible for all co- payments, deductibles, and medical, vision or dental bills not covered by insurance, including orthodontia and counselling and/or psychological or psychiatric care. C. Wife shall, at her sole expense, assume the cost of Wife's medical insurance effective the first day of the month following the entry of a final Decree in Divorce. D. Immediately upon entry of a final Decree in Divorce, Wife shall cease using her "military card" for access to the commissary and base, and shall surrender said card no later Page 12 of 20 than the first day of the month following the entry of said Decree. E. Husband shall be responsible to pay a portion of the expenses of each child to attend the undergraduate college of said child's choosing, said expenses to include but not be limited to tuition, room and board, books, and lab fees. Husband's contribution to said total expenses shall be equal to Husband's proportionate share of the parties' combined gross annual income, as evidenced by the previous year's federal income tax return. By way of example and not by limitation, should Husband's gross annual salary then equal $100,000.00, and Wife's gross annual salary then equal $50,000.00, the combined total gross annual income of the parties would be $150,000.00, and Husband's income would equal 2/3 of said income, thereby obligating Husband to pay 2/3 of the above-stated college expenses. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other, or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This wavier shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, Page 13 of 20 including but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from Page 14 of 20 any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other, and the estate of the other, for all purposes, from any and all rights and obligations which either party may presently have or at any time hereafter will have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other, and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, Page 15 of 20 or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. E. The parties agree to elect to have the provisions of Section 1041 of the Internal Revenue Code apply to all qualifying transfers of property. The parties understand that Section 1041 applies to all property transferred between spouses or former spouses incident to divorce. The parties further understand that the effects for federal income tax purposes of having Section 1041 apply are that (1) no gain or loss is recognized by the transferor spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/former spouse is the adjusted basis of the property in the hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or greater than the fair market value of the property at the time of transfer. The parties understand that if the transferee spouse/former spouse disposes of the property in a Page 16 of 20 transaction in which gain is recognized, the amount of gain that is taxable may be larger than it would have been if this election had not been made. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits.. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated In any way. 17. BREACH. 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, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: 18 E. Lisburn Rd., Page 17 of 20 Suite 201, Mechanicsburg P A 17055, and to Wife, if made or addressed to the following: 267 Hillcrest Rd., Camp Hill PA 17011. Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 22. EFFECTIVE DATE. This agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. If any term, condition, clause or provision of this Agreement shall, by its Page 18 of 20 reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, constructi~n or effect. 25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; theat he or she has discussed its provisions with an attorney or his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney, or has waived the right to consult with an attorney despite being advised to do so; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may Page 19 of 20 , .. be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 28. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. WITNESS: .~0~ ~~~ 'P~D W~ Richard D. Wilson III/JJ/'/ Molly H. Wilson -- JFK:ka Page 20 of 20 n ~::~~ ; ,C;> . ., o ~'fl -.",," :(;~., ~::D F;~ ...,-.:;. () ~~j (') ~~5 en ~-l ~:6 -< -...< C., N f'.'.) N MOLLY H. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5089 (Civil Term) RICHARD D. WILSON, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 5, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. DATED: r( ] I O( II/IIf/2t! - Molly H. Wilson, Plaintiff ,....., = c--:". c;:;.-. o ., :I! rn~ -om :c',CJ ?; ........."., -. c.-..> -0 ::r;: r:? N ~.:~ c:~ ~f.~ "b! ~ -< MOLLY H. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5089 (Civil Term) RICHARD D. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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 . 4. 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. S 4904 relating to unsworn falsification to authorities. Date: s-IJlot' I I ~ Molly H. 11so, P mtiff , l'..) = <=:> C""'\ o "Tl ~ fi'i:D r- -urn ~TJO \3~i ;? ~~ :5iT1 ::::;1 :::0 -< -.. ~ :t:i:iiO"$ -< w -0 ~ ....;.;~ N . . N MOLL Y H. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5089 (Civil Term) RICHARD D. WILSON, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 5, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. DATED: S-2.0b ~~ttA...I~. ~~ Richard D. Wilson, Defendant C) c ::-:::;.. c'1 /'0..) \::::") = cr.. ;Jr ~.. -< c.." o 11 :J! 1'1' ::n r- --0 ITl ~,;J (:.~ ':;.? (1. ~ :0~F~ ~ -< -0 - -- ~ N MOLLY H. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5089 (Civil Term) RICHARD D. WILSON, Defendant CIVIL ACTION - LA W IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 33010>) 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 . 4. 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. S 4904 relating to unsworn falsification to authorities. Date: S-Z-O{. :;?~ f) d). (;).Il~.. J Richard D. Wilson ,r.... ~ r--.., = C::.;)- 0"' o Ii ::;:l nl :JJ rp ~1:"irn ~r] C'~ - 'l ! ~i~;~: ~~ r~;~ 3:1 -< -..- -d.e-.,. :,:;..~ -= w v ......".... l'v .. N - MOLLY H. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5089 (Civil Term) : CIVIL ACTION - LA W : IN DIVORCE v. RICHARD D. WILSON, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, John F. King, Esquire, Attorney for the Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Complaint in Divorce in the above-captioned matter was served upon Defendant, Richard D. Wilson, by Certified Mail, Restricted Delivery, as evidenced by the attached Certified Mai d, on 1 0/11 /05. Sworn and subscribed to before me this dj~ day of -rn-o..y- ~h1JU- 'f: ~~ Notary Public . ,2006. COMMONW!ALtt-t or rI::NN!!SVlVANIA NOTARIAL SEAL . BARBARA E. PALMER, Not~ry Public City of Harrisburg! Da~fhI02;0~~~ My commission Expires may , " \.. - MOLL Y H. WILSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 05-5089 (Civil Term) : CIVIL ACTION - LAW : IN DIVORCE RICHARD D. WILSON, Defendant -'~-----~~-~~-- (") C ;.r -uii: cp(! -::.".:. ;; c...:. ?:f-~ ~2 z ~ ~ c:::: c::; cr :I ;)::a - :~;:! r; . ,Co "'t ::J r:- " ::"'7 .-<:: MOLLY H. WILSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 05-5089 (Civil Term) : CIVIL ACTION - LA W : IN DIVORCE RICHARD D. WILSON, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the complaint: certified mail, restricted delivery, 10/11/2005. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the . Divorce Code: by Plaintiff 5/3/06; by Defendant 5/2/06. 4. Related claims pending: There are no related claims pending. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: 5/31/06 Date Defendant's Waiver of Notice was filed wi I I '" = = c:ro :I: > -<: o 'TI :r11 rnr- en C;; w v -""" ...,;L,jo, /'" .~ 2; ~,"~':-'" I 1 .:4t::S (::'s1Tl ,);! ::0 -< N N N ;f. ;f. ;f. ;f. ;f. If. ;f. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY ;f. PENNA. STATE OF ;f. ,., If. ;f. MOLLY H. WILSON ;f. No. 05-5089 Civil VERSUS RICHARD D. WILSON ;f. DECREE IN DIVORCE AND NOW, J l1. n C- ry Molly H. Wilson DECREED THAT Richard D. Wilson AND 260t., IT IS ORDERED AND , PLAINTIFF, , 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; The attached marital settlement agreement is incorporated, but not merged, and made a part of this Decree in Divorce. ,., "';f. PROTHONOTARY If. If. ;f. J. ;f. ;f. i+''l; ff. ;f. If. ;f. ;f. ;f. ;f. ;f. ;f. ;f. ;f. ;f. ;f. ;f. ;f. ;f. ;f. _~ $- ~ ~~ 'l'c7. 1/ --7 ID ~ ~:Z. ~ ~ -r"? ?c7- ~I -";' '. 'II. . .. . .' . .. '" ...., .~ 't ". ~",. " " MOLLYH. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5089 (Civil Term) CIVIL ACTION - LAW IN DIVORCE v. RICHARD D. WILSON, Defendant PETITION FOR CONTEMPT FOR DEFENDANT'S FAILURE TO COMPLY WITH THE MARITAL SETTLEMENT AGREEMENT ENTERED OF RECORD TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES the Petitioner, Molly H. Wilson, Plaintiff in the above matter, by and through her attorneys, Friedman & King, P.C., and brings this Petition for Contempt, averring as follows: 1. Petitioner, Molly H. Wilson, currently resides at 267 Hillcrest Rd. Camp Hill, PA 17011. 2. Respondent, Richard S. Wilson, has a business address of 18 E. Lisburn Road, Suite 201, Mechanicsburg, PA 17055, and is the ex-husband of Petitioner. 3. Petitioner and Respondent executed a Marital Settlement Agreement, dated April 25, 2006, which was incorporated, but not merged, and made a part of the Decree in Divorce granted on June 7, 2006. A copy of said Marital Settlement Agreement and Decree in Divorce are attached hereto, and collectively marked as Exhibit" A". 4. Petitioner was and is represented by John F. King, Esquire, and Respondent was and is believed to be unrepresented. 5. Petitioner and Respondent knowingly and voluntarily entered into said agreement, with the understanding that it would be incorporated into their divorce decree. " , 6. Respondent has failed to pay to Petitioner the following: A. $3,000.00, as required by paragraph 6(0) of said Marital Settlement Agreement; and B. $10,388.00, as required by paragraph 6(1) of said Marital Settlement Agreement. 7. As per the Marital Settlement Agreement, specifically paragraph 6A, "The parties acknowledge that subject premises was used by Husband as collateral when Husband secured one or more loans for the business known as Telkore, Inc. (said business to be further discussed below). Within sixty (60) days of execution of the within Agreement, Husband shall cause all such liens against subject premises to be removed, whether by refinancing of said loans or by the execution of a release of liens by the loan-holder." Respondent has failed to have the liens removed. 8. As per the Marital Settlement Agreement, specifically paragraph 10(A), "Husband shall pay to Wife the sum of One Thousand Seven Hundred Fifty ($1,750.00) Dollars per month for support of the parties' three minor children. Concurrent with execution of the within Agreement, Husband agrees to immediately establish an automatic transfer from an account under Husband's control to Wife's checking account on the first business day of each month, to effectuate said child support payment." Husband has failed to set up said automatic transfer to effectuate said child support payment. 9. Petitioner has been forced to incur attorney's fees, costs and expenses in enforcing her rights under Exhibit" A"in the amount of Four Hundred Eighty ($480.00) Dollars, and would be forced to incur significant additional attorney's fees, costs and expenses if Respondent is not compelled by this Honorable Court to fulfill his responsibilities under Exhibit A. .' .' 10. Petitioner will incur additional attorney's fees through the hearing date of this action. II. Respondent is required to pay all attorney's fee, costs and expenses incurred due to Respondent's breach of the Marital Settlement Agreement, as per paragraph 17 of Marital Settlement Agreement. WHEREFORE, Petitioner respectfully requests Your Honorable Court to grant the following relief: A. Find Respondent in contempt of court for his failure to comply with the terms of the Marital Settlement Agreement, which agreement was incorporated but not merged with the Decree in Divorce. B. Issue Order compelling Respondent to inunediately pay to Petitioner the sum of $13,388.00. C. Issue Order compelling Respondent to remove any and all such liens against premises situate 267 Hillcrest Road, Camp Hill, PA. D. Issue Order compelling Respondent to establish an automatic transfer from Respondent's account to Petitioner's checking account to effectuate said child support payment in the amount of $1,750.00 per month. E. Order Respondent to pay Petitioner's attorney's fees in the amount of Four Hundred Eighty ($480.00) Dollars, plus costs and expenses, plus additional attorney's fees (in an amount to be determined at hearing) incurred in enforcing the terms of the agreement. " .. F. Such other relief as this Court deems appropriate. Respectfully submitted, FRIEDMAN & KING, P.C. o.rei).A2,,# (PI ~ VERIFICATION I, Molly H. Wilson, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for Contempt for Defendant's Failure to Comply with the Marital Settlement Agreement Entered of Record; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~ Molly H. Wilson ~ 5jJlJp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF MOLLY H. WILSON VERSUS RICHARD D. WILSON . . . AND NOW, June 7 . . DECREED THAT PENNA. No. 05-5089 Civil . . . DECREE IN DIVORCE 2006 , IT IS ORDERED AND Molly H. Wilson , PLAINTIFF, AND Richard D. Wilson , 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; The attached marital settlement agreement is incorporated but not merged, and made a part of this Decree in Divorce. . . . . . . By THE COURT: J. Wesley Oler, Jr. ATTEST: , J. . . PROTHONOTARY ..t, '. NUUUTAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2rth day of Ar f'; I ,20ot, by and between f10~Y ;~> C', H. WILSON, of Camp Hill, Cumberland County, Pennsylvania, and RICHARD D. WILSO~,: n '-h ...-1 -or nl~"g iT; -:~J (.,,~ whose business address is in Mechanicsburg, Cumberland County, Pennsylvania. -:r WITNESSETH: ';;.. r'~ ", -:\ :~.j -< . 'I r,) WHEREAS, the parties hereto are husband and wife, having been lawfully married cfit' December 28, 1993; and WHEREAS, the parties have lived separate and apart since on or about August 26, 2005; and WHEREAS, three children were born of the marriage between the parties, namely, Logan A. Wilson, born December 11, 1995, Connor R. Wilson, born July 13,1997, and Peyton C. Wilson, born December 20, 2002; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, 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. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other 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: Page 1 of 20 . , 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoymen~ or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Page 2 of 20 '. . 3. ADVICE OF COUNSEL. Husband acknowledges that this Agreement has been prepared by counsel selected by Wife, to wit, John F. King, Esq., of the firm of Friedman & King, PC. Husband is aware that he has the absolute right to be represented by sole and independent counsel of his own choosing to advise him as to his rights and responsibilities in the within action, and that he has been advised by counsel for Wife that he would be well advised to secure said representation. Husband is aware that Wife's counsel represents only the interests of Wife. Husband did not rely upon any assurances of Wife's counsel, nor did he confer with Wife's counsel, prior to executing the within Agreement. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation, and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. Page 3 of 20 4. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real andlor personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone, or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, Page 4 of 20 .,' and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage, and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 05-5089. The parties agree that each will execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Wife shall supply Husband with a copy of the Decree. 6. EQUITABLE DISTRIBUTION. A. Real estate: The parties are the owners of real estate located at 267 Hillcrest Rd., Camp Hill PAl 70 I I (hereinafter called "subject premises"). Wife presently is, and has been, in sole and exclusive possession of subject premises. Concurrent with the execution of the within Agreement, Husband agrees that he will transfer all of his right, title and interest to subject premises to Wife. Wife has been, and shall remain, solely responsible for all expenses attendant to subject premises, including but not limited to 'real estate taxes, utilities, and. homeowner's insurance. Page 5 of 20 The parties acknowledge that subject premises was used by Husband as collateral when Husband secured one or more loans for the business known as Telkore, Inc. (said business to be further discussed below). Within sixty (60) days of execution of the within Agreement, Husband shall cause all such liens against subject premises to be removed, whether by refinancing of said loans or by the execution of a release of liens by the loan-holder. Husband shall indemnify and hold harmless Wife from any said liens, said indemnification to include attorney's feesand costs. Wife shall take any and all steps necessary to refinance the present mortgage encumbering subject premises so that Husband is removed therefrom, within two (2) years of execution of the within Agreement. The above notwithstanding, Wife shall not be obligated to complete said refmance unless and until all liens against subject premises by virtue of the dealings of Telkore, Inc. are removed. B. Furnishings and personalty: The parties agree that they have divided by agreement between themselves all personal property (other than that specifically set forth in the within Agreement). Accordingly, Husband shall retain sole and exclusive ownership of all personal property currently in his possession (other than that specifically set forth in the within Agreement), free and clear of any right, title, claim andlor interest of Wife, and Wife shall retain sole and exclusive ownership of all personal property currently in her possession (other than that specifically set forth in the within Agreement), free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles Other Than Motorcycle: Each party is the owner of a vehicle titled solely in his or her name, and is currently in sole and exclusive possession of said vehicle. Page 6 of 20 Each party shall be solely responsible for any encumbrances on the vehicle in his or her possession. D. Motorcyle: Husband retained the 1998 Honda Valkyrie motorcycle as his sole and exclusive possession until Husband's recent post-separation transfer of said motorcycle. In recognition of the fact that said motorcycle was a marital asset, Husband shall, concurrent with execution of the within Agreement, pay Wife the sum of Three Thousand ($3,000.00) Dollars as a partial distribution of the marital estate. E. Husband's Business: The parties acknowledge that Husband is the sole shareholder in a business operated by Husband known as Telkore, Inc. Wife waives any claim which she could otherwise assert for ownership of said business, which said business shall remain the sole and exclusive property of Husband. Husband shall indemnifY and hold harmless Wife from any debts of said business. F. Life Insurance: Husband agrees, at Husband's sole expense, to maintain the USAA life insurance policy presently insuring his life, with the children as beneficiaries (Wife being named the children's guardian), in the current amount of One Million ($1,000,000.00) Dollars, until such time as the youngest child has completed his undergraduate education, or until said child has reached the age of 22, whichever shall first occur. The required amount of One Million ($1,000,000.00) Dollars may be proportionately reduced, if Husband so chooses, as each child reaches the age of 22 or completes undergraduate education. Payments for the premium for said policy shall continue to be electronically paid from Wife's checking account, and Husband shall pay Wife the sum of One Hundred Sixty ($160.00) Dollars per month in reimbursement therefor. Page 7 of 20 Wife agrees, at Wife's sole expense, to maintain the USAA life insurance policy (number A549574870) presently insuring her life, with the children as beneficiaries, in the current amount of Seven Hundred Fifty Thousand ($750,000.00) Dollars, until such time as the youngest child has completed his undergraduate education, or until said child has reached the age of 22, whichever shall first occur. The required amount of Seven Hundred Fifty Thousand ($750,000.00) Dollars may be proportionately reduced, if Wife so chooses, as each child reaches the age of 22 or completes undergraduate education. Upon demand, the parties shall each execute an authorization allowing the other party to obtain any and all information regarding said life insurance policy. G. Retirement Accounts: Husband shall retain as his sole and exclusive property the monthly retirement pay from the US Marine Corps. Said monthly payments shall be included as income for Husband in any future Domestic Relations hearings. Said payments are presently being electronically deposited into Wife's account, but upon execution of the within Agreement, the parties shall take such steps as are necessary to redirect said payments to an account controlled by Husband. Wife shall retain as her sole and exclusive property the retirement account in her name with TIAA CREF, with a present estimated value of $37,500.00. H. Misc. Accounts: The parties, during their marriage, had certain joint banking accounts, neither of which has any present value. Upon execution of the within Agreement, the parties shall take steps to close said accounts and open separate banking accounts. I. Marital Debt. At the time of separation (August 26, 2005) the parties were jointly obligated under the following accounts: Page 8 of 20 USAA Mastercard no. 5458 8310 0319 9951 Chase Visa no. 4266 9010 24152324 Members First PSL no. 233780 TIAA CREF no. 29559226001 TOTAL 8,044.00 5,200.00 5,000.00 2,532.00 $20.776.00 Concurrent with the execution of the within Agreement, Husband shall contribute the sum of$IO,388.00, representing one half of the above-listed accounts, and Wife shall assume sole responsibility for said debts. Husband shall make said contribution either by paying $10,388.00 to Wife, or by effectuating a balance transfer to roll over $10,388.00 of the above- referenced debt to a debt vehicle on which Husband alone is responsible. From and after Husband's said contribution, Wife shall indemnify and hold hannless Husband from any responsibility for said debts, which indemnification shall include attorney's fees. J. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. K. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any Page 9 of 20 damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. L. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. M. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnifY, save and hold the other and his or her property hannless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach hereof. 7. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. . Both parties agree that, relative to any such previously jointly-filed returns, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid Page 10 of 20 solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent or his or her separate income on the aforesaid joint returns. The parties have filed ajoint return for 2005. A refund of$I,597.00 is anticipated. Husband agrees, immediately upon receipt of said refund check, to endorse said check to Wife, and upon Husband's endorsement thereof, Husband shall receive credit for $798.50 (representing Husband's half of said check) against the $10,388.00 owed by Husband to Wife in accordance with paragraph 61 herein, In the event said refund check is more or less than anticipated, Husband's credit shall be adjusted accordingly, to equal one half of said refund. Unless otherwise agreed by the parties, Wife will be entitled to claim all three children as her dependents for income tax purposes. Husband agrees each year to sign any forms required by the IRS to permit Wife to do so. 8. CUSTODY. The parties acknowledge that custody of their minor children is in accordance with the Order of Court dated November 18, 2005, docketed to number 05-5089, Civil Tenn, Court of Common Pleas of Cumberland County, Pennsylvania. 9. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and'release any and all rights and claims which either may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance of other like benefits resulting from the parties' status as . husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all time of either party's Page 11 of 20 obligation to contribute to the support and maintenance of the other. 10. SUPPORT OF CIDLDREN, HEALTH INSURANCE, COLLEGE EXPENSES, AND MILITARY CARD: A. Husband shall pay to Wife the sum of One Thousand Seven Hundred Fifty ($1,750.00) Dollars per month for support of the parties' three minor children. Concurrent with execution of the within Agreement, Husband agrees to immediately establish an automatic transfer from an account under Husband's control to Wife's checking account on the first business day of each month, to effectuate said child support payment. Husband shall have the right to seek a modification of said support amount through Domestic Relations at such time as the middle child reaches the age at which no support would be due and owing under then-current applicable Pennsylvania statutes. B. Husband, at his sole expense, shall maintain Tricare Prime Health Insurance, and Husband's choice of vision and dental insurance, for the three minor children until each child has attained the age of 1 8 (or 22, should one or more children attend college or trade school). Should Tricare cease to be available to Husband, Husband shall maintain the closest equivalent medical insurance, at Husband's sole expense. Husband shall be solely responsible for all co- payments, deductibles, and medical, vision or dental bills not covered by insurance, including orthodontia and counselling and/or psychological or psychiatric care. C. Wife shall, at her sole expense, assume the cost of Wife's medical insurance effective the first day of the month following the entry of a fmal Decree in Divorce. D. Immediately upon entry of a fmal Decree in Divorce, Wife shall cease using her "military card" for access to the commissary and base, and shall surrender said card no later Page 12 of 20 '.' ," ..' than the first day of the month following the entry of said Decree. E. Husband shall be responsible to pay a portion of the expenses of each child to attend the undergraduate college of said child's choosing, said expenses to include but not be limited to tuition, room and board, books, and lab fees. Husband's contribution to said total expenses shall be equal to Husband's proportionate share of the parties' combined gross annual income, as evidenced by the previous year's federal income tax return. By way of example and not by limitation, should Husband's gross annual salary then equal $100,000.00, and Wife's gross annual salary then equal $50,000.00, the combined total gross annual income of the parties would be $150,000.00, and Husband's income would equal 2/3 of said income, thereby obligating Husband to pay 2/3 of the above-stated college expenses. I I. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other, or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This wavier shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, Page 13 of 20 .,' . , including but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, fmal pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from Page 14 of 20 '.' , any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other, and the estate of the other, for all purposes, from any and all rights and obligations which either party may presently have or at any time hereafter will have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other, and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, Page 15 of 20 .,' ..' or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. E. The parties agree to elect to have the provisions of Section 1041 of the Internal Revenue Code apply to all qualifying transfers of property. The parties understand that Section 1041 applies to all property transferred between spouses or former spouses incident to divorce, The parties further understand that the effects for federal income tax purposes of having Section 1041 apply are that (1) no gain or loss is recognized by the transferor spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/former spouse is the adjusted basis of the property in the hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or greater than the fair market value ofthe property at the time of transfer. The parties understand that if the transferee spouse/former spouse disposes of the property in a Page 16 of 20 ~, ..' transaction in which gain is recognized, the amount of gain that is taxable may be larger than it would have been if this election had not been made. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits.. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. ] 7. BREACH. 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, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. ] 8. WAIVER OF BREACH. The waiver by one party of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: ] 8 E. Lisburn Rd., Page]7 of 20 '.' Suite 201, Mechanicsburg P A 17055, and to Wife, if made or addressed to the following: 267 Hillcrest Rd., Camp Hill PA 17011. Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or ifnot on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 22. EFFECTIVE DATE. This agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. If any term, condition, clause or provision of this Agreement shall, by its Page 18 of 20 ). .' reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; theat he or she has discussed its provisions with an attorney or his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney, or has waived the right to consult with an attorney despite being advised to do so; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either ofthe parties. 27. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may Page 19 of 20 ). > be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 28. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WI1NESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. WITNESS: .~0~ --L> -Jf.flij;J~ "..-") '*~D lUI O..A".....J Richard D. Wilson 4(jII1C~ Molly H. Wilson ~ JFK:ka Page 20 of 20 <:) ~.il . MOLLY H. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5089 (Civil Term) CIVIL ACTION - LAW IN DIVORCE v. RICHARD D. WILSON, Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on July 6,2006, I served a copy of the within Petition for Contempt for Defendant's Failure to Comply with the Marital Settlement Agreement Entered of Record, by depositing same in the United States Mail, first class, postage prepaid, addressed as folIows: Mr. Richard D. Wilson 18 E. Lisburn Rd., Suite 201 Mechanicsburg, PAl 7055 FRIEDMAN & KING, P.C. Jo 6 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (71 7) 236-8000 ,. " I~"'! , " \ :;.\ -::--, (",.;: , . .. .... ty RE C E IV ED JUL 11 ?OG5y MOLLY H. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5089 (Civil Term) CIVIL ACTION - LAW IN DIVORCE v. RICHARD D. WILSON, Defendant ORDER AND NOW, this 13 It day of J vI '1 , 2006, Upon consideration of Petitioner's Petition for Contempt for Defendant's Failure to Comply with the Marital Settlement Agreement Entered of Record, it is hereby ORDERED that a hearing is scheduled to be heard before -4 ..I/d~d, ~d r.v , in Court Room -L of the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013, at j:3o ;.m. on the 4ti day of ~dA , ,2006. BY THE COURT: J. ~ ti. '~ ;:v 'P1t ,~ ,i i"\ __ , '" .... . ;'71 ,,' ~dm MOLLY H. WILSON, Plaintiff : IN THE COURT OF COMMON : PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5089 (Civil Tenn) RICHARD D. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above-captioned matter as counsel on behalf of the Defendant, Richard D. Wilson. Respectfully submitted, By: ~ Katherine A. Procopio Attorney J.D. No. 94756 141 East Main Street Mechanicsburg, PA 17055 717-691-9112 ~ Dated: July 31,2006 ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOLLY H. WILSON Plaintiff . . CIVIL AcrION - LAW v sow; NO. 05 Qg89 (Civil Term) RICHARD D. WILSON Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certifY that on July 31,2006 I deposited in the U. S. mail, pursuant to Pa. R.C.P 1920.4 and 1930.4 one copy for delivery by certified mail, return receipt requested, and hereto attached, and one copy for delivery by regular mail, true and correct copies of the foregoing Praecipe for Entry of Appearance upon the person indicated below. John F. King 600 North 2111.I Street, 5th Floor PO Box 984 Harrisburg, P A 17108 Date:~ therine Procopio, Esquire Attorney J.D. No. 94756 141 East Main Street Mechanicsburg, P A 17055 717-691-9112 Attorney for Defendant , . . i . .CclmpIIlt....,.lii1ll $; AlIo IlClIJIpIN . "1IIlnl,(1I FlNIrIc:t$d DeIIwry III deIlrwd. . Print your.....lII1d IIlldr-. on the _ 80 thal_...., r.mm the cerd to~. . AIIach IhIaan:I to the bIIck of the meIIpIece, or on the fIart II sp8C8 pennIts. 1. ArtfcfeAddt I "'to: 14~~HN f ~t4~ ft!~ ~~t4q PC (od) ~~Ht:lSl.5'TUft.al~ Pc 80)( ~ lt~~ C>>A- nl~ 2.__ mw--_~ PS Form 881'1. FebnJapy" . 3. SoMot 1K>> ~ CorIIIIod MIll 0 ~ MIll 0"";1..d C-.nRocolplIllr__ C _ MIll C C.O.D. 4. __ DoIwIy'I"""1W) C "" 7DDh D!1D DDDh 3!!5 ~~D~ :....... - RocoIpl ._....,540 .- C. co -, v 1 ,-, '". t ~ \,. r - MOLLY H. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5089 CIVIL TER~1 RICHARD D. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 4th day of October, 2006, upon consideration of Plaintiff's Petition for Contempt for Defendant's Failure To Comply with the Marital Settlement Agreement Entered of Record, and following a hearing held on October 4, 2006, the Defendant is adjudicated in contempt, and the sanction of the Court is that the Defendant undergo imprisonment in the Cumberland County Prison for a period of 6 months. The conditions of purge with respect to this sentence are as follows: 1. That Defendant pay the sums of $480.14 and $1,115.40 to Plaintiff as reimbursement for lost interest and attorney's fees occasioned by Defendant's violation of the order herein within 45 days of today's date, subject to a credit of $798.50; and 2. That Defendant secure the removal of Plaintiff as an obligor or guarantor on certain debts to PNC Bank in the approximate total amount of $52,000, and the removal of the marital residence as security for said debts within 55 days of today's date. In the event that Defendant has not timely complied with both of these conditions of purge, he shall appear in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesday, December 12, 2006, at 9:30 a.m. for commitment of sentence. The conditions of purge provided for herein above shall continue in full force and effect during any period of "'"' ... !{,-_:c~/'JnJ flO :Zl lid S I 1:30 900l ..1,. 1 , -'\..' I t 01' ~ imprisonment, and compliance therewith shall result in Defendant's release. ~n J. King, Esquire 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 For the Plaintiff ~therine Procopio, Esquire 141 East Main Street Mechanicsburg, PA 17055 ~ For the Defendant pcb By the Court, tV'? 6/1 ley Oler, J ., J. MOLLY H. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5089 CIVIL TERM RICHARD D. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR ORDER TO PURGE CONTEMPT Defendant, by and through the undersigned counsel, hereby moves this Court to purge the Order of this Honorable Court dated October 4, 2006 and avers as follows: 1. The movant is the Defendant, Richard D. Wilson, represented by Katherine A. Procopio, Esquire. 2. The respondent is the Plaintiff, Molly H. Wilson, represented by John J. King. 3. A contempt Petition was filed by Plaintiff on July 13,2006. 4. A hearing was held and an Order issued, a copy of which is hereto attached as Exhibit "A." 5. The Parties have stipulated to certain facts and beliefs in a Stipulation Agreement dated December 7,2006, a copy of which is hereto attached as Exhibit "B." 6. Counsel for the Plaintiffhas reviewed the complete contents of this Motion and has further affirmed that the Plaintiff concurs with this Motion. WHEREFORE, Defendant respectfully requests this Honorable Court to order that Defendant has purged himself of the Contempt found by this Court in its Order dated October 4, 2006, and to further order that the Defendant is relieved of his obligation to appear for sentencing on December 12,2006 at 9:30 am. , Respectfully Submitted, ~kflI Katherine Procopio, Esquire P A Attorney ID No. 94756 5247 Simpson Ferry Road Mechanicsburg, P A 17050 717-766-8169 For the Defendant ~ Exhibit A v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5089 CIVIL TERM MOLLY H. WILSON, Plaintiff RICHARD D. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 4th day of October, 2006, upon consideration of Plaintiff's Petition for Contempt for Defendant's Failure To Comply with the Marital Settlement Agreement Entered of Record, and following a hearing held on October 4, 2006, the Defendant is adjudicated in contempt, and the sanction of the Court is that the Defendant undergo imprisonment in the Cumberland County Prison for a period of 6 months. The conditions of purge with respect to this sentence are as follows: 1. That Defendant pay the sums of $480.14 and $1,115.40 to Plaintiff as reimbursement for lost interest and attorney's fees occasioned by Defendant's violation of the order herein within 45 days of today's date, subject to a credit of $798.50; and 2. That Defendant secure the removal of Plaintiff as an obligor or guarantor on certain debts to PNC Bank in the approximate total amount of $52,000, and the removal of the marital residence as security for said debts within 55 days of today's date. In the event that Defendant has not timely complied with both of these conditions of purge, he shall appear lO Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesday, December 12,1 2006, at 9:30 a.m. for commitment of sentence. The conditions of purge provided for herein above shall continue in full force and effect during any period of ,. release. imprisonment, and compliance therewith shall result in Defendant's John J. King, Esquire 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 For the Plaintiff Katherine Procopio, Esquire 141 East Main Street Mechanicsburg, PA 17055 For the Defendant pcb By the Court, (V';7 (j I{ ley Oler, J 'f J. ~ ~r:ORD :J my hand ..If\ .,;;:sle, Pa. . ~ ........,. . ' Exhibit B MOLLY H. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5089 CIVIL TERM RICHARD D. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION AGREEMENT AND NOW, this 7th day of December, 2006, certain actions having been taken by the Defendant, Richard D. Wilson pursuant to the Order of this Honorable Court dated October 4, 2006, the above-named parties, by and through their legal counsel, Katherine A. Procopio, Esq. for Defendant and John F. King, Esq. for Plaintiff, do hereby agree as follows: 1. Defendant paid the sum of $480.14 and $1,115.40, subject to a credit of $798.50 on November 13, 2006 via check made out to Friedman and King, PC; and 2. Defendant secured the removal of the Plaintiff as an obligor or guarantor on certain debts to PNC Bank in the approximate total amount of $52,000, and secured the removal of the marital residence as security for said debts as evidenced by facsimile from PNC Bank dated November 24, 2006, which is attached hereto as Exhibit A. The parties hereby further agree, by and through their respective legal counsel, that no other actions are required to be taken by the Defendant, Richard D. Wilson, to satisfy the issues raised by Plaintiff in the above-referenced Contempt " action initiated by Plaintiff. The parties further agree, by and through their respective legal counsel, that no other actions are required to be taken by the Defendant to allow for a ruling from this Honorable Court that the Defendant has purged himself of the Contempt previously ruled by this Honorable Court. WHEREFORE, Defendant by and through his legal counsel, respectfully requests this Honorable Court to order that Defendant has purged himself of the Contempt found by this Court in its Order dated October 4, 2006, and further to order that the Defendant is relieved of his obligation to appear for sentencing on Dec. 12, 2006 at 9:30 am. Signe Signed: lifMJJ ~ John J. King, Esq. 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA / Q 01 Attorney 1D: C?' { l L l Attorney for the Plaintiff Katherine A. Procopio, Esq. 5247 Simpson Ferry Road Mechanicsburg, PA 17050 Attorney 10: 94756 Attorney for the Defendant .........,I,jUI'J IU. 1..L1 IUUU.J.I::;1 Exhibit A 0PNCBANK Novembcr 24,2006 Telkore fne 5247 Simpson Ferry Road Mechallicsburg, P A 17055 Re: Loan #32104269/602391318,602363515 267 Hlltcrest Road, Camp H111, P A Dear Sir: This loan is paid and cancelled and cannot be drawn upon: PNC Bank, NA is in the process of releasing the following collateral: Business AsselS and a mortgage dated July 31,2004 i/a/o $35,000_00 rectFded August 16,2004 ill Cumberland County in Mortgage book 1 '1.77 Page 2018. A mortgage dated July 31,20041/3/0 $28,000.00 recorded August 16,2004 in Cumberland county in Mortgage Bt)ok 1877 Page 2026. If you have any question~, please do not hesitate to contacl me at (215) 74 )-6886. Sincerely, ...J.{' ',,4 , ,#0"'71.... t:. .' L--' Denise W orek Collateral Specialist M~mbcr 01 Till! PNC Financial Services Group 0000 TIr'","lIm A,-,"IF:vllr,j "'hllil(j..I~lllIU P,.III1.'yl,v.lIl1:l l?I'j) r .~. ~ (") c: <..,.. ~ _: i~' f"o.,) = C? 0"'" o -n --1 ;r,..,., ~.~~ {:.'--; ~'t! ;~~ t A ~ ~':'> ";-' :.< c::J rr'l c') , Q:) -0 :J:;: '-!-.) x:- co , / r MOLLYH. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEe 1 1 20DV 'y v. NO. 05-5089 CIVIL TERM RICHARD D. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this ~ay of D,. L , 2006 upon consideration of Defendants Motion for Order to Purge Contempt, it is hereby ORDERED that Defendant is purged of the Contempt found by this Court in its Order dated October 4th 2006, and further, Defendant is relieved of his obligation to appear for sentencing on Dee 12,2006 at 9:30am. BY THE COURT: J. ~ L \-::: ,~q '~JL h{:> !--\ t..,.l... ~.;J. \~ tJ u-::s: r- D- O -- ...:r 0J ...,,~- O<'~ \..J.- -""' ..-' - c..:>. t:~l o ...;::J ~ ~ ~ ., Katherine A. Procopio, Esquire 141 East Main Street Mechanicsburg, PA 17055 (717) 645-0718 k orocopio@comcast.net IN THiE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA MOLLY WILSON, Plaintiff No. 05-5089 v. CIVIL ACTION - LA W RICHARD WILSON, Defendant (In Divorce) ~CIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the ~ppearance of Katherine A. Procopio, Esquire, on behalf of the Defendant, Richard Wilson, in the above-captioned matter. Date: 3/!:407 By: ~"__ , , Katherine A. Procopio, Esquire ) Supreme Court J.D. #94756 141 East Main Street Mechanicsburg, Pennsylvania 17109 (717) 645-0178 ~CIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appe*ance of Daley Zucker Meilton Miner & Gingrich, LLC and Quintina M. Laudermilch, Esquire, on behalf of the Defendant, Richard Wilson, in the above- captioned matter. Date: 3/,J/fY7 I By: DALEY ZUCKER MEILTON MINER & GINGRICH, LLC ,,,....., ~/I~;~ Q mtma M. Laudermllch, EsqUIre Supreme Court J.D. #94664 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 ~ j,~ c;:) ...... ~ :;.~:: :;0 (J.) o 11 --l :J:-n I" -:_ :s.;~ .~,~) i~> ~=i j~'~ r:-: 0) (..r1 ~i.}-r4 ~.'.::: \ ~. ~ ., -I' CERTIFICATE OF SERVICE I, Katherine A. Procopio, Esquire hereby certify that on this R day of fmrch , 2007, I served a true and correct copy of the foregoing Praecipe to Withdraw Appearance/PraeciJjle for Entry of Appearance by U.S. First Class Mail, postage pre- paid, addressed as follows: John F. King Esquire FRIEDMAN & KING, P.c. 600 N. Second St., 5th Floor Harrisburg, Pennsylvania 17101 Attorney for Plaintiff /tf!!A ' a erine A. Procopio, Esquire Supreme Court J.D. #94756 141 East Main Street Mechanicsburg, P A 17055 (717) 645-0178 "" C':':) = --' --r'" -.0-','..,. j;'~ :;0 w f',) .. w <..n FILED-OFFICE CIF TE1E P R 0 T H0 4C TA, R Quintina M. Laudermilch, Esquire f; DALEY ZUCKER MEILTON 'N 1i t JUL 27 AM : 1 MINER & GINGRICH 635 N. 12TH Street, suite 101 CUMBERL NO C JJIIT%' Lemoyne, PA 17043 E N iN j `f LVAA I A (717) 724-9821 t1audermiIch@dzmm€1aw.corn THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOLLY H. WILSON, Plaintiff No. 2005-5089 V. CIVIL ACTION - LAW RICHARD D. WILSON, (In Custody) Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition and Notice are served, be entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, Pennsylvania 17013 (717) 249-3166 0,rv?_k%7 ().W fA (z61 ?(o ?1 37 S NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Date: Wintina M. Laudermilch, Esquire Attorney I.D. No. 94664 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH 635 N. 12TH Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 tlaudermilch(adzmmelaw com THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOLLY H. WILSON, Plaintiff V. RICHARD D. WILSON, Defendant No. 2005-5089 CIVIL ACTION - LAW (In Custody) PETITION TO MODIFY CUSTODY AND NOW, comes the Defendant, Richard D. Wilson, by and through his counsel and files the following Petition to Modify custody and in support thereof avers as follows: The Plaintiff, Molly H. Wilson, is an adult individual who currently resides at 267 Hillcrest Road, Camp Hill, Cumberland County, Pennsylvania, 17011 (hereinafter "Mother"). 2. The Defendant, Richard D. Wilson, is an adult individual who currently resides at 665 Woodburne Road, Lewisberry, York County, Pennsylvania, 17339 (hereinafter "Father"). 3. The parties are the parents of three minor children, namely Logan A. Wilson, born December 11, 1995 (15 years old), Connor R. Wilson, born July 13, 1997 (14 years old), and Peyton C. Wilson, born December 20, 2002 (8 years old). 4. The terms of the parties' current custodial arrangement are outlined in a custody Order entered by the Honorable J. Welsey Oler, Jr. dated November 18, 2005. A copy of the Order is attached hereto as Exhibit "A" and incorporated by reference. 5. Pursuant to the current custody Order, the parties share legal custody of Logan, Connor and Peyton and Mother has primary physical custody with Father having periods of physical custody by mutual agreement of the parties. 6. Since the entry of the Order, there has been no consistent custodial schedule and Father's physical custody of the children has been limited by Mother to one day per week, as long as Mother's schedule allows for the visit. 7. Mother has not allowed the children to spend any overnight time with their Father and she has not allowed Father to have physical custody of the children on holidays or for vacations. 8. Father is required by Mother to provide all of the transportation for any visits that he may have with the children. 9. Although the parties' share legal custody of the children pursuant to the current order, Mother fails to provide Father with any information regarding the children's activities, school or medical appointments. 10. Father is seeking to maintain shared legal custody of the children and to establish a regular, consistent custodial schedule, which will allow him to have overnight visits, vacations and to establish a regular schedule for holidays. 11. Father is also requesting that the transportations for any visits be shared by the parties. 12. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Father has a strong and loving bond with the children; b. Father believes the children will benefit from spending time with their Father on a regular and consistent basis; and c. Father does not believe that Mother fosters or encourages the relationship between the children and their Father. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order granting Father partial physical custody of the children on a schedule consistent with the best interest of the child. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: °? i / By:L ?c 1. Q G- a- M. Laudermilch, Esquire Attorney I.D. No. 94664 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Attorneys for Defendant VERIFICATION I, Richard D. Wilson, verify that the statements made in this Petition to Modify Custody 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:_ 7-V • I ?'"` AO LCD ? Richard D. Wilson, Defendant Exhibit "A" MOLLY H. WILSON, Plaintiff Nov ?.._ m._.. M ).pry _._....,_, IN THE COURT OF ash""^?^I PLEA „r-! CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD D. WILSON, Defendant ORDER OF COURT NO. 05-5089 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this J Ph day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. Molly H. Wilson and Richard D. Wilson shall have shared legal custody of the minor children, Logan A. Wilson, born December 11, 1995; Connor R. Wilson, born July 13, 1997; and Peyton C. Wilson, born December 20, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged by the mutual agreement of the parties with the appropriate flexibility in consideration of Father's traveling schedule for work. Dist: John F. King, Esquire, P.O. Box 984, Harrisburg, PA 17108 Richard D. Wilson, 18 East Lisburn Road, Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I, Tonya S. Daugherty, hereby certify that on this day of 2011, a true and correct copy of the foregoing Petition was placed in the United States Mail, Postage pre-paid, addressed as follows: John F. King, Esquire 4076 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Tonya S. D kghtery MOLLY H. WILSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA r-, V. 2005-5089 CIVIL ACTION LAW' RICHARD D. WILSON rn IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 09, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at_ _ 4th Floor, Cumberland County Courthouse, Carlisle on _ Wednesday, August 24, 2011 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ /s/ Hubert X. Gilro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilites 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 mist be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 16?4 Cor M'q1IB/ %U A 7 1?Telephone (717) 249-3166 ??,w,// // L? ,L?,1!? Inaflea, A#lcf ?.! rngt ? ?d -10 47 Vj y ON/# ~ r- 1:` ~ l Quintina M. Laudermilch, Esquire J l a t D ~ ~ 0 T;; I ; DALEY ZUCKER MEILTON MINER & GINC3RICH L ~ 635 N. 12T'-' Street, Suite 101 Lemoyne, PA 17043 ? C,~ ~r~~~i~,~ ('717) 724-9821 tiaudermilch@dznunglaw.com THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOLLY H. WILSON, : Plaintiff : No.2005-5089 v. : CIVIL ACTION - LAW RICHARD D. WILSON, . (In Custody) Defendant : STIPtiLATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this day of _ , 2011, by and between Richard D. Wilson (hereinafter referred to as "Father") and Molly H. Wilson (herein after referred to as "Mother"). 1. It is the intention of the parties and the parties agree that they will have shared legal custody of their children, Logan A. Wilson, born December 11, 1995, Connor R. Wilson, born July 13, 1997, and Peyton C. Wilson, born December 20, 2002. The parties agree that major decisions concerning the children, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. Further, the parties specifically agree that they shall notify the other pazent prior to any scheduled medical, dental or vision appointment to allow the other parent the opportunity to attend and/or participate in said appointment. 2. The parties agree that Mother shall have primary physical custody of the children. 3. Father shall have physical custody of the children on alternating weekends from Friday at 5:00 p.m. until Sunday evening at 5:00 p.m. In the event the children are off from school on a Friday preceding Father's weekend or a Monday following Father's weekend, that time shall attach to Father's weekend such that the weekend will begin either Thursday at 5:00 p.m., and/or end Monday evening at 5:00 p.m. Father's altemating weekends will begin with Father having physical custody of the children the weekend of November 18, 2011 4. The parties are entitled to take up to one (1) week of uninterrupted vacation with the ~ children. A week is defined as seven (7) da s and sha11 include the arties' re lar cu t' Y p gu s odial weekend. Each party shall provide the other with thiriy (30) days' advance notice of his/her intention to exercise the extended custody period. In the event a parties' intended vacation will occur during the school yeaz and require the children to be absent from school, the parties agree that they shall follow the regulations established by Cumberland Va11ey School District regarding educational trips; the parties shall minimize the number of absences of the children from school; and i the parties sha11 review any specific academic problems being exhibited by the children prior to making a decision to allow an absence from school for vacation/educational trip. 5. The parties agree that the holiday schedule shall be as follows: A. The parties agree to alternate having physical custody of the children on the following holidays: Easter, Memorial Day, 0' of July, Labor Day and Thanksgiving. Father shall have physical custody of the children on Easter, 4`h of July and Thanksgiving in odd nuxnbered years and Memorial Day and Labor Day in even numbered years. Mother sha11 have physical custody of the children on Easter, 4t' of July and Thanksgiving in even numbered years and Memorial Day and Labor Day in odd numbered years. Holiday shall be defined as starting at 9:00 a.m. the morning of the holiday, and ending at 5:00 p.m. on the evening of the holiday, except that the holiday period for 4t' of July shall begin at 9:00 a.m. the morning of the holiday and end after fireworks the evening of the holiday, but no later than 11:00 p.m. In the event a party's scheduled Holiday period fa11s on the Friday preceding the party's regular weekend or a Monday following the party's regular weekend, that Holiday time shall attach to the party's weekend such that the weekend will begin either Thursday at 5:00 p.m., and/or end Monday evening at 5:00 p.m. B. Mother shall have physical custody of the children every yeaz beginning Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m. and Father sha11 have physical custody of the children every year beginning Christmas Day at 2:00 p.m. until December 26t' at 2:00 p.m. C. Father shall have physical custody of the children on Father's Day and ' Mother shall have physical custody of the children on Mother's DaY, which daYs shall be defined as starting at 9:00 a.m. on the morning of the holiday, and ending at 5:00 p.m. in the evening of the holiday. 6. The holiday schedule sha11 take precedence over the regular custody schedule. 7. Unless otherwise agreed to by the parties, the party receiving custody of the children shall provide transportation for the exchange. 8. The parties agree that the children will not be permitted to sleep in a room in which either pazent and an unrelated third party adult are also sleeping. 9. Both parties agree that they are relying on the custodial schedule set forth herein and they expect the schedule to be followed by the other party. However, the parties acknowledge that, from time to time, slight adjustments or modifications may be requested by the other party. The parties agree to work together to reasonably attempt to accommodate said requests. In the event either party needs to request a temporary modification to the schedule, or to request to switch weekends with the other parent, that party shall contact the other party as soon as possible prior to the requested change, so they can discuss the request and determine whether alternate atrangements can be made. In the event either party will be delayed in arriving for a custodial exchange, the delayed party shall immediately contact the other party to advise of the delay. In the event the delay is less than 1 hour, the custodial period sha11 begin when the delayed party arrives. In the event the delay is more than 1 hour, and said delay is caused by factors totally beyond the control of the delayed pariy (i.e. flight delays caused by weather, or other acts of God), the parties shall communicate to try and make alternate arrangements for the exchange, which alternate , arrangements sha11 not be unreasonably denied. Failures to exercise custodY, for reasons other than ~ , the foregomg, shall be considered to be violations of the Agreement/Court Order. In the event an entire period of visitation is missed for a reason beyond the control of the receiving party (i.e. flight delays caused by weather, acts of God, etc.), the parent who missed said visitation shall be allowed a makeup period, which period sha11 be determined by agreement with the other party, and which shall be exercised within three (3) months of the missed period. Should a party miss more than one (1) such period in any given six (6) month period, for a reason beyond the control of the receiving party (i.e. flight delays caused by weather, acts of God, etc.), then all such additional periods sha11 not be subject to makeup, but rather shall be forfeited. Under no circumstance shall a period of visitation missed for a reason other than one beyond the control of the receiving party, as defined herein, be subject to makeup, but rather shall be a violation of the AgreementJOrder. 10. During any period of custody or visitation, the parties sha11 not possess or use controlled substances or consume alcoholic bevera.ges to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. Each party shall be required to inform the other party of the nature and quantity of any firearms in the possession of the other. During any period of custody or visitation, the parties sha11 secure, outside of the access of the children, all said firearms. 12. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 13. Each pariy shall be entitled to reasonable telephone or e-mail contact with the children when they are in the custody of the other party. The parties shall provide to one another an emergency contact telephone number, e-mail address or contact person. 14. Pursuant to 23 Pa.C.S. §5337, neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order. In the event of any intended relocation, all requirements outlined in 23 Pa.C.S. §5337 regarding Relocation must be adhered to by the parties. 15. The parties shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 16. Should either party have the children spend overnight at a place other than their primary residence, the other party will be given the address and telephone number where the children are spending the night. 17. The parties hereby agree to minimize interference with the children's regularly scheduled activities as much as possible a. The parents shall organize ways for their child(ren) to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may reside. b. Each parent shall provide the other with at least forty-eight (48) hours advance notice of school or other activities and two weeks' notice whenever possible. c. Both parents shall honor and be supportive of the extracurricular activities the child(ren) wishes to engage in. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their child(ren) which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their child(ren), each parent will make certain that the child(ren) attends their extracurricular activities and transport the child(ren) on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 18. The parties agree to organize ways for their children to maintain their friendships, , extracurricular activities and other s ecial interests re ardless of which hou P ~ S sehold they may be in. It is also suggested that toys, clothing, etc. not become matters of contention. 19. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such agreement would be in the best interests of the children. In the absence of mutual agreement, the terms of this Agreement shall control. IN WITNESS THEREOF, intending to be legally bound, the parties have hereto set their hands and seals on the day and year first written above. Witness: 1 GL~G/ `,~~--p~l/• &-)e.Ld.ex Richard D. Wilson { Molly H. Wilson it THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOLLY H. WILSON, Plaintiff No. 2005-5089 C= , V. CIVIL ACTION - LAW r cn „? n? ?' ca RICHARD D. WILSON, (In Custody) Defendant r, :X <-> -F ;CD y-,,. 7) ORDER AND NOW, this ! ?Y' day of 2011, upon consideration of the attached Stipulation and Agreement for Custody executed by the parties, it is hereby ORDERED AND DECREED that said Stipulation is APPROVED and that its terms are hereby ADOPTED as an Order of Court. ? Qoi n-h noL W. 1. LWerm I !Ch Vol John F K;n3, 0.0es Oadd 44411 Di6 RV TNF. C01TRT- MOLLY H. WILSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA _, 2005-5089 CIVIL ACTION LAW u. J L C3 RICHARD D. WILSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, February 20, 2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, Thursday, March 21, 2013 10:30 AM at 4th Floor, Cumberland County Courthouse, Carlisle on for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute-, or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. ,?? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 o (' ? , ? O C? 11-0 44, ?s9 . THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOLLY H. WILSON, Plaintiff No. 2005-5089 - vs. CIVIL ACTION - LAW RICHARD D. WILSON, (In Custody) Defendant PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Quintina M. Laudermilch, Esquire of Daley Zucker Meilton Miner& Gingrich on behalf of Defendant Richard D. Wilson in the above-captioned action. Qaintina M. Laudermilch, Esquire Attorney I.D. 94664 Daley Zucker Meiltou Miner&Gingrich 635 N. 1211, Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Dated: ��'//_P PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Lynnore K. Seaton of Ream, Carr, Markey& Woloshin LLP on behalf of Defendant Richard D. Wilson. Lynnore K. Seaton Attorney I.D. 210241 Ream, Carr, Markey&Woloshin LLP 119 E. Market Street York, PA 17401 (717) 843-8968 Dated: u3 �� THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOLLY' H. WILSON, Plaintiff No. 2005-5089 Vs. CIVIL ACTION - LAW R.ICHAR.D D. WILSON (In ('ustody) Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing documents was served by first-class mail, postage prepaid upon the following: John F. King John F. King Law, P.C. 4076 Market Street, ;Suite 1 Camp Hill, PA 17011 w Lynnore K. Seaton, Esquire Dated: 4 �^ lit- 3 MAR 27 fall 11 6 CJIMDERLfr NO COUNTY FCNINSYLVAN1A REAM, CARR, MARKEY& WOLOSHIN LLP Lynnore K. Seaton, Esquire 119 E. Market Street York, PA 17401 (717) 843-8968 FAX(877) 777-3923 lseatonlaw @gmail.com THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MOLLY H. WILSON, Plaintiff No. 2005-5089 vs. CIVIL ACTION - LAW RICHARD D. WILSON (In Custody) Defendant ANSWER TO MOTION FOR CONTEMPT FOR DISOBEDIENCE OF A CUSTOY ORDER PURSUANT TO Pa.R.C.P 1915.12 AND NEW MATTER AND NOW COMES the Respondent Richard D. Wilson, by and through his attorneys, Ream, Carr, Markey & Woloshin LLP, hereby moves this Honorable Court for a continuance and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Judge J. Wesley Oler,Jr. entered the most recent Custody Order on November 18, 2011. By way of further answer,this was a modification of a prior Custody Order dated November 18, 2005. 5. Denied. Father did not"willfully"fail to abide by the Order. A. Admitted. B. Admitted. C. Admitted in part, denied in part. While it is admitted that these events were scheduled, Father thought they were cancelled due to Mother's email communication. Furthermore, Connor(who is 15 years old) did not mention these activities to Father during the said weekend. D. Denied. This one time inadvertent act did not interfere with Connor's ability to participate in baseball. This is evidenced by the fact that Connor is currently playing on both the Carmen Fusco team and the Cumberland Valley High School team. E. Admitted. F. Admitted. G. Admitted. By way of further answer, Mother's email included an extensive list of activities for all the children. Mother consistently fails to obtain Father's agreement prior to scheduling activities, as addressed below. This email communication was indicative of this type of behavior. It included scheduling new activities of the children during Father's time. H. Admitted. By way of further answer, Father admits this can be misconstrued; however, it was written in frustration due to Mother's violation of the Custody Order. Father subsequently supported the activities in Mother's email, despite the lack of his prior approval of some of the activities. I. Denied. Some of the activities are new activities for both Logan and Connor. 6. (Another Number 4 on Plaintiff s Motion.) Neither admitted nor denied. By way of further answer, Mother is complaining of one event that was due to an error rather than a course of conduct. Mother would not have incurred any fees had she simply communicated with Father rather than filing a Motion for Contempt the first time she was able to identify a harmless error. FIRST NEW MATTER COUNTERCLAIM FOR PLAINTIFF'S CONTEMPT 7. Paragraphs One through Six of the Answer are incorporated by reference as if fully set forth herein. 8. The Custody Order granted the parties shared legal custody, requiring the parties agree on major decisions regarding the children. 9. Paragraph 17 of the Custody Order specifically states: "Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. 10. Rather than discussing and agreeing to potential activities with Father, Mother simply informs Father of activities, after the children are already enrolled. Similarly, Mother allows children to withdraw from activities without agreement from Father. 11. Paragraph 17 of the Custody Order also states: "Both parents shall honor and be supportive of the extracurricular activities the child(ren)wishes to engage in." 12. Mother schedules the children for so many activities that it seems the children would rather relax while at their Father's home,rather than endure the myriad of activities. This is evidenced by the fact that Connor did not inform his Father of the practices that are the subject of Mother's Motion. This indicates that it is Mother who is selecting the activities based upon her own preference, rather than the preference of the children. 13. It is believed that Mother has chosen to allow the children to miss some pre-arranged activities as well. For example, on January 20, Mother told Father that Peyton was too tired to participate in"Hoop Fest" so he was not going. Father does not keep track of missed practices, but it is believed that Mother has violated the Order's requirement that each party"make certain that the children attend extracurricular activities..."more than Father. 14. Paragraph 9 of the Custody Order states: "[t]he parties acknowledge that, from time to time, slight adjustments or modifications may be requested by the other party. The parties agree to work together to reasonably attempt to accommodate said requests...In the event that delay is more than 1 hour, and said delay is caused by factors totally beyond the control of the delayed party...the parties shall communicate to try and make alternate arrangements for the exchange,which alternate arrangements shall not be unreasonably denied." 15. In May 2012, Father gave Mother timely notice that he was going to be late for the custodial exchange. It was due to a business meeting,which was a circumstance beyond his control. Mother threatened that Father had to lose his custodial time. She refused to allow another responsible adult to pick up the children for the custodial exchange. lb. In November 2012 Father was late for a custodial exchange. This was also due to circumstances beyond his control(due to a flight delay.) Father gave Mother timely notice of his delay. Mother once again refused to allow Father to arrange for a responsible adult to pick up the children for his custodial time. She threatened Father that he had to lose his entire weekend due to this delay. 17. In both events, Mother refused to reasonably accommodate Father by allowing another responsible adult to pick up the children in lieu of Father. Mother only allowed the children to go with Father later than scheduled after a considerable amount of negotiating from Father. 18. Mother continues to refuse to allow Father to designate other responsible adults to pick up the children for custody exchanges. Meanwhile, she arranges for friends, neighbors, etc. to drive the children to activities during her custodial time. 19. Mother was late for the custodial exchange on Christmas Day, 2012. Father accommodated Mother without threatening that she would lose her custodial time all together. 20. On at least two occasions, Mother was not at her house when Father arrived on time to pick up the children for his custodial time. Mother did not previously inform Father she would not be there on time. Instead, Mother informed the children that they were "not allowed"to go with Father until her return. While Mother's delay was not excessive, there was no reason given for why the children(including the 17 year old child)were not allowed to leave with Father upon his arrival. SECOND NEW MATTER PETITION TO MODIFY CUSTODY 21. Paragraphs One through Twenty of the Answer and New Matter are incorporated by reference as if fully set forth herein. 22. Based upon the Custody Order, Mother has primary custody of the children. Father has partial physical custody on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m.. If a school holiday falls on Father's weekend, Father's time includes either the prior Friday or following Monday. Father is also entitled to one week of uninterrupted vacation time and alternating holidays. 23. Father is seeking additional time with the children, including alternating weeks over the summer, every extended weekend and every school holiday that extends beyond extended weekends. 24. Mother reaches out to friends,neighbors,etc. to provide transportation of the children to and from their activities. Mother refuses to allow Father to participate in transporting the children during her custodial time. Mother refuses to reach out to Father first for transportation assistance. 25. Father is generally available to transport the children to and from their activities during the week. Father would like to be the first contacted when Mother needs assistance with transportation, so he can spend additional time with his children. 26. The best interest and permanent welfare of the children served by granting the relief requested because: a. The children have expressed a desire to spend more time with Father. b. Father and the children have a bond that will be strengthened with additional time spent together. C. Father's work schedule has adjusted to allow Father more time to spend with his children than previously. WHEREFORE,counsel for the Defendant requests that this Honorable Court enter an Order: 1. Holding Mother in Contempt of Court; 2. Granting Father$750 in Attorney's fees for the cost of preparing and filing this Petition; 3. Granting Father additional partial physical custody as follows: a. Alternating weeks during the summer; b. Every extended weekend created by a school holiday; and c. Every Spring Break, Thanksgiving Break, Winter Break and any other school holiday that includes more than just an extended weekend. 4. Granting Father the Right of First Refusal if the children need transportation to activities during Mother's custodial time; 5. Any other relief as the Honorable Court deems appropriate. Respectfully submitted, Date: Z>-'off �1�- Lynnore K. Seaton Attorney ID No. 210241 Ream, Carr, Markey & Woloshin LLP 119 E. Market Street York, PA 17401 (717) 843-8968 (717) 846-4999 fax lseatonlaw @gmail.com Attorneys for Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ...�I►40 Richard D. Wilson Dated 3—a LO —� 3 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MOLLY H. WILSON, Plaintiff No. 2005-5089 vs. : CIVIL ACTION - LAW RICHARD D. WILSON : (In Custody) Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. I CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 i THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MOLLY H. WILSON, . Plaintiff No. 2005-5089 vs. CIVIL ACTION - LAW RICHARD D. WILSON (In Custody) Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing documents was served by facsimile and first-class mail, postage prepaid upon the following: John F. King John F. King Law, P.C. 4076 Market Street,Suite 1 Camp Hill, PA 17011 Y4'2- Lynno K. Seaton, Esquire Dated: 3