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HomeMy WebLinkAbout01-5298William C. Purcell, VS. Cheryl J. Purcell, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * CIVIL ACTION - LAW Defendant * IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, 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 Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 William C. Purcell, VS. Cheryl J. Purcell, Plaintiff Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * CIVIL ACTION - LAW * IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is William C. Purcell, who currently resides at 431 Pawnee Drive, Mechanicsburg, PA 17050. 2. Defendant is Cheryl J. Purcell, who currently resides at 431 Pawnee Drive, Mechanicsburg, PA 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on September 13, 1986. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are two (2) children of the parties under the age of eighteen: Nikkole Purcell, born September 21, 1989 and Carl Purcell, born December 23, 1991. thereto. 10. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. 12. thereto. 13. 14. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the Parties is irretrievably broken. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divome Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 31. thereto. 32. reside with Plaintiff and Defendant: The prior paragraphs of this Complaint are incorporated herein by reference The parties are the parents of the following unemancipated children who NAME AGE ~ D~L~.~J~J]~ Nikkole Purcell 11 F 9/21/89 Carl Purcell 9 M 12/23/91 33. the addresses herein indicated. FROM TO 5/2000 Present During the past five years, the children have resided with the parties and at Parents 1996 5/2000 Parents 431 Pawnee Drive Mechanicsburg, PA 609 Good Hope Road Mechanicsburg, PA 34. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 35. There are no other proceedings pending involving custody of the children in this or any other state. 36. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 37. The best interests of the children will be served if sole legal and primary physical custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the children in Plaintiff. 29. thereto. 3. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT · AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 40. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 41. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: Respectfully submitted: BY: EDWARD J. WEINTRAUB, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR PLAINTIFF VERIFICATION I, William C. Purcell, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ~[(o (' ~, / William C. Purcell, Plaintiff WILLIAM C. PURCELL, Plaintiff VS. CHERYL J. PURCELL, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * CIVIL ACTION - ~W * IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO SECTION 3502(C) OF THE DIVORCE CODE AND NOW, this 10th day of September, 2001, Plaintiff, William C. Purcell, by and through his attorney, Edward J. Weintraub, Esquire, files the within Petition for Interim Exclusive Possession of Marital Residence, and in support thereof, avers as follows: 1. Petitioner is William C. Purcell, Plaintiff in the above-captioned divorce action. Petitioner and the parties' children reside at 431 Pawnee Drive, Mechanicsburg, PA 17050, the "marital home". 2. Respondent is Cheryl J. Purcell, Defendant in the above-captioned divorce action. Defendant currently resides at 431 Pawnee Drive, Mechanicsburg, PA 17050, the "marital home". 3. The parties hereto were married on September 13, 1986 in Dallas, Texas. The parties are the parents of the following unemancipated children who reside with both parents: Nikkole Purcell, born 9/21/89 and Carl Purcell, born 12/23/91. 4. On September 10, 2001, Plaintiff William Purcell filed a Complaint in Divorce against Defendant Cheryl Purcell, in Cumberland County, Pennsylvania. 5. The marital home, where the parties' children have resided exclusively since May, 2000 is owned by the parties as tenants by the entireties. 6. Section 3502(c) of the Divorce Code states that "[t]hat court may award during the pendency of the action or otherwise to one or both of the parties the right to reside in the marital residence." 7. Section 3323(f) of the Divorce Code states that "[I]n all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 8. Since the parties moved into the marital home in May of 2000, the marital home is the only home the parties' children have known. 9. Unless Plaintiff and the parties' children are permitted interim exclusive possession of the marital home, the mental and emotional health and welfare of Plaintiff and the children will be compromised. 10. Plaintiff has been the primary caretaker and nurturer of the parties' children for the past several years, as Defendant Mother has increasingly suffered from chemical dependency. 11. An award of interim exclusive possession of the marital home will avoid uprooting the parties' children from not only the marital home, but also the social and community setting in which they are thriving. 12. While residing in the marital home, Defendant engaged in a course of wrongful conduct which resulted in making the conditions under which Plaintiff and the parties' children are living both intolerable and unconscionable. Illustrations of such conduct are the following: a. Frequently while intoxicated, in the presence of the children, Defendant screams, curses, verbally belittles and attacks Plaintiff and the minor children. b. Frequently while intoxicated, in the presence of the children, Defendant regularly inflicts mental abuse on Plaintiff and both children, creating an unbearable atmosphere of tension, stress, and conflict. c. While responsible for caring for the children, Defendant consumes alcohol daily, to the point of intoxication. d. As a result of Defendant's alcoholism, Defendant has volatile mood swings, which have created an intolerable environment for Plaintiff and the children. e. Defendant staggers around the house and passes-out in the presence of the children. f. Defendant returns to the house at odd hours, causing Plaintiff and the children fear and concern. WHEREFORE, Petitioner, William C. Purcell, respectfully requests this Honorable Court grant him and the parties' children interim exclusive possession of the marital home at 431 Pawnee Drive, Mechanicsburg, Pennsylvania, until the conclusion of the divorce proceedings. Respecffu/~S_.u bmitted, . // ', ..... ...... /'~ By '~r-dw'a'}~O. We~, Esq ' ulre 2650 North Third Street Harrisburg, PA 17110 Attorney Id. #17441 (717) 238-2200 ATTORNEY FOR PLAINTIFF VERIFICATION I, William C. Purcell, hereby swear and affirm that the facts contained in the foregoing Petition for Exclusive Possession of Marital Residence are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: William C. Purcell, Plaintiff WILLIAM C. PURCELL PLAINTIFF : V. : CHERYL J. PURCELL : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-$298 CIVIL ACTION LAW IN CUSTODY AND NOW, Tuesday, September 18, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ., the conciliator, at 214 Senate Avenue, Suite 105, Camp I~ill, PA 17011 on Tuesday, October 09, 2001 at 11:00 a.m. 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 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: Is/ Melissa P. Greevy. 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 disableql 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 WILLIAM C. PURCELL V. CHERYL J. PURCELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5298 CIVIL TERM ORDER OF COURT AND NOW, this 19TM day of SEPTEMBER, 2001, a hearing on Plaintiff's Petition for Exclusive Possession of the Marital Residence is scheduled for FRII)AY~ OCTOBER~ 12~ 2001~ at 11:00 a.m in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. 17013. Edward J. Weintraub, Esquire For the Plaintiff Cheryl Purcell 431 Pawnee Drive Mechanicsburg, Pa. 17055 :sld Edward E. Guido, J. z William C. Purcell * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, PENNSYLVANIA · No. 01-5298 VS. Cheryl J. Purcell, * CIVIL ACTION - LAW Defendant. * CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on September 28, 2001, I served a tree and correct copy of the Order of Court scheduling the Custody Conciliation Conference upon Cheryl J. Purcell, Defendant, by depositing same, postage pm-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Cheryl Purcell 431 Pawnee Drive Mechanicsburg, PA 17050 Date: Misty D. Lehman LAW OFFtCES MARLIN R. McCALEB WILLIAM C, PURCELL, Plaintiff vs. CHERYL J. PURCELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5298 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for and on behalf of Cheryl J. Purcell, the Defendant in the above divorce action. Date: October /O , 2001 Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania (717) 691-7770 17055 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Entry of Appearance was served upon the Plaintiff ,herein, or his attorney, on October /0 , 2001, by depositing same in the mail at the United States Post Office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as follows: Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 Marlin R. McCaleb WILLIAM C. PURCELL, Plaintiff CHERYL J. PURCELL, Defendant AND NOW, : NO. 01-5298 CIVIL TERM ORDER OF COURT this 12th day of October, 2001, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA by agreement of the parties, it is ordered and directed that each shall schedule a drug and alcohol evaluation with Mazzitti & Sullivan or Gaudenzia. The evaluation must be scheduled within 10 days of today's date, and any appointment made must be kept. Both parties will sign releases so that this Court and all counsel are given a copy of the results of the evaluation. The parties will submit a stipulation to become an order of this Court with regard to further items of agreement they have reached. If the parties cannot agree upon a stipulated order, we will schedule an emergency hearing at the request of either party. By the C Edward E. Guido, J. Edward J. Weintraub, Esquire Attorney for Plaintiff Marlin R. McCaleb, Esquire Attorney for Defendant srs LAW OFFIC E~ MARLIN R MCCALEB WILLIAM C. PURCELL, Plaintiff VS. CHERYL J. PURCELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERL/LND COUNTY, PENNSYLVANIA : NO. 01-5298 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR EOUITABLE DISTRIBUTION. COUNSEL FEES, COSTS AND EXPENSES, ALIMONY PENDENTE LITE AND ALIMONY AND NOW, comes the Petitioner, CHERYL J. PURCELL, by her attorney, Marlin R. McCaleb, Esquire, and pursuant 1920.15(b} requests the following relief: FIRST COUNt. EQUITABLE DISTRIBUTION to Pa.R.C.P. 1. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." 2. Plaintiff and Defendant have been unable to agree as the equitable division of said marital property. WHEREFORE, Defendant respectfully requests your Honorable Court to enter an Order of equitable distribution of marital property in such proportion as the Court deems just after consideration of all relevant factors as set forth in the Divorce Code. SECOND COUNT COUNSEL FEES, COSTS AND EXPENSES 3. Defendant has retained legal counsel to represent her in this action in divorce and has agreed to pay counsel a reasonable fee for his services. 4. Defendant has incurred and will incur costs and expenses in defending this action and presenting her claims. 5. Defendant is not financially able to pay her counsel fees, costs and expenses related to this action. 6. Plaintiff has the ability to pay Defendant's counsel fees, costs and expenses. Wt~EREFORE, Defendant respectfully requests your Honorable Court to enter an Order directing the Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. THIRD COUNT ALIMONY PENDENTE LITE 7. Defendant lacks sufficient property or income to provide for her reasonable needs and requires support to adequately maintain herself during the pendency of the litigation in accordance with the standard of living established during the marriage. WHEREFORE, Defendant respectfully requests your Honorable Court to enter an Order of alimony pendente lite in favor of the Petitioner, in such amount as it deems reasonable under the circumstances. FOURTH COUNT ALIMONY 8. Defendant lacks sufficient property or income to provide for her reasonable needs and requires support to adequately maintain herself after divorce in accordance with -2- the standard of living established during the marriage. WHEREFORE, Defendant respectfully requests your Honorable Court, at the time a decree in divorce is enteres, to also enter an Order of alimony in favor of the Petitioner in such amount as it deems reasonable undelthe circumst~nce$~ Date: October /4,2001 Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Defendant/Petitioner VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification. Date: October /~, 2001 Cheryl ~ Purcell -3- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Petition was served upon the Plaintiff herein, or his ~ttorney, on October ~ , 2001, by depositing same in the mail at the United States Post Office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 follows: Marlin R. McCaleb WILLIAM C. PURCELL, Plaintiff VS. CHERYL J. PURCELL, Defendant EDWARD. J. WEINTRAUB 2650 NORTH THirD STREET HARRISBURG, PENNSYLVANIA 17110 (717) 238-2200 FAX (717) 238-9280 * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY, * PENNSYLVANIA * * NO. 2001-5298 * * CIVIL ACTION - LAW * IN DIVORCE STIPULATION FOR AN AGREED ORDER OF EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, this 2 4 t hday of October, 2001, the parties by and through thei~ counsel, stipulate and agree as follows: 1. On or before October 22, 2001, both Plaintiff and Defendant shall contact Mazzitti and Sullivan or Gaudenzia for comprehensive chemical dependency assessments. Both parties shall be assessed by the same agency. Both parties will sign releases authorizing the agency's Certified Addictions Counselor conducting the assessment to talk to the other party and any other third-parties the assessor deems advisable in collecting cooperating evidence relating to corroborating either chemical assessment. Both parties shall further sign releases authorizing the assessing agency to promptly provide written reports to this Court and legal counsel for both parties indicating whether either party is chemically dependent and any recommended treatment plan or plans. Both parties agree to comply promptly and fully with any treatment recommendations. 2. If neither party is determined to have a chemical dependency problem, or if both parties are determined to have chemical dependency problems requiring treatment, they shall continue to enjoy joint possession of the marital residence until further proceedings in this matter and further Order of the Court. 3. If the assessing agency issues a written report indicating that only one of the parties has a problem of chemical dependency requiring treatment, within fourteen (14) days of the issuance of the written report, that party shall vacate the marital residence. 4. If the party to vacate the marital residence is Defendant, Cheryl J. Purcell, prior to her vacating the residence, Plaintiff shall pay to Defendant, as interim equitable distribution, the sum of $10,000, to enable her to pay for her moving expenses, housing and for her interim support. 5. Defendant shall cooperate with Plaintiff in signing all documents necessary for Plaintiff to refinance the mortgage on the parties real estate, enabling him to secure the maximum amount of cash which may be paid out at closing to the parties (believed to be approximately $40,000). At closing, also as interim equitable distribution, each party shall receive 50% of the net cash proceeds available upon refinancing, and deducting from Wife's share the $10,000 previously advanced. 6. Plaintiff shall pay all costs of chemical dependency assessment or treatment not covered by insurance. 7. Both parties shall permit and encourage their children to pursue any recommended counseling or to attend ALATEEN meetings. 1~/25/20~1 1~:51 7172389280 STERN OR t4EZNTR~UB PAGE 05 8. Thc parties agreement is without prejudice to their mutual rights to return to the Court for further relief in this matter ~md to pursue their rights and remedies in the pending divorce and custody actions· This Stipulatj.O.n shall be entered as an Order of Court. ~-~ Willia~n C. ~urcell, Plamtiff ~- Cheryl L'Purcd[, Defendant APPROVED BY : J. Date 8. The parties agreement is without prejudice to their mutual rights to return to the Court for further relief in this matter and to pursue their rights and remedies in the pending divorce and custody actions. This Stipulation shall be entered as an Order of Court. William C. Purcell, Plaintiff Cheryl J.~Purce~', Defendant APPROVE~URT:BY J. Date WILLIAM C. PURCELL, Plaintiff, CHERYL J. PURCELL, Defendant. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-5298 Civil action - Law : In Custody ORDER OF COURT AND NOW, this 16TM day of October, 2001, upon consideration of request for continuance by counsel for both parties, an additional Custody Conciliation Conference shall be scheduled. The parties and their respective counsel appear before Melissa Peel Greevy, Esq., the conciliator, at 214 Senate Avenue Suite 105 Camp Hill, PA 17011 on the 5th day of November, 2001 at 3:00 p.m. to reconvene the Custody Conciliation Conference. At such conference, an effort will be made to resolve the issues in dispute, and to enter a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COU~T~ -'C~ustody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individual 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 oct 3 o WILLIAM C. PURCELL, Plaintiff : : vs. : NO. 01-5298 : : CIVIL ACTION - LAW Defendant : CUSTODY CHERYLJ. PURCELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 Nikkole Purcell Carl Purcell September 21, 1989 December 23, 1991 CURRENTLY IN CUSTODY OF Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on October 16, 2001, with the following individuals in attendance: the Father, William C. Purcell, and his counsel, Edward J. Weintraub, Esquire; the Mother, Cheryl J. Purcell, and her counsel, Marlin McCaleb, Esquire. 3. During a meeting with counsel it was determined that the parties have not separated and that it was unlikely that there would be a separation until after the outcome of chemical dependency evaluations to be performed on each party this week by the staff of Gaudenzia. In as much as both parties remain in the martial home, counsel have agreed to reconvene the Custody Conciliation Conference on November 5, 2001, at 3:00 p.m. Therefore, no Custody Order will be entered on this date. Date Custody Conciliator William C. Purcell * Plaintiff, * VS, * Cheryl J. Purcell, * Defendant. * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5298 CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on November 30, 2001, I served a tree and correct copy of the Order of Court scheduling the Custody Conciliation Conference upon Marlin McCaleb, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Marlin McCaleb, Esquire 219 East Main Street Me'chanicsburg, PA 17055 Date: M1 D. Letiman William C. Purcell * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, PENNSYLVANIA · No. 01-5298 Cheryl J. Purcell, * CIVIL ACTION - LAW Defendant. * CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on December 4, 2001, I served a tree and correct copy of the Petition for Special Relief to Enforce Order of Exclusive Possession upon Marlin McCaleb, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Marlin McCaleb, Esquire 219 East Main Street Mechanicsburg, PA 17055 Misty ~).-Lel~an Zt~ ~ LAW OFF[CE~ MARLIN R McCALEB WILLIAM C. PURCELL, Plaintiff vs. CHERYL J. PURCELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5298 : : CIVIL ACTION - LAW : IN DIVORCE ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, this /~day of December, 2001, Defendant/Wife, Cheryl J. Purcell, by and through her attorney, Marlin R. McCaleb, Esquire, makes the following Answer to Plaintiff/Husband's Petition for Special Relief to Enforce Order of Exclusive Possession of Marital 1. Admitted. Admitted. Residence: Said Order further provided that if both parties were determined to need chemical dependency treatment, then neither party was obligated to vacate the marital residence. 3. Admitted. Denied as stated. Plaintiff/Husband was recommended for out-patient chemical dependency treatment as per his Evaluation Report dated October 19, 2001, a true copy of which is attached hereto and made a part hereof, marked Exhibit "A". 5. Admitted. Admitted that Wife intends to return to and to occupy the marital residence. Specifically denied that her return is contrary to the Order, for the reasons set forth in Paragraphs 2, 3 and 4, above, the averments of which are incorporated herein and made a part hereof by reference thereto. 7. Specifically denied. Plaintiff/Husband has not tendered to Wife the sum of $10,000.00. Instead, Plaintiff/Husband demands, as a condition of such payment, that Defendant/Wife must relinquish all right, title and interest in and to the marital residence, including rights of equitable distribution with respect thereto, which condition violates the said Order. 8. Denied as stated. Defendant/Wife is a recovering alcoholic who is in out-patient treatment for her addiction and she believes and therefore avers that Plaintiff/Husband remains an alcoholic in denial, so that his being alone around the children is inimical to their best interests and welfare. requests your Honorable Court to WHEREFORE, Defendant/Wife dismiss the Petition. Date: December f~ , 2001 Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Defendant VERIFICATION I verify that the statements made in this Answer to Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to uns~,Q~ falsification. Date: December // , 2001 ~~ .~_~/.z<~_~ ' Cheryl. Purcell :ZS/22/2~FJ] ii:sS 7172389288 STERN ~ WEIt,ITRAUB EVALUATION I: PORT Gaude=zia West Shor~ Outpatieut Program DE.NZIA DOB; ~,-- Assesa~t of the ~t'orrnatloa oron'teadat½o n t'br ~ tbtcomme, rxlalioa for kitc~We outpatient cou~eling · R.¢cortuncndntion ~ot ~ticn~ ~t~a~nt ~ 28,30~ya ~ Lo~ ,,. ~cco~n~bn for rc~al lot ~c~ outside the d~othc~ 2, C~ent h~ not coo~t~ ~ t~.~val~on process .... 3,: C~cnt w~ d~F~ged on __ ~ ~h thc ~g ~atuS: 4, ~ Cheat ~ a~tt~d on , Comments: ~ - Ccu~elo~igaat~ Date EXHIBIT "A" CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Answer to Petition for Special Relief was served upon the Plaintiff herein, or his attorney, on December /~, 2001, by depositing same in the mail at the United States Post Office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as follows: Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 Marlin R. McCaleb LAW OFFICE5 MARLIN R McCALEB WILLIAM C. PURCELL V. CHERYL J. PURCELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5298 CIVIL TERM ORDER OF COURT AND NOW, this 13TM day of DECEMBER, 2001, a Rule is issued upon Defendant to Show Cause Why the Petition for Special Relief should not be granted. Rule returnable Wednesda¥~ January 9~ 2001~ at 1:00 p.m. in Courtroom # 5 of the Cumberland County Courthouse. Edward J. Weintraub, Esquire . _. For the Plaintiff ~D0~Lt'B Ff~°ct'z'~°~l' 7-01 M lin McC ]e , squke For ~e Defend~t Edward E. Guido, J. :sld WILLIAM C. PURCELL Plaintiff/Respondent ¥8. CHERYL j. PURCELL Defendant/Petitioner DR 31146 PACSES ID 212103957 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNsYLVANIA : DOMESTIC RELATIONs SECTION : CIVIL ACTION - LAW : : NO. 2001-B298 CIVIL TERM ORDER OF COURT AND NOW, this 15t~ day of January, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,113.01 . and Respondent's monthly net income/earmng capacity is $4,392.86, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $970.00 per month payable bi~weekly as fullows~ $447.69 bi- weekly for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $970.00 as of Sanuary 15, 2002. The effective date of the order isJanuary 10, 200. This order is based upon rule 1910.16-4(e). Husband has the care and custody of the parties' two children. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Cheryl J. Purcell. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Respondent to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on 1-15-02 to: < Petitioner Respondent Marlin McCaleb, Esquire Edward Weintraub, Esquire BY THE COURT, Edward E. Guido J. ORDER/NOTICE TO WITHHOLD InCOme FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of C"t.IMSE~'..~,~ /3/.~?S-~' o~/~2/~)~, _5-/ Date of OrdedNotice o~ /~5 /o2 ~ ~// ~ Cou~C~e Number (S~ Addendum for c~e summary) (~) Original Order/Notice O A~ended Order/Notice O Terrninate Order/Notice Employer/Withholder's Federal EIN Number OASIS TELECOM Employer/Withholder's Name PO BOX 1985 EmployerANithholder's Address EOZ~MAN MT 59771-1985 RE: PURCELL, WILLIAM C. Employee/Obligor's Name (Last, First, MI) 188-50-7028 Employee/Obtigor's Social Secudty Number 06131008'72 Employee/Obligor's Case Identifier (See Adde.dum for pla~.~ .~mes associated wltb cases o~ affad~men~ Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUPmERL~U~D County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 97o. oo per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ~) no $ o. oo per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ g?o. 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 223.85 per weekly pay period. $ ~,49.69 per biweekly pay period (every two weeks). $ 485. oo per semimonthly pay period (twice a month). $ 9?0. oo per monthly pay period. REMITTANCE INFORMATION: YOU must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See ~ on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg~ Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/ObliBor'$ Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: Service Type M Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect p~ease contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from mom than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ~=r ........................ ~ ........................................................... ~,,,~ ......~es. You must comply with the law of the statue of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 8358~.0003.8 EMPLOYEE'S/OBLIGOR'S NAME: PT..I~.CElr,L, WILLIAM C. EMPLOYEE'S CASE IDENTIFIER: 0~:L3-~.00872 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld fi.om the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor fi.om employment, refusing to employ, or taking disciplinary action against any employee/obligor because ora support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 170'13 If you or your employee/obligor have any questions, contact WAGE ATrACHMENT UNIT by telephone at (717) 240-6225 by FAX at ~ or by Internet @ or Page 2 of 2 OMB NO.; 0970-0154 Form EN-028 Service Type M Worker ID $?ATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PURCELL, WILLIAM C. PACSES Case Number 212103957/~//~ Plaintiff Name Docket Attachment Amount 01-$39S CTVIn$ 970.00 Child(ren)'s Name(s): DOg PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(renYs Name(s): DOB I--Imf checked, you are required to enroll the child(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket. Attachment Amount $ o.oo Child(ren)'s Name(s): DOB []If checked, you are required to enroll the child(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.0o Child(mn)'s Name(s): DOB []If checked, you are required t~ enroll the child(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(mn)'s Name(s): DOB [] ff checked, you are required to enroll the child(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): i li!iiiiiiiiiiii!i!iii!i!i!iii!i!i~i!i!iii~i!i!iii!i~!~!~i~i~!~i~i~!i!~~~!i!~!~!~!i!~!~!i!~ii!i!i~i!i!i~i!i!i~i~iii~i~i~i~iiiii~iii~i~ii!~iiii!iii!i!i!iii!i!i!i!i!i~i!i!i!i!i!!~!~iii~!i!!!i!~ii!i!~~~!i!i!i!i!i!i~iii~i~iiiiiii~iiii [] If checked, you are required to enroll the child(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No,: 0970-0154 Form EN-028 Service Type M Worker ID $IATT MARLIN R. McCALEB WILLIAM C, PURCELL, Plaintiff vs. CHERYL J. PURCELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5298 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE INVENTORY AND APPRAISEMENT O__F CHERYL J. PURCELL Cheryl J. Purcell, Defendant, files the following inventory and appraisement 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. Cheryl J. Purcell, Defendant, verifies that the statements made in this inventory and appraisement are true and correct. Cheryl J. Purcell, Defendant, understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Cheryl J~/Purcell, Defendant ASSETS OF PARTIR~ Cheryl J. Purcell, Defendant, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. X) 1. Real property X) 2. Motor vehicles X) 3. Stocks, bonds, securities and options ) 4. Certificates of deposit X) 5. Checking accounts, cash X) 6. Savings accounts, money market and savings certificates ) 7. Contents of safe deposit boxes ) 8. Trusts ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ) 10. Annuities ) 11. Gifts ) 12. Inheritances ) 13. Patents, copyrights, inventions, royalties ) 14. Personal property outside the home X) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ) 16. Employment termination benefits - severance pay, workman's compensation claim/award X) 17. Profit sharing plans ) 18. Pension plans (indicate employee contribution and date plan vests) X) 19. Retirement plans, Individual Retirement Accounts ) 20. Disability payments ) 21. Litigation claims (matured and unmatured) ) 22. Military/V.A. benefits ) 23. Education benefits ) 24. Debts due, including loans, mortgages held X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ) 26. Other F~%RITAL PROPERTY Cheryl J. Purcell, Defendant, 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 Property Ail Owners House and Lot at 431 Pawnee Drive, Hampden Twp., Cumberland Co. William C. Purcell & Cheryl J. Purcell House and Lot at 609 Good Hope Road, Hampden Twp., Cumberland Co. William C. Purcell & Cheryl J· Purcell 2. A. 2002 Chev. Tahoe SUV William C. Purcell B. 1991 Dodge Ram Van William C. Purcell & Cheryl J. Purcell C· 1988 Saab 9000 Turbo William C. Purcell & Cheryl J. Purcell D. Pontoon Boat (20 ft.) William C. Purcell & Cheryl J. Purcell 3. Acct. #859-01929, Salomon William C. Purcell Smith Barney 5. A. Checking Account, Commerce Cheryl J. Purcell Bank 15. 17. 19. Checking Account, Commerce William C. Purcell Bank C. Checking Account, Commerce William C. Purcell Bank Savings Account, Commerce Bank Cheryl J. Purcell 5% ownership, Oasis Telecom William C. Purcell Profit-Sharing Plan, Oasis William C. Purcell Telecom A. IRA Acct. #859-63887, William C. Salomon Smith Barney B. Highmark Investment Plan Cheryl J. Purcell Purcell MARITAL PROPERTY (continued) Item Number 25. Description of Property Names of Ail Owners Household goods, contents, William C. Purcell furniture and furnishings & Cheryl J. Purcell NON-MARITAL PROPERTY Cheryl J. Purcell, Defendant, lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion 25. A. 3-pc. oak mantelpiece Acquired by Cheryl J. Purcell before marriage Bo Bedroom suite Acquired by Cheryl J. Purcell as gift from her mother 0 0 0 N ~-I 0 00~ O 0 O~ o 0 ~J ~ 0 r~ 0 ~ r~ ~ 0 '~ o CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Inventory and Appraisement of Cheryl J. Purcell was served upon the Plaintiff herein, or his attorney, on January ~ , 2002, by depositing same in the mail at the United States Post Office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as follows: Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 Marlin R. McCaleb MARLIN R. McCALEB WILLIAM C. pURCELL, VS. CHERYLJ. PURCELL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW CUSTODY Guido, J.- :TL.F.._~poRARY ORDER OF COURT 0~k' a of January, 2002, upon consideration of the AND NOW, this . ~- - --:'od.-Y~nrf ' 's hereb ordered and directed as follows. attached Custody uoncl ut u, ' ' ve rimary legal custody of the minor children, ~ ~ o~1 ~ustod~ Father shall ha P _ ,, L_.. n,,cember 23, 1991. On all · . - .: ..... ,~ ~ ~on9 and Carl i-,urcell, uu~ Nikkole Purcell born ~eptemo~ ~,, --'" major decisions affecting the welfare of the Children's general well being including but not limited to all decisions regarding their health, education and religion, the Father, William C. Purcell, shall first consult with the Mother, Cheryl J. Purcell, to determine if a mutually agreed upon course of action can be followed. If an agreement cannot be reached Father shall bear the ultimate responsibility for making the appropriate decision under the circumstances. In emergency decisions, the parent having physical custody of the Children at the time shall take all action necessary for the welfare of the Child without the need to consult the other parent prior to taking such action. Upon taking the appropriate emergency action, the custodial parent shall immediately contact the non-custodial parent and advise of the action taken. Pursuant to the terms of 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. 2. ~L~I~. Father shall have primary physical custody. Mother shall have unsupervised periods of partial custody as follows: A. On alternate Saturdays or Sundays from 1:00 p.m. until 6:00 p.m. These weekend blocks of custody shall be effective with the weekend commencing January 19, 2002. B. A two-hour midweek visit on a day mutually agreed upon by the parties. , lan which provides for the Mother to have unsupervised 3. A portion of the custod, y P.. ....., ..... h,~ continued enrollment and contact with the minor Children snail De contlng~ up,,,,, ,,.r participation in chemical dependency treatment with Gaudenzia or another comparable program. It shall be permissible for Father to provide a report to Mother's treatment provider or certified addictions counselor regarding his observations of her behavior and drinking episodes which he has observed. It is expected that Mother shall follow the treatment plan as No. 01-5298 - Civil Term by Gaudenzia and any subsequent treatment provider, which recommendations may meetings. required include therapeutic services, abstinence, and attendance at twelve~step AdditionallY, the Children shall participate in outpatient therapy with Anthea Stebbins. The parties shall also participate in theraPY with the Children if requested by Ms. Stebbins. · . hall reconvene at the office of the ~. Th. Cu.tody ¢.o. nc'"..'~?°J~:;".Tu~;., 2~' s..a',,*"'nu" Sulto ~0~, Cam" Custody Conciliator, Mellssa ruu. ,., .... ,, q Hill, PA 17011, on Tuesday, March 12, 2002, at t:00 p.m. BY THE CouRT, Edward E. Guido, J. n R McCa eb Es~utm, P%~=n. Third Street, Ha~sburg, PA 17110 ~ WILLIAM C. PURCELL, VS. CHERYLJ. PURCELL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW CUSTODY -CQ_U ST DOO_y_~NCI~./I~ATI N~MMA~P ORT- 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 subiect of this litigation is as follows: NNNNNNNNN. N~M E _CURRENTLY LN CUSTOD¥~-E Nikkole Purcell September 21, 1989 Father December 23, 1991 Father Carl Purcell · · ference was held on January 14, 2002, with the A Custody Concihatlon C.o.n .... '^';";'-m C Purcell, and his counsel, Edward J. 2. individuals in attendance: tne I-a~ne[, vv,,,,o · following Weintraub, Esquire; the Mother, Cheryl J. Purcell, and her counsel, Marlin R. McCaleb, Esquire. 3. The parties reached an agreement as to physical custody in the form of a Temporary Order a~ attached, e on leoa custody. Father would like to have sole legal 4. The partle, s .d? not ag_r,e,,.A T~,;,,orarv Order pending the reconvening of the custody for the initial s~xty ~ays o~ t,~ -~,,,~- ., Custody Conciliation Conference and a report from Mother's treatment provider. It is Father's position that because Mother has completed an alcohol dependency rehabilitation program and had a relapse as recently as last week and because she has not been attending treatment or AA meetings since that relapse, she is not in the best position to be making decisions with regard to the welfare of the Children. He would be willing to revisit the issue of legal custody at such time that Mother demonstrates an ongoing commitment to treatment and to sobriety as verified by the treatment provider. Father would also be willing to continue to consult with and discuss legal custody issues with Mother during that period of time in which he would have sole custody were the Court to so rule. No. 01-5298 - Civil Term 5. Mother's position on legal custody is that she is unwilling to agree to anything other than shared legal custody at this time. Therefore, the Conciliator will provide the Court with two Orders, one which will provide shared legal custody, and one which would provide primary legal custody in Father, and a requirement that he would consult and discuss legal custody issues with Mother and that, in the event that the two would not agree, Father would retain final decision making authority. This Order would be effective for the period of time until the next Custody Conciliation Conference and pending a positive report from Mother's treatment provider that she is compliant with all recommended treatment and twelve-step meetings. _ _ ~el{~sa Peel Greevy, Esqui~ Date Custody Conciliator ~PR ~ $ 2002 WILLIAM C. PURCELL, Plaintiff V. CHERYL J. PURCELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this ~ day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, William C. Purcell and Cheryl J. Purcell, shall have shared legal custody of the minor children, Nikkole Purcell, born September 21, 1989, and Carl Purcell, born December 23, 1991. 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Father shall have primary physical custody. Mother shall have periods of partial physical custody as follows: A. Effective April 26, 2002, on alternate weekends from Friday at 9:00 p.m. until Sunday at 7:00 p.m. during the school year. During the summer school recess, the custodial period for Mother's weekend shall be extended until 9:00 p.m. on Sunday, prevailing time. B. Mid-week visits as mutually agreed by the parties. C. Additional periods of custody upon the occasions when the Father is out of town. 3. To the extent that the custodial plan provides for Mother to have unsupervised periods of partial custody shall be contingent upon her continued participation and enrollment and chemical dependency treatment at Gaudenzia or other comparable program. It shall be permissible for Father to provide a report to Mother's treatment provider or certified addictions counselor regarding his observations of her behavior or any drinking episodes which he may observe. It is expected that Mother shall follow the treatment plan as required by Gaudenzia and any subsequent treatment provider, which recommendations may include therapeutic services, abstinence, and attendance at 12 Step meetings. It is contemplated by the parties that Mother will graduate from the intensive outpatient program on April 18, 2002. Following that, the outpatient treatment recommended, as it is understood by the parties, is as follows: (1) one to two sessions per week of individual therapy, (2) an average of three meeting a week of AAA/NN12 Step Program attendance. 4. Mother shall arrange for progress reports to be provided to her counsel each six (6) weeks to include the monitoring of her attendance at 12 Step meetings three (3) times per week. It shall be acceptable for the reports to take the format of the report issues most recently for the period of March 21, 2002 through April 9, 2002. Counsel for Mother will forward the progress report to counsel for Father. It is expected that Mother's outpatient care will continue for a period of three (3) to six (6) months. Edward E. Guido, J. Dist: EdwardJ. Weintraub, Esquire, 2650 North Third Street, Hardsburg, PA 17110 ~ r.~.~o_~ ~./~ 0.~. Marlin R. McCaleb, Esquire, PO Box 230, Mechanicsburg, PA 17055 ~ ~'5. ~. WILLIAM C. PURCELL, Plaintiff CHERYL J. PURCELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 child who is the subject of this litigation is as follows: NAME Nikkole Purcell Carl Purcell DATE OF BIRTH September 21, 1989 December 23, 1991 CURRENTLY IN THE CUSTODY OF Father Father 2. A Custody Conciliation Conference was held on April 16, 2002 with the following individuals in attendance: the Father, William C. Purcell and his counsel, Edward J. Weintraub, Esquire; the Mother, Cheryl J. Purcell and her counsel, Marlin R. McCaleb, Esquire. The conference was held as a follow up pursuant to mutual agreement of the parties and counsel. 3. Based on significant improvement, Mother's continued treatment and her sobriety, the parties reached an agreement in the form of an Ord~,s.~ttached. Date ' - ( rvl~lissa ~'eel Greevy, ~.squi/e 'Custody Conciliator / :157421 William C. Purcell, VS. Cheryl J. Purcell, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 William C. Purcell, VS. Cheryl J. Purcell, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW IN DIVORCE Amended and Restated COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is William C. Purcell, who currently resides at 431 Pawnee Drive, Mechanicsburg, PA 17050. 2. Defendant is Cheryl J. Purcell, who currently resides at 408 Brandy Lane, Mechanicsburg, PA 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on September 13, 1986. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are two (2) children of the parties under the age of eighteen: Nikkole Purcell, born September 21, 1989 and Carl Purcell, born December 23, 1991. COUNT I. REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(b) OF THE DIVORCE CODE thereto. 10. The prior paragraphs of this Complaint are incorporated herein by reference Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive as defined by §3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divome pursuant to Section 3301(a)(b) of the Divorce Code. 12. thereto. 13. 14. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. 15. thereto. 16. 17. COUNT III. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the Parties is irretrievably broken. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT IV. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference 18. thereto. 19. reside with Plaintiff and Defendant: The parties are the parents of the following unemancipated children who NAME AGE SEX DATE OF BIRTH Nikkole Purcell 13 F 9/21/89 Carl Purcell 10 M 12/23/91 20. the addresses herein indicated. FROM TO 5~2000 Present During the past five years, the children have resided with the parties and at WITH WHOM Parents 1996 5/2000 Parents 431 Pawnee Drive Mechanicsburg, PA 609 Good Hope Road Mechanicsburg, PA 21. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 22. There are no other proceedings pending involving custody of the children in this or any other state. 23. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 24. The best interests of the children will be served if sole legal and primary physical custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the children in Plaintiff. 25. thereto. COUNT V. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference 26. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 27. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 28. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: Respectfully submitted: JENh IFER L. FRECHETTE, ESQUIRE 2650 ~lorth Third Street Harrisburg, PA 17110 (717) 238-2200 ID #87445 ATTORNEY FOR PLAINTIFF VERIFICATION I, William C. Purcell, hereby swear and affirm that the facts contained in the foregoing Amended and Restated Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: William C.-Pu~C~I, Plaintiff William C. Purcell, Plaintiff VS. . Cheryl J. Purcell, . Defendant · * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTYPENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on October 7, 2002, I served a true and correct copy of the Amended and Restated Divorce Complaint, Motion to Appoint the Master and Order of Court assignment Master upon Marlin McCaleb, Esquire, Counsel for Defendant, by depositing same, postage pre- paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Marlin McCaleb, Esquire 2 ! 9 East Main Street Mechanicsburg, PA 17055 is Ii. t et-,man- - - ' -- MARLIN R. McCALEB WILLIAM C. PURCELL, Plaintiff vs. CHERYL J. PURCELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNS~ : : NO. 01-5298 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR RULE TO FILE BTSL OF PARTICUL~W~ TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 1920.21(a), please enter a Rule as of course upon the Plaintiff herein, William C. Purcell, to file a Bill of Particulars with regard to Count I of the Amended and Restated Complaint within twenty (20) days after service of this Rule or suffer ju~ent of~-~s/~_ Date: October /~' , 2002 Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, PA 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Defendant RULE And now, this j~ day of October, 2002, a Rule is entered on WILLIAM C. PURCELL, the Plaintiff herein, to file a Bill of Particulars with regard to Count I of the Amended and Restated Complaint within twenty (20) days after service of this Rule or suffer judgment of no~~ / Pro~n6t ary~ LAW OFFICES IARLIN R. McCALEB ~ERTIFICATE OF SERVICF I hereby certify that a true and correct copy of the within Praecipe for Rule to File Bill of Particulars of Cheryl J. Purcell was served upon the Plaintiff herein, or his attorney, on October /7 , 2002, by depositing same in the mail at the United States Post Office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as follows: Jennifer L. Frechette, Esquire 2650 North Third Street Harrisburg, PA 17110 Marlin R. McCaleb -2- WILLIAM C. PURCELL, PLAINTIFF VS. CHERYL J. PURCELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW CUSTODY PETITION FOR EMERGENCY SPECIAL RELIEF the children. 3. AND NOW, comes Plaintiff/Petitioner, William C. Purcell, by and through his attorneys, Edward J. Weintraub and Associates, and files the within Petition for Emergency Special Relief in Custody and in support thereof avers as follows: 1. Plaintiff/Petitioner is the Father of the two (2) minor children, Nikkole "Nikki" Purcell, age 13, born September 21, 1989, and Carl Purcell, age 10, born December 23, 1991. Defendant/Respondent, Cheryl L. Purcell, is the natural Mother of Since the parties separated in January 2002, Father has had primary physical custody of the parties minor children, pursuant to a Temporary Order of Custody entered January 30, 2002, and the most recent Order of this Court entered April 29, 2002, copies of both Orders being collectively attached hereto as Exhibit "A." 4. Respondent/Mother is an acknowledged alcoholic in need of a structured program of recovery from her chemical dependency. 5. The prior Orders of this Court have sought to encourage Mother's recovery from alcoholism and to protect the children until Mother is capable of parenting them in an appropriate manner. 6. Contrary to the Orders of this Court, Mother has failed to maintain her abstinence and sobriety and has not followed the treatment recommendations necessary for recovery from her alcoholism. 7. On or about Friday, October 18, 2002, when Father delivered partial custody of the children to Mother, he observed that Mother appeared to have been consuming alcoholic beverages. Nevertheless, he delivered partial physical custody of the minor children to Mother at her residence. 8. Shortly thereafter, Father received a frantic call from Nikki indicating that Mother was drinking vodka, verbally abusing the children, and behaving in an extremely erratic matter. Nikki asked that Father terminate the partial physical custody and pick her up at the earliest possible time. 9. The minor child Carl, indicated a desire to continue in Mother's partial phYsical custody on the evening of Friday, October 18, 2002. 10. Carl borrowed and put on some female clothing to impersonate the rock singers The Dixie Chicks, for a Halloween party in which he expected to participate on Saturday. 11. Respondent/Mother observing her son, Carl, in this costume verbally abused and ridiculed him and proceeded to expose her breasts to her son and behaved in a lewd and inappropriate manner, causing emotional upset to the minor child. 12. Nikki has subsequently indicated to Father a fear and concern about continuing periods of unsupervised partial custody with Respondent/Mother. 13. Although Carl desires to continue to see Mother, Father believes and therefore avers that mother's visits with Carl should be supervised as well. 14. Due to Mother's prior behavior associated with alcohol, both children have been receiving psychological counseling. 15. Father believes and therefore avers that both children will be irreparably harmed if unsupervised visits with Mother continue prior to her reestablishing her abstinence from alcohol and reentering a structured program for alcoholism recovery. WHEREFORE, Petitioner/Father requests a Temporary Emergency Order suspending this Court's Order of April 29, 2002, referring the matter for another Custody Conciliation Conference and for a comprehensive Custody Evaluation, with Mother to have only strictly supervised visitation with the minor children, pending further Order of the Court. Res~ubmitted, Edward J. Weintr'~ub, Esquire 2650 North Third Street Harrisburg, PA 17110 Attorney Id. #17441 (717) 238-2200 ATTORNEY FOR PLAINTIFF VERIFICATION I, William C. Purcell, hereby swear and affirm that the facts contained in the foregoing Petition for Emergency Special Relief are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: William C. Purcell, F)laintiff EXHIBIT "A" "~a'L~'tt -i i~ r,~ CUMBERLAND COUNTY, PENNSYLVANIA vs. ~NO. 01-5298 CHERYL J. PURCELL, ~'"~VoIvIL ACTION-LAW Defendant : CUSTODY Guido, J.- TEMPORARY ORDER OF COURT AND NOW, this ~ ~) ~ day of January, 2002, upon consideration of the attached C..,ustOdy Conciliation Summary Report, it is hereby ordered and directed as follows: 1..L.e,g_QLCust~. Father shall have primary legal custody of the minor children, Nikkole Purcell born September 2,1 1989 and Carl Purcell, born December 23, 1991. On all major decisions affecting the welfare of the Children's general well being including but not limited to all decisions regarding their health, education and religion, the Father, William C. Purcell, shall first consult with the Mother, CheryI j. Purcell, to determine ifa matually agreed upon course of action can be follOWed. If an agreemeht cannot be reached Father shall bear the ultimate responsibility for making the appropriate decisiOn Under the circumstances. In emergenCy decisions, theParent having PhySiCallcustodY of the Children at th'e .tim® Shall take all action necessary for the Welfare'of the Child withOut the need to cOnsUlt theOther parent prior to taking such action. Upon taking the appropriate emergency action, the custodial parent shall immediately contact the non-custodial parent and advise of the action taken. Pursuant to the terms of 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. 2. P-~LY~~. Father shall have primary physical custody. Mother shall have unsupervised periods of partial custody as follows: A. On alternate Saturdays or Sundays from 1:00 p.m. until 6:00 p.m. These weekend blocks of custody shall be effective with the weekend commencing January 19, 2002. B. A two-hour midweek visit on a day mutually agreed upon by the parties. 3. A portion of the custody plan which provides for the MOther to have unsupervised contact with the minor Children shall be contingent upon her continued enrollment and . Participation in chemical dependency treatment With Gaudenzia or another'COmparable program. ~lt shall be permissible for Father to prOVide a report to Mother's treatment provider or certified addictions counselOr regarding his ObServatiOns of her behavior and drinking ~ episodes which he has observed, It is expected that Mother Shall follow the treatment plan as No. 0'1-5298 - Civil Term required by Gaudenzia and any subsequent treatment provider, which recommendations may include therapeutic services, abstinence, and attendance at twelve~step meetings. Additionally, the Children shall participate in outpatient therapy with Anthea' Stebbins. The parties shall also participate in therapy with the Children if requested by Ms. Stebbins. 4. The Custody Conciliation Conference shall reconvene at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 214 Senate Avenue, Suite 10S, Camp Hill, PA '17011, on Tuesday, March 12, 2002, at l:00 p.m. Dist: BY THE COURT, Edward E. Guido, J. Marlin R. McCaleb, Esquire, PO Box 230, Mechanicsburg, PA 17055 Edward J. Weintraub, Esquire, 2650 N. Third Street, Harrisburg, PA 17110 TRUE COPY FROM RECORD In Testimony whereof, ?here unto set my hand and the seal of said C~rt at Carlisle~a. '" em~ --/--Og ' WILLIAM C. PURCELL, VS, CHERYL J. PURCELL, Plaintiff : .. .- Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW CUSTODY 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 th is litigation is as follows: Nikkole Purcell Carl Purcell September 21, 1989 December 23, 1991 CURRENTLY IN CUSTODy OF Father Father 2. A Custody Conciliation Conference was held on January 14, 2002, with the following individuals in attendance: the Father, William C. Purcell, and his counsel, Edward J. Weintraub, Esquire; the Mother, Cheryl J. Purcell, and her counsel, Marlin R. McCaleD, Esquire. 3. The parties reached an agreement as to physical custody in the form of a Temporary Order as attached. 4. The parties did not agree on legal custody. Father would like to have sole legal custody for the initial sixty days of the Temporary Order pending the reconvening of the Custody Conciliation Conference and a report from Mother's treatment providerl It is Father's position that because Mother has completed an alcohol dependency rehabilitation program and had a relapse as recently as last week and because she has not been attending treatment or AA meetings since that relapse, she is not in the best position to be making decisions with regard to the welfare of the Children. He would be willing to revisit the issue of legal custody at such time that Mother demonstrates an ongoing commitment to treatment and to sobriety as verified by the treatment provider. Father would also be willing to continue to consult with and discuss legal custody issues with Mother during that period of time in which he would have sole custody were the Court to so rule. No. 01-5298 - Civil Term 5. Mother's position on legal custody is that she is unwilling to agree to anything other than shared legal custody at this time. ~ Therefore, the Conciliator will provide the Court.with two Orders, one which will provide shared legal custody, and one which would provide primary legal custody in Father, and a requirement that he would consult and discuss legal custody issues with Mother and that, in the event that the two would not agree, Father would retain final decision making authority. This Order would be effective for the period of time until the next Custody Conciliation Conference and pending a positive report from Mother's treatment provider that she is compliant with all recommended treatment and twelve-step meetings. Date Melissa Peel Greevy, Esqui~ Custody Conciliator CHERYL J. PURCELL, Defendant  IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL TERM i CIVIL ACTION - LAW · IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this _~,~t~__ day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, William C. Purcell and Cheryl J. Purcell, shall have shared legal custody of the minor children, Nikkole Purcell, born September 21, 1989, and Carl Purcell, born December 23, 1991. 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody· Father shall have primary physical custody· Mother shall have periods of partial physical custody as follows: ~ A. Effective April 26, 2002, on alternate weekends from Friday at 9:00 p·m. until Sunday at 7:00 p.m. during the school year. 'During the summer school recess, the custodial period for Mother's weekend shall be extended until 9:00 p.m. on Sunday, prevailing time. B. Mid-week visits as mutually agreed by the parties. C. Additional periods of custody upon the occasions when the Father is out of town. 3. To the extent that the custodial plan provides for Mother to have unsupervised periods of partial custody shall be contingent upon her continued participation and enrollment and chemical dependency treatment at Gaudenzia or other comparable program. It shall be permissible for Father to provide a report to Mother's treatment provider or certified addictions counselor regarding his observations of her behavior or any drinking episodes which he may observe. It is expected that Mother shall follow the treatment plan as required by Gaudenzia an(J any subsequent treatment provider, which recommendations may include therapeutic services, abstinence, and attendance at 12 Step meetings. It is contemplated by the parties that Mother will graduate from the intensive outpatient program on April 18, 2002. Following that, the outpatient treatment recommended, as it is understood by the parties, is as follows: (1) one to two sessions per week of individual therapy, (2) an average of three meeting a week of AAA/NN12 Step Program attendance. 4. Mother shall arrange for progress reports to be provided to her counsel each six (6) weeks to include the monitoring of her attendance at 12 Step meetings three (3) times per week. It shall be acceptable for the reports to take the format of the report issues most recently for the period of March 21, 2002 through April 9, 2002. Counsel for Mother will forward the progress report to counsel for Father. It is expected that Mother's outpatient care will continue for a period of three (3) to six (6) months. BY THE C~ Edward El Guido, J. Dist: Edward J. Weintraub, Esquire, 2650 North Third Street, Harrisburg, PA 17110 Marlin R. McCaleb, Esquire, PO Box 230, Mechanicsburg, PA 17055 TRUE COPY FROM RECORU m Testimony whereof, I here unto set my han~ and the ?l~r~ol said Court at ~Misi~, P~. WILLIAM C. PURCELL, Plaintiff V. CHERYL J. PURCELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY : 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Nikkole Purcell September 21, 1989 Father Carl Purcell December 23, 1991 Father CURRENTLY IN THE CUSTODY OF 2. A Custody Conciliation Conference was held on April 16, 2002 with the following individuals in attendance: the Father, William C. Purcell and his counsel, Edward J. Weintraub, Esquire; the Mother, Cheryl J. Purcell and her counsel, Marlin R. McCaleb, Esquire. The conference was held as a follow up pursuant to mutual agreement of the parties and counsel. 3. Based on significant improvement, Mother's continued treatment and her sobriety, the parties reached an agreement in the form of an Or~_~ttached. Date ' ' {._~ 'ssa Peel Greevy, Esqui/e '~;ustody Conciliator / :157421 LAW OFFICES MARLIN R McCALEI~ WILLIAM C. PURCELL, Plaintiff vs. CHERYL J. PURCELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CON~EI~r 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 10, 2001, and served on me by certified mail on or about September 18, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania or any other state or country. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Cheryl J.~ur~ell, Defendant Z~ LAW OFFICES MARLIN R MCCALEB WILLIAM C. PURCELL, Plaintiff vs. CHERYL J. PURCELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5298 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE COD~ 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section §4904, relating to unsworn falsification to authorities. Che?yl ~F. Purcell, Defendant William C. Purcell, . Plaintiff * VS. * Cheryl J. Purcell, · Defendant * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTYPENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Sharon Reisinger, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on October 23, 2002, I served a true and correct copy of the Petition for Emergency Special Relief upon Marlin McCaleb, Esquire, Counsel for Defendant, by depositing same, postage pm-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Marlin McCaleb, Esquire 219 East Main Street Mechanicsburg, PA 17055 Date: Sharon Reisinge~%~-x'~ William C. Purcell VS. Cheryl J. Purcell, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5298 CIVIL ACTION - LAW CUSTODY ORDER '~l~day of ~ · AND NOW, this ,2002, upon consideration of the within Petition for Emergency Special Relief, this Court's Order of April 29, 2002, is hereby SUSPENDED and Respondent/Mother Cheryl J. Purcell, shall have supervised visitation only with the minor children, Nikkole Purcell and Carl Purcell, by a supervisor acceptable to Petitioner/Father at a location also acceptable to him, until further Order of Court. BY THE COURT: William C. Purcell, VS. Cheryl J. Purcell, Plaintiff Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTYPENNSYLVANIA * NO. 01-5298 * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on October 30, 2002, I served a true and correct copy of the Order regarding the Petition for Emergency Special Relief upon Marlin McCaleb, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Marlin McCaleb, Esquire 219 East Main Street Mechanicsburg, PA 17055 fVlls~ D. Ldhr~an WILLIAM C. PURCELL, Plaintiff CHERYL J. PURCELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND CC,lINTY, PENNSYLVANIA 01-5298 CIVIL. TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 18th day of November, 2002, after hearing, all prior custody orders are vacated and replaced with the following: 1. Leqal Custody. The parties, Wil][iam C. Purcell and Cheryl J. Purcell, shall have shared legal custody of the minor children, Nikkole Purcell, born September 21, 1989, and Carl Purcell, born December 23, 1991. 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 Pa.C.S. Section 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Father shall ihave primary physical custody of the children. Mother shall have periods of partial physical custody as follows: A. Each Wednesday from after school until 8:00 p.m. B. Every other Sunday from 8:30 a.m. until 8:00 p.m. C. Such other times as the parties agree. Provided, however, that under no circumstances may Mother exercise visitation if she has been drinking. A mutually agreeable third party shall be present at the outset of visitation to confirm that Mother is sober. 3. Mother may visit with the children at school at any time so long as permitted under the rules or policy of the school. 4. Neither party shall have any alcoholic beverages in their home nor shall either party drink while the children are in said party's custody. 5. Mother and daughter are directed to engage in counseling to repair their relationship. Said counseling to begin after Mother has maintained 30 days of sobriety. We will reevaluate this order as soon as Mother can establish that she has maintained at least 60 days of sobriety. By the Edward E. Guido, J. /Jennifer L. Frechette, Esquire Attorney for Plaintiff Marlin R. McCaleb, Esquire /Attorney for' Defendant srs - I1' .'%0-02 the Court of Common Pleas of Phone: County, Pennsylvania Fax: Plaintiff Name: Defendant Name: Docket Number: ~9/- 5'2 q? PACSES Case Number: Other State ID Number: Please note: All corru'~pondmce must include the P,tCSF_..~; C.aqe Number. .Income and Expense Stateme~ THIS FORM MusT BE FILLED OUT (!f you are self-emplOyed or if you are salaried by a business of which you are owner in whole or part. you must also till out the Supplemental Income Statement which appears o,t the last page of this income and expeme staterllent. ) INCOME STATEMENT OF William Purcell I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to file criminal penalties of I$ Pa. C.S. ~ 4904. relatin,, to unsworn falsification to authorities. - · Da~e~ naint~ fr or Defend.~ t '~~ E~COME: Employer Oasis Telecom Address 321 East Maint St., Bozeman, MT Type of Work Telecommunications Payroll No. __Gross Pay per Pay Period $ 2,492.80 hendzed Payroll Deductiotts: Federal WitM:olding State Income Tax Credit Urdon Other Deductions (speci fy) $333.2 $90.42 $ Social Security Retirement Lite lnsural<e Pay Period (wkly.. bi-wkly., etc:) .bi-weekly Net Pay per Pay Period $ 1., 729.56/bi-weekly or $3,747.38/month Service Type Furm IN-O08 Worker It) Incom¢'and Expense Statemen! PACSES Case Number OTHER (Fill in Appropriate Column) INCOM£ ~,'~EE K MONTH YEA R Interc.~ $ $ $ Dividends Azmuit:y Social $¢curizy Rents ~ 800 Royalties Expense Account -- -- Gifts Unemployment ~ Compensatio~ Workmen's Compensation IRS Re f~nd Other Other TOTAL $ $ 8 00 $ TOTAL INCOM]~ $ 4,547.38' EXPENSES ~'~WE (Fill in Appropriate Colunm) EK MONTH Home Mortgage/Rent Maintenance Utilities Electric Gas Oil Telephone 1162 20 250 65 YEAR Page 2 of 6 Service Type Form IN-008 Worker ID PACSES Case Number EXPENSES (continued) Sewer Employment Public Trat~portation Lunch Wa.xes Real Estate Personal Property [ncorlle Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Or~hod.ntist $ $ WEEK $ (Fill in Appropriate Columu) MONTH $ 35 85 3 100 85, $ 349 (Personal Use $ 50 YEAR !$Vehicle) Page 3 of 6 F.rm IN-008 Se~'icc Type W.rker ID P^CSES Case Number EXPENSES {continued) Hospital Medic/ne Special needs (glasses. braces, orthopedic devices) Education Private School Parochial School College Religious Children' s ]:nsc Personal Clo~ing Food B~rber/Hairdresser Credit Payments: Credit Card Charge Account Memberships Loarl~ Credit Union Miscellaneous Household Help Papers,"Books/Magaziue Entertaimnem Pa>' TV Personal Care Sen'ice Type WEEK $ $ (Fill itl ~riate Colunm) MONTH 100 5O $ 20O 2_5 64 225 $ $ 50, 65 20. Page 4 of 6 Form iN-008 Worker ID YEAR h~c.,ne ~.d Expense Statcm¢,. PACSES Case Nu,nh EXPENSES (Fill inAppropriate Colunm) (conlinued) WEEK MONTti ~ P e t____~_s 25 0thor Child Sup~)n Alimon~ Paymems 970 Other , Eatin Out ~S $ 150 $ TOTAL EXPENSES S 4,548 PROPERTY OU~ ,'NED Checking Accounts Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL DESCRIPTION Commerce Bank Commerce Bank Phila Police & Fire Federal 431Pa________~ee Dr. & 609 Good Hoe~.__ Profit~Plan VALUE $ 100 lO0 315,000 22 000 INSURANCE Hospital Blue Cross Odler Medical Blue Shield Oilier H-Husband W-Wit' COMPANY POLICY # Coverage * -~- H W C t'e C- ~~ /'~nmhln~d r_ r,,;~, ~ __ Page 5 of 6 Service Type F.rm IN-008 Worker ID PACSES C'~se Number INSURANCE COMI'AN¥' I'OLICY # Health/Accident Disability lncom¢ Dental Other H-Husband W-Wife C-CombinedJ-$oint Suoolemental Income Statement This form is to be tilled out by a person (I) who operates a business or practices a rofession or (2) who is a member ora partnership or jo~nrt venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. Attach to this statement a copy of the followin~ documents relating to the partnership, joint venture, business, profession, corporation or slmilar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement :Name of business: AddreSs and telephone number: Nature of business (check one) (1) partnership (2) joint venture -, (3) profession (4) closed corporation (5) other Name of accountant, controller or other person in charge or'financial records: Annual income from business: (I) How often is income received'? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 6 of 6 Sen, ice Type Form IN-008 Worker ID William C. Purcell, VS. Cheryl J. Purcell, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERI..AND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF WILLIAM C. PURCELL, PLAINTIFF Plaintiff, William C. Purcell, files the following Inventory and Appraisement of all property owned or possessed by either party at the time the parties were separated. Plaintiffverifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements herein ~xe made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: /[ A~ [OZ ASSETS OF PARTIES William C. Purcell, Plaintiff, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. (x) 2. (x) 3. () 4. (x) 5. (x) 6. () 7. () 8. () 9. () () () () () (x) () (x) () (x) () () () () () (x) () 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 box Trusts Life insurance policies (indicate t~tce value, cash surrender value and current beneficiaries) 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Businesses (list all owners, including percentage of ownership and officer/director positions held by a party with company) 16. Employment/termination benefits - severance pay, worker's compensation claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and urnnatured) 22. Military/V.A. benefits 23. Educational benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (includes as a total category and attach itemized list if distribution of such assets is in dispute) Other LIABILITIES OF PARTIES Plaintiff, William C. Purcell, marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED (X) 1. Mortgages ( ) 2. Judgments ( ) 3. Liens ( ) 4. Other secured liabilities UNSECURED (x) 5. () 6. () 7. () 8. (x) 9. Credit card balances Purchases Loan payments Notes payable Other unsecured liabilities - line of credit CONTINGENT OR DEFERRED ( ) 10. Contracts or agreements ( ) 11. Promissory notes ( ) 12. Lawsuits ( ) 13. Options ( ) 14. Taxes ( ) 15. Other contingent or deferred liabilities += = = ~ = = = = 0 0 O~ ,,Ii o ~ 0 Wiiliam C. Purcell, VS. Cheryl J. Purcell, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTYPENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW IN DIVORCE PRETRIAL STATEMENT OF PLAINTIFF WILLIAM C. PURCELL List of Marital Assets: See Plaintiffs Inventory and Appraisement attached. 2. Expert Witnesses: Appraisers of real estate and personal property will be called as expert witnesses, if necessary. 3. Other Witnesses: Larry Addink, Accountant and Vice-President & Rick Sindorff, Chief Financial Officer for Oasis Telecom and Borg, Inc., 321 E. Main St., Bozeman, Montana 59715 (406) 586-4667 Donna Hoffman, Pete Fiskes, Karen Clark, Karen Frick, all employees at VFW #6704, 4907 Carlisle Pike, Mechanicsburg, PA (717) 761-1778 Susan Lehr- 609 Good Hope Road, Mechanicsburg, PA (717) 763-1759 June Beard, 5246 Terrace Road, Mechanicsburg, PA (717) 761-3002 Kim & Rick Resh, 4181 Elk Court, Mechanicsburg, PA (717) 728-9301 Chuck & Cathy River, 76 Balihai Rd., Mechanicsburg, PA (717) 697-9684 Exhibits of Plaintiff: Real Estate appraisals for 431 Pawnee Driw9 & 609 Good Hope Road Kelley Blue Book printouts (valuation of vehicles) Canceled checks and bank statements from the joint account (Wife's dissipation of assets) Commerce Checking and Saving statement,,; Salomon Smith Barney statements, Stock Account Salomon Smith Barney statements, IRA American Funds Group Profit Sharing Plan statement Oasis Profit Sharing Plan Summary Plan Description Profit Sharing Plan Sign-Up Form Profit Sharing Plan Certificate(s) Letter of October 1, 2002 re: Wife's Highmark 401k ABN AMRO Mortgage Group Loan Application (431 Pawnee Dr.) Philadelphia Police & Fire Credit Union Truth in Lending disclosure for 2nd mortgage (431 Pawnee Dr.) Commercial Federal Mortgage Corp. Statement (431 Pawnee Dr.) Chase mortgage statement (609 Good Hope Rd.) Police & Fire Credit Union statements Seare card statement Oasis Telecom documents: Subscription Agreement, Restated Bylaws, Corporation Tax Returns (1998-2001), Balance Sheets (1998-2001) Borg, Inc. Documents: Restated Bylaws, Articles of Incorporation, Corporation Tax Returns (1999-2001), Balance Sheets Plaintiff and Defendant's joint Federal Tax Returns- 2000, 2001 Plaintiff's List of Household/Personal Property Husband's canceled check #1641 dated 12/1!8/01 to Marlin McCaleb, Esq. for Cheryl for $10,000 Transcript from November 18, 2002 Emergency Custody Hearing Reports from counselors at Gaudenzia re: Wife's treatment for alcoholism Pay stubs attached. 6. Plaintiffs Income: See Plaintiffs pay stub and Plaintiff's Income & Expense statement Plaintiffs Expenses: See Plaintiffs Income & Expense statement attached. Valuation of Plaintiffs pension: No pensions exist. 8. Counsel Fees: Plaintiff made advanced equitable distribution to Defendant of $10,000. Plaintiff proposes that both parties be responsible for their own counsel fees, costs and expenses. 9. Personal Property: The parties' personal property has been divided and we propose that each retain what is in their possession. The only issue, if any, regarding the personal property is the value of the property in the possession of each party. 10. Marital Debts as of the parties' date of separation: See #11 below, and Plaintiffs Inventory & Appraisement attached. 11. Proposed resolution of economic issues: A. Equitable Distribution: See attached schedule. B. Alimony to Defendant Wife: None. Defendant is an admitted alcoholic and a compulsive gambler who has dissipated tens of thousands of dollars of the parties' marital assets. Although Defendant has an earning capacity of approximately $30,000 per year, she is unemployed (or underemployed) clue to her own choices, thereby voluntarily reducing her income. An alimony order in this matter would be unfair and inappropriate. Re~l~,.c~utly s u b m i"~ d .---'~,,, 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441! ATTORN[:Y FOR PLAINTIFF ASSETS ESTIMATED TO TO VALUE HUSBAND WIFE Real Property 431 Pawnee Drive (Jt.) $217,000 $217,000 (Appraisal) 609 Good Hope Road (Jt.) $98,000 $98,000 (Appraisal) Vehicles 1988 Saab 9000 Turbo (Jt.) $3,750 $3,750 (Kelly Blue Book) 1992 Dodge Custom Van (Jt.) -0- Stocks, Bonds, Securities Salomon Smith Barney (H) $7,660 (2/28/02 $7,660 -859-01929-13450 stmt) 1972 20' Pontoon boat 1,000 (client estim.) 1,000 Checking Acct, Cash Commerce Bank ckg (H) $5,199 $5,199 (9/15/01 strut.) Savings Acct, Money Market $1,900 (9/30/01 $1,900 Commerce Bank svgs (H) stmt) Business Oasis Telecom (H) owned $2,500 $2,500 2.25% at time of separation Borg, Inc. (H) (23% ownership) $7,000 $7,000 IRA, Retirement Plans Highmark Investmt. Plan 401k $10,551 (W cashed $10,551 (W) -need strut in after separ.) American Funds Group (H) $19,745 (amount $19,745 Profit Sharing Plan vested on 12/31/01) Salomon Smith Barney (H) $36,991 (12/31/01 $36,991 -859-63887-13450 IRA stmt) Household Property 100% 50% 50% TOTAL ASSETS $411,296 $396,995 $14,301 LIABILITIES ESTIMATED TO TO VALUE HUSBAND WIFE Mortgage Mortgage on Pawnee (refin'd) $187,400 (refin'd in $187,400 10~02) Chase (Jt.) on Good Hope $87,672 (10/02 $87,672 Need strnt bal.) CreditCards Police & Fire Credit Union (Jt.) $2,000 (11/02 bal.) $2,000 TOTAL LIABILITIES $277,072 $277,072 0 NET MARITAL ESTATE: $134,224 PERCENTAGE DISTRIBUTION TO H or W DOLLAR DISTRIBUTION TO H or W CREDITS TO H FOR MARITAL DEBTS PAID* ADJUSTMENT FOR ADVANCED E.D. TO W BALANCE DUE TO WIFE 75%=$100,668 $1 II 9,923 $5,790 25%=~;33,556 $14,301 ($5,790) ($1o,ooo) $3,465 * In addition to the $10,000 advanced equitable distribution paid by H to W, H paid Sears card with date of separation balance of $345; Police & Fire Credit Union Visa balance at date of separation was $7,527- H has paid $5,500; and Police & Fire Credit Union line of credit with a date of separation balance of $5,735. Total marital debts paid by H = $11,580. 50% of $11,580 = $5,790. William C. Purcell, VS. Cheryl J. Purcell, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 10, 2001 and an Amended and Restated Complain~in Divorce under Section 3301(c) of the Divorce Code was filed on October 1, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: December 9, 2002 William C. Purcell, VS. Cheryl J. Purcell, Plaintiff . * Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5298 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: December 9, 2002 William C. Purcell, Plaintiff Draft #5 January 21, 2003 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of~__'~2003, by and between William C. Purcell, hereinafter referred to as "Husband", and Cheryl J. Purcell, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 13, 1986; and WHEREAS, certain differences arose between the parties as a result of which they separated on September 18, 2001, and now live separate and apart from one another, and are desirous of settling fully and finally their rmspective financial and property rights and obligations as between each other, including, witlhout limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by ~Vife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and dghts growing, out of the marriage relationship, any provisions of prior agreements between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Edward J. Wcintraub, Esquire, and Wife, by her attorney, Marlin R. McCaleb, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: (Initials) ~-~~:? (Initials) Draft #5 January 21, 2003 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since September 18, 2001, she has not, and in the future, she will not, contract or incur any debt or liability for which Ftusband or his estate might be responsible and shall indemnify and save Husband harml,9ss from any and all claims or demands made against him by reason of debts or obligations incurred by her, including reasonable attorney's fees. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since September 18, 2001, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. (Initials) C~:~) (Initials) 2 Draft #5 January 21, 2003 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: DESCRIP~I ON AMOUNT Mortgage on 431 Pawnee Drive $187,000 Mortgage on 609 Good Hope Road $88,000 Police and Fire Credit Union $5,735 Line of Credit D. Police and Fire Credit Union $7,527 H+W credit Card Sears Charge $354 PERSON(S) NOW P, ESP_ONSIBLE H H+VV H E. H The parties agree that Husband shall hereafter be responsible for paying debtsA, B, C, D and E listed above, and shall indemnify and save Wife harmless from any liability for such debts or obligations. In the event that either party contracted or incurred any debts, other than those specifically identified herein since September 18, 2001, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts, including reasonable attorney's fees. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has (Initials) t~?~(Initials) Draft #5 January 21, 2003 released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION: A. REAL ESTATE: (1) Wife agrees to transfer to Husband all of her interest in and title to their jointly owned real estate at 431 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania subject to the mortgage of approximately One Hundred Eighty- Seven Thousand Dollars ($187,000) given to ABN Amro Mortgage Group, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Wife from any loss by reason of any clefault in payment and agrees to save Wife harmless from any future liability with regard thereto. (a) Simultaneously with the execution of this Agreement, Wife shall execute a deed to be prepared by Husband's counsel transferring and conveying to Husband all of their right, title, claim and interest in and to the real estate located at 431 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania, and shall deliver the said deed to her attorney, who shall hold same in escrow pending Husband's payment to Wife of the Lump Sum Cash Paymment as provided in Paragraph 7.G, below. Upon deliver of the deed to Husband as provided in Paragraph 7.G, below, Husband shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate. ~'~, (Initials) 4 .'~(Initials) Draft #5 January 21, 2003 (b) Wife agrees that upon the delivery of the deed to Husband, Husband shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. (2) Wife agrees to transfer to Husband all of her interest in and title to their jointly owned real estate at 609 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania subject to the mortgagE: of approximately Eighty-Eight Thousand Dollars ($88,000) given to Chase Manhattan, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Wife from any loss by reason of any default in payment and agrees to save Wife harmless from any future liability with regard thereto. (a) Simultaneously with the execution of this Agreement, Wife shall execute a deed to be prepared by Husband's counsel transferring and conveying to Husband all of their right, title, claim and interest in and to the real estate located at 609 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania, and shall deliver said deed to her attomey, who shall hold same in escrow pending Husband's payment to Wife of the Lump Sum Cash Payment as provided in Paragraph 7.G, below. Upon delivery of said deed to Husband, Husband shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate. (b) Wife agrees that up,on the delivery of the deed to Husband, Husband shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. (Initials) ~O(Initials) 5 Draft #5 January 21, 2003 (c) If requested by Wife, Husband shall promptly apply for refinancing to satisfy or shall otherwise obtain Wife's release regarding the existing mortgages on 609 Good Hope Road, Mechanicsburg, Curnbedand County, Pennsylvania. Pending settlement on Husband's new financing, he shall continue to be solely responsible for the existing mortgages, insurance, taxes and other charges associated with the property. B. Contents of Wife's Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his dght, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife. C. Contents of Husband's Residence: Wife acknowledges that the padies have equitably divided their personal property by mutual agreement, except for family plhotographs and pictures which the parties agree to mutually divide between themselves at a later time. Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband, except for the aforementioned family photographs and pictures. D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) (2) Wife shall retain the 1988 Saab 9000 Turbo and any liabilities relating thereto. Husband shall retain the '1972 20' Pontoon boat and any liabilities relating thereto. (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. ~/~. (Initials) 6 (Initials) Draft #5 January 21, 2003 E. Individual Retirement Accounts, Pensions Employment Benefits: And Each party shall retain sole ownership and control of their own IRA's, Pensions and Employment benefits. Specifically, Husband shall retain sole ownership and control of his American Funds Profit-Sharing Plan (Oasis Telecom Retirement Plan), account number 64975726, in which Husband's amount vested on 12/31/01 was $19,745. F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. G. Lump Sum Cash Payment Within thirty (30) days after the execution of this Agreement by both parties, Husband shall pay to Wife the sum of Seventy Thousand Dollars ($70,000) in full satisfaction of all claims by Wife arising out of their marital relationship, including equitable distribution, alimony, counsel fees, costs, expenses and any other claims of any nature whatsoever. Upon receipt of said payment, Wife and her attorney shall immediately deliver to Husband and/or his attorney the deeds described in Pragraphs 7.A.(1)(a) and (2)(a), above. Wife agrees that she is specifically accepting this sum in full satisfaction of any claim to any income or property of Husband, owned by him, either individually orjointly with Wife or any entity or third party or parties, or to which he maybe beneficially entitled, including any claim under equitable distribution, including but not limited to Husband's interests in the following: (Initials) 7 ~)~ (Initials) Draft #5 January 21, 2003 (1) All corporations, general or limited partnerships, limited liability companies, or other business entities or joint ventures in which Husband had, now has or hereafter will have an interest; (2) Husband's stock in Borg, Inc., Oasis Telecommunications, Inc. and/or Kahuna Grande LLC; and (3) Any property specifically mentioned in this Agreement as belonging to Husband or hereafter acquired by him. Notwithstanding the rights and remedies set forth in Paragraph 16, below, and in addition thereto, if Husband shall for any reason whatsoever (other than Wife's default) fail or refuse to make the Lump Sum Cash Payment to Wife as provided in this Paragraph, he shall be in default of this Agreement and Wife shall have the dght, upon wdtten notice to Husband and/or his attomey, to terminate this Agreement, in which event this Agreement shall become null and void for all purposes (except for the purposes of this paragraph, the provisions of which are hereby deemed to survive such termination) and all rights herein waived or released by either party shall immediately be restored to that party, in full force and effect, retroactive to the date hereof, as if this Agreement had never been executed. H. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to WifE;. I. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. (Initials) (Initials) Draft #5 January 21, 2003 Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. K. Tax Liability: The parties believe and agree, that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. Husband is not required to own or maintain any insurance on his life pursuant to this Agreement. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance payments of any kind from the other party effective upon Husband's payment to Wife of the Lump Sum Cash Payment as provided in Paragraph 7.G, above. Wife acknowledges and agrees that the provisions of this Agreement providing for her waiver of alimony are fair, adequate, and satisfactory to her and are t~ ]C~. (Initials) ~:~ 5~(I - v nitials) 9 (,/" Draft//5 January 21, 2003 based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage, Husband's lump sum payment to her under this Agreement, and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa.C.S.A. Section 3701,, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the \Nile or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now havE; or hereafter have against the Wife for support, maintenance or alimony. Husband furthor voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. ~'~ (Initials) ~S7~(initials) 10 b~v Draft #5 January 21, 2003 10. HEAL TH INSURANCE: Husband agrees to continue to provide and pay for Wife's medical and hospitalization coverage until entry of a final decree in divorce. Th .... %. ';i~ .... ..~r ,~ CO~,'",A, ,%r ...... ~, ........... ~ ...........] ............ ] .................... n su a nts for health insurance will not be considered alimony and are not included with the income of the Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and not deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Following the entry of a final decree of divorce, if and to the extent that Husband's employer and/or its hospital and medical insurance plan is subject to the provisions of the Consolidated Omnibus Budget Reconcilliation Act of 1985, P.L. 99272, as ammended ("COBRA"), Husband hereby agrees to cooperate fully in allowing Wife to continue her hospital and medical insurance coverage under COBRA for the maximum period permitted by law and he or his employer shall execute all documents and deliver to Wife all notices relevant or pertaining thereto. COBRA coverage for Wife shall be paid for by Wife. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of madtal .property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, dudng and after the commencement of the proceedings for divorce or annulment between the parties. (Initials) ~:~ (Initials) Draft #5 January 21, 2003 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and 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 solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file separately in 2002 and thereafter. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives, and relinquishes any and all dghts he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, dght to take intestacy, dght to take against the will of the other, and dght to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICA TED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- (Initials) ~----~(Initials) 12 ~ Draft #5 January 21, 2003 defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parti~es hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and ~..nforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Husband at his cost by his counsel has filed an action for divorce under Section 3301(c)and (d)of the Divorce Code.. Both parties have previously executed Affidavits of Consent and Waivers of Notice to enable counsel for Husband to proceed with a no-fault divorce and to provide counsel for Wife with a duplicate decree. Counsel for Husband may file with the Prothonotary a Praecipe to Transmit the Record to finalize the divorce after Husband makes the Lump Sum Cash Payment to Wife as provided in Paragraph 7.G, above. The parties further agree that each of them shall be responsible for their own attorney's fees, costs and expenses. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, (Initials) ~(Initials) ~3 Draft #5 January 21, 2003 but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. Simultaneously with the transmittal of the Decree in Divorce to counsel for Wife, counsel for Husband shall send a copy of this Agreement and the Divorce Decree to Domestic Relations to effectuate a termination of the current Spousal Support/APL order. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, 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 appropriate for payment of legal fees and costs incurred by the other in enforcing his or her dghts under 'this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an actiion to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they. agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either (Initials) ~--~ (Initials) Draft #5 January 21, 2003 may pay or sustain, or incur or become liable for, in any way whatsoever, because of a breach of terms or provisions of this Agreement, by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to tirne, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been fumished with all information relating to the financial affairs of the other which respective counsel. 19. has been requested by each of them or by their ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage Draft #5 January 21, 2003 and other relevant factors which have been taken into con~sideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any dghts to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed pdor to the date and time of this Agreement are null and void and have no effect. (Initials) ~ (Initials) 16 6/ Draft #5 January 21, 2003 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the dghts or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above wdtten. Witr~½s (SEAL) Cheryl J. PurcelF/ Witness (Initials) 17 (Initials) Draft #5 January 21, 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN BEFORE ME, the undersigned authority, on this ~isf day of ,_.~~ ,2003, personally appeared William C. Purcell, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ day of , Notary Public in and for the Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA · COUNTY OFCUMBERLAND · SS. BEFORE ME, the undersigned authority, on this 3=/.~ day of ,~^~-o-~. ,2003, personally appeared Cheryl J. Purcell, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ,~/:r/" day of ~_~,~~f_~, 2003. My ComfTiedon Exl~f~ Deo. 14, 2006 ADDENDUM TO MARITAL SETTLEMENT AGREEMENT THIS ADDENDUM, made this ~/~ay of ~/~~, 2003, by and v between William C. Purcell, hereinafter referred to as '"Husband", and Cheryl J. Purcell, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are the Husband and Wife, respectively, in and under a certain Marital Settlement Agreement bearing equal date herewith; and WHEREAS, the parties have agreed to certain additional terms and provisions in addition to said Marital Settlement Agreement and desire to hereby document the same in writing. NOW, THEREFORE, in consideration of the covenants and promises mutually made to be kept as set forth in the aforesaid Marital Settlement Agreement, and in further consideration of the covenants and promises mutually made and to be kept as more fully set forth herein below, the parties hereto, intending to be legally bound and to legally bind their heirs, successors and assigns, do hereby covenant, promise and agree as follows: 1. With regard to the marital debts set forth in Paragraph 5 of the aforesaid Marital Settlement Agreement, all joint Obligations of the parties, including but not limited to those under Police and Fire Federal Credit Union Membership No. 11852931, shall be terminated and the current balances thereof shall be transferred to Husband's sole account. If for any reason the creditor will not permit such transfer, then Husband shall forthwith pay the current balance in full and terminate the joint obligation. 2. With regard to the two parcels of real estate described in Paragraph 7 of said Marital Settlement Agreement, the mortgage obligation encumbering 431 Pawnee Drive given by Husband and Wife to Police and Fire Federal Credit Union on August 16, 2001, in the principal amount of Thirty Thousand ($30,000.00) Dollars, recorded in Cumberland County Mortgage Book Volume 1733, Page 4579, and the mortgage obligation encumbering 609 Good Hope Road, given by Husband and Wife to America's Moneyline, Inc., on April 22, 2000, in the iprincipal amount of Twenty- Five Thousand ($25,000.00) Dollars, recorded in Cumberland County Mortgage Book Volume 1607, Page 1063, have both been paid in full but have not been satisfied upon the records of the Recorder of Deeds of Cumberland County, Pennsylvania. Husband shall obtain the satisfaction of both mortgages, at his sole cost and expense, and shall indemnify Wife and save her harmless from any and all liability whatsoever arising from the failure to satisfy either mo~rtgage. 3. With regard to the Lump Sum Cash Payment of Seventy Thousand ($70,000.00) Dollars, to be paid by Husband to Wife as provided in Paragraph 7.G of said Marital Settlement Agreement, no portion of said payment shall be alimony within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954, as amended. 4. With regard to the COBRA provisions of Paragraph 10 of said Marital Settlement Agreement, Husband, as the participant in the relevant group plan, hereby agrees to allow Wife, the non-participant, to communicate directly, without limitation, with the relevant hospital and medical insurance carrie~-, and Husband, as the participant, and/or Husband's employer hereby waive any objections to Wife in good faith processing claims or communicating directly with the said insurance carrier. Said entitlement to the communication with the hospital and medical insurance carrier, shall include, but not be limited to, direct submission of bills by Wife to the carrier, direct reimbursement by the carrier to Wife, and direct delivery to Wife from the carrier of all relevant cards, information, brochures or other documents. Notwithstanding the preceding paragraph, Husband agrees to immediately forward to Wife any direct reimbursement.,; he receives from the carrier for medical expenses incurred or paid by Wife. Husband and Wife shall agree to a proposed Order of Court incorporating the provisions of this Paragraph 4, in the form as attached hereto and made a part hereof, marked Exhibit "A", which shall be entered as an Order of Court at the same time as the final decree of divorce, and Wife may provide a true copy of said Order to the hospital and medical insurance carrier as notice of the parties' divorce, the parties' agreement to the terms hereof, Wife's address and the parties' intention that Wife be permitted to communicate directly with the insurance carrier as if she were Husband or a participant therein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fir/~abov..~.,e written. William C. ~ur¢oll (SEAL) Y-'~-~',. ~~ (SEAL) Cheryl J. F'ur~l' - Witness -3- WILLIAM C. PURCELL, Plaintiff VS. CHERYL J. PURCELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5298 : : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this day of appearing to the Court that: , 2003, it The parties hereto are the Husband and Wife, respectively, in the above-captioned action in divorce, who are being divorced by decree of this Court entered on this date; and 2. Wife's current and last known mailing address is 408 Brandy Lane, Mechanicsburg, Pennsylvania 17050, and her Social Security No. is 080-38-5252; and 3. Prior hereto, Wife has been a.beneficiary of hospital and medical insurance coverage provided to Husband by his employer; and 4. The parties have agreed to the terms of continuation by Wife at her sole expense of such hospital and medical insurance coverage as provided by the Consolidated Omnibus Budget Reconciliation Act of 1985, P.L.99272, as amended ("COBRA"); EXHIBIT "A" IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. If and to the extent that Husband's employer and/or its hospital and medical insurance plan is subject to COBRA, Husband and/or Husband's employer shall cooperate fully in allowing Wife to continue her hospital and medical insurance coverage under COBRA for the maximum period permitted by law and Husband's employer shall execute all documents and deliver to Wife all notices relevant or pertaining thereto. COBRA coverage for Wife shall be paid for by Wife. 2. Husband, as the participant in the relevant group plan, shall allow Wife, the non-participant, to communicate directly, without limitation, with the relevant hospital and medical insurance carrier and Husband, as participant, and/or Husband's employer hereby waive any objections to Wife in good faith processing claims or communicating directly with the said insurance carrier. Said entitlement to communication with the hospital and medical insurance carrier shall include, but not be limited to, direct submission of bills by Wife to the carrier, direct reimbursement by the carrier to Wife, and direct delivery to Wife from the carrier of all relevant cards, information, brochures or other documents. 3. Notwithstanding the preceding paragraph, Husband shall 2 immediately forward to Wife any direct reimbursements he receives from the carrier for medical expenses incurred and paid by Wife. By the Court: CONSENTED TO: Jo William C. Purcell Husband/Participant Attorney for Husband Cheryl J. Purcell Wife/Non-Participant Attorney for Wife -3- WILLIAM C. PURCELL, Plaintiff vs. CHERYL J. PURCELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 5298 CIVIL IN DIVORCE ORDER OF COUR~ AND NOW, this ~ day of 2003, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated January 31, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Jennifer L. Frechette Attorney for Plaintiff Marlin R. McCaleb Attorney for Defendant BY THE COURT, EDWARD ~] 2650 NORTH THIRD STREET i HARRISBURG, PENNSYLVANIA 17110 (717) 238-2200 FAX (717) 238-9280 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~?/.~/-- day of-~&_.~__..~ 2003, by and between William C. Purcell, hereinafter referred to as "Husband", and Cheryl J. Purcell, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 13, 1986; and WHEREAS, certain differences arose between the parties as a result of which they separated on September 18, 2001, and now liw~ separate and apart from one another, and are desirous of settling fully and finally their respective financial and property dghts and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of-all marital property; and a resolution of all mutual responsibilities and dghts growing out of the marriage relationship, any provisions of prior agreements between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Edward J. Weintraub, Esquire, and Wife, by her attorney, Marlin R. McCaleb, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to b,e kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as. follows: ~/~¢ (Initials)~ _(Initials) 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at sucl5 place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respeCts as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since September 18, 2001, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, including reasonable attorney's fees. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since September 18, 2001, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made.against her by reason of debts or obligations incurred by him. (Initials) 2 ~ (Initials) 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: DESCBIP.3'IQN AMOUNT_ A. Mortgage on 431 Pawnee Drive $187,000 B. Mortgage on 609 Good Hope Road $88,000 C. Police and Fire Credit Union $5,735 Line of Credit D. Police and Fire Credit Union $7,527 H+W Credit' Card Sears Charge PERSON(S) NOW RESBQNSIBLE H H+W H E. $354 H The parties agree that Husband shall hereafter be responsible for paying debtsA, B, C, D and E listed above, and shall indemnify and save Wife harmless from any liability for such debts or obligations. ........ In the event that either party contracted or incurred any debts;other than those specifically identified herein since September 18, 2001, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harTnless the other for any liability for such debts, including reasonable attorney's fees. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides fOr an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has (Initials) 5~ (Initials) 3 released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, dghts or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION: A. REAL ESTATE: (1) Wife agrees to transfer to Elusband all of her interest in and title to their jointly owned real estate at 431 Pawnee Drive,, Mechanicsburg, Cumberland County, Pennsylvania subject to the mortgage of approximately One Hundred Eighty- Seven Thousand Dollars ($187,000) given to ABN Amro Mortgage Group, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Wife from any loss by reason of any default in payment and agrees to save Wife harmless from any future liability with regard thereto. (a) Simultaneously with the execution of this Agreement, Wife shall execute a deed to be prepared by Husband's counsel transferring and conveying to Husband all of their right, title, claim and interest in and to the real estate located at 431 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania, and shall deliver the said deed to her attorney, who shall hold same in escrow pending Husband's payment to Wife of the Lump Sum Cash Paymment as provided in Paragraph 7.G, below. Upon deliyer of the deed to Husband as provided in Paragraph 7.G, below, Husband shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate. (Initials) 4 _~Y_~ (Initials) (b) Wife agrees that upon the delivery of the deed to Husband, Husband shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. (2) Wife agrees to transfer to Husband all of her interest in and title to their jointly owned real estate at 609 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania subject to the mortgagE; of approximately Eighty-Eight Thousand Dollars ($88,000) given to Chase Manhattan, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on, said premises and agrees to indemnify Wife from any loss by reason of any default in payment and agrees to save Wife harmless from any future liability with regard thereto. (a) Simultaneously with the execution of this Agreement, Wife shall execute a deed to be prepared by Husband's counsel transferring and conveying to Husband all of their right, title, claim and interest in and to the real estate located at 609 Good Hope Road, MechaniCSburg, Cumberland County, Pennsylvania, and shall deliver said deed to her attorney, who shall hold same in escrow pending Husband's payment to Wife of the Lump Sum Cash Payment as provided in Paragraph 7.G, below. Upon delivery of said deed to Husband, Husband shall be '[he sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate. (b) Wife agrees that upon the delivery of the deed to Husband, Husband shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any 'payments now or hereafter due under such insurance policies. (c) If requested by Wife, Husband shall promptly apply for refinancing to satisfy or shall otherwise obtain Wife's release regarding the existing mortgages on 609 Good Hope Road, Mechanicsburg, Curnberland County, Pennsylvania. Pending settlement on Husband's new financing, he shall continue to be solely responsible for the existing mortgages, insurance, taxes and other charges associated with the property. B. Contents of Wife's Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife. C. Contents of Husband's Residence: Wife acknowledges that the parties have equitably divided their personal property by mutual agreement, except for family photographs and pictures which the parties agree to mutually divide between themselves al: a later time. Wife relinquishes her right, . title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband, except for the aforementioned family photographs and pictures. D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) (2) (3) Wife shall retain the 1J88 Saab 9000 Turbo and any liabilities relating thereto. Husband shall' retain the 1972 20' Pontoon boat and any liabilities relating thereto. All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. (Initials) ~ (Initials) 6 Individual Retirement Employment Benefits: Accounts, Pensions And Each party shall retain sole ownership and control of their own IRA's, Pensions and Employment benefits. Specifically, Husband shall retain sole ownership and control of his American Funds Profit-Sharing Plan (Oasis Telecom Retirement Plan), account number 64975726, in which Husband's amount vested on 12/31/01 was $19,745. F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account..Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. G. Lump Sum Cash Payment Within thirty (30) days after the execution of this Agreement by both parties, Husband shall pay to Wife the sum of Seven'Iy Thousand Dollars ($70,000) in full satisfaction of all claims by Wife arising out of their' marital relationship, including equitable distribution, alimony, counsel fees, costs, expenses and any other claims of any nature whatsoever. Upon receipt of said payment, Wife and her attorney shall immediately deliver to Husband and/or his attorney the deeds described in Pragraphs 7.A.(1)(a) and (2)(a), above. Wife agrees that she is specifically accepting this sum in full satisfaction of any claim to any income or property of Husband, owned by him, either individually or jointly with Wife or any entity or third party or part!es, or to which he maybe beneficially entitled, including any claim under equitable distribution, including but not limited to Husband's interests in the following: ,/.~)~ (Initials) ~ (Initials) "'"''7 (1) All corporations, cjeneral or limited partnerships, limited liability companies, or other business entities or joint ventures in which Husband had, now has or hereafter will have an interest; (2) Husband's sto(;k in Borg, Inc., Oasis Telecommunications, Inc. and/or Kahuna Grande LLC; and ($) Any property specifically mentioned in this Agreement as belonging to Husband or hereafter acquired by him. Notwithstanding the dghts and remedies set forth in Paragraph 16, below, and in addition-thereto, if Husband shall for any reason whatsoever (other than Wife's default) fail or refuse to make the Lump Sum Cash Payment to Wife as provided in this Paragraph, he shall be in default of this Agreement and Wife shall have the dght, upon written notice to Husband and/or his attorney, to terminate this Agreement, in which event this Agreement shall become null and void for all purposes (except for the purposes of this paragraph, the provisions of which are herebY deemed to survive such termination) and all rights herein waived or released by either party shall immediately be restored to that party, in full force and effect, retroactive to the date hereof, as if this Agreement had never been executed. H. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. .(Initials) ~z~~ (Initials) Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Miscellaneous Property: . All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. K. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable dMsion of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of tlhe property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income, tax returns. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiiaries. Husband is not required to own or maintain any insurance on his life pursuant to this Agreement. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance payments of any kind from the other party effective upon Husband's payment to Wife of the Lump Sum Cash Payment as provided in Paragraph 7.G, above. Wife acknowledges and agrees that the provisions of this Agreement providing for her waiver of alimony are fair, adequate, and satisfactory to her and are (Initials) ~;~ (Initials) based upon her actual need, her~ HuSband's ability to pay, the duration of the parties' marriage, Husband's lump sum payment to her under this Agreement, and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, Suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreoment in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agree.,; that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by 'him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the WifE; any payment for support or alimony. (Initials) 10 ~/~ (Initials) lO. HEAL TH INSURANCE: Husband agrees to continue to providE: and pay for Wife's medical and hospitalization coverage until entry of a final decree in divorce. Th~..-~.~.ft.:," '.'i.?. C~,~v*., ,%: _r-ov~_r~_ inch .......... ,Hinn~ H~,nf~l ............. m~w. ..... ED nhf~inc~H hr/., ~^/if,~ ..... =, h,-. ~,~.- co~t. Any such payments for health insurance will not be considered alimony and are not included with the income of the Wife within the meaning and intent of Section 7'1 of the United States Internal Revenue Code of 1954 and not deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Following the entry of a final decree of divorce, if and to the extent that Husband's employer and/or its hospital and medical insurance plan is subject to the provisions of the Consolidated Omnibus Budget Reconcilliation Act of 1985, P.L. 99272, as ammended ("COBRA"), Husband hereby agrees to cooperate fully in allowing Wife to continue her hospital and medical insurance coverage under COBRA for the maximum pedod permitted by law and he or his employer shall execute all documents and deliver to Wife all notices relevant or pertaining thereto. COBRA coverage for Wife shall be paid for by Wife. 11; ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, dudng and after-the commencement of the proceedings for divorce or annulment between the parties. _~2.~(Initials) 11 (Initials) The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against .any loss or liability for any such tax deficiency or assessment and 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 solely and entirely by the individual who is finally determined to be responsible for the actions, miisrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file separately in 2002,, and thereafter. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all dghts he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey', statutory allowance, widow's allowance, right to take intestacy, dght to take against the 'will of the other, and dght to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and. all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICA TED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- (Initials) 12 ~~ (Initials) oefense of any acuon ~ror -d~vorce; provided, nowever;:'that nothmg',oontamed-in:::thi~ Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly' hereby waives any and all possible claims that this agreement is, for any reason illegal or .' for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Husband at his cost by his counsel has filed an action for divorce under Section 3301(c) and (d) of the Divorce Code. Both parties have previously executed Affidavits of Consent and Waivers of Notice to enable counsel for Husband to proceed with a no-fault divorce and to provide counsel for Wife with a duplicate decree. Counsel for Husband may file with the Prothonotary a Praecipe to Transmit the Record to finalize the divorce after Husband makes the Lump Sum Cash Payment to Wife as provided in Paragraph 7.G, above. The parties further agree that each of them shall be responsible for their own attorney's fees, costs and expenses. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, (Initials) C~)~ (Initials) 13 bUt Sh~ : : : conclusive upon the parties. . Simultaneously with the transmittal of the Decree in Divorce to counsel for Wife, counsel for Husband shall send a copy of this Agreement and the Divorce Decree to Domestic Relations to effectuate a termination of the current Spousal Support/APL order. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, 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 appropriate for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties' hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to imp, roperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury tdal so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. · Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and Costs of litigation that either (Initials) 14 (Initials) may pay or sustain, or incur or become liable for, in any way whatsoever, because of a breach of terms or provisions of this Agreement, by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attomey's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or' wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and 'enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any an,:] all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. · 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into w~luntadly, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. EN TIRE A GREEMEN T: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage parties hereby the proviSi0ns~of:this Agr respect tothe diVision of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. se_q. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any dghts to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MOD~FICA TION AND WAIVER: ^ modification or waiver of any of the provisions of this Agreemeni shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed pdor to the date and time of this Agreement are null and void and have no effect. Ilnitials) ~~ (Initials) 16 ~/~ 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the dghts or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or ott~ervvise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS: This .Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, adrninistrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. William C. Purcell (SEAL) (Initials) (SEAL) Cheryl J. Pur~--ql 17 Witness (Initials) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. BEFORE ME, the undersigned authority, on this ~'/'~'day of ~'~/,1 ..l.( E;~ .~,~.~j, 2003, personally appeared William C. Purcell, known to me to be the person who executed the foregoing instrument, and who .acknowledged to me that he executed same for the purposes and considerations therein expressed· GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ..~,/J'~day of J Notarial Seal Mis'h,' D. Lehman, Notary Public Harrisburg, Dauphin County My Commission Expires Aug. 2, 2004 No~r~ Fr~bi~c ~(~ and fo~ the- Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA COUNTY OFCUMBERLAND undersigned SS. author ty, on this .~/~"/" day of BEFORE ME, the J~,...~z.¢,.? ,2003, personally appeared Cheryl J. Purcell, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. ~,/~.,~_.~.~GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS .~'/:~day of ,2003. ' NotadaJ Se~ Marlin R. McCaleb, Notary Public Mechanicsburg BorG, Cumbe~and County My Commission Expires Dec, 14, 2006 Notary Public in and for the Commonwealth of Pennsylvania ADDENDUM TO MARITAL SE'I-I'LEMENT AGREEMENT THIS ADDENDUM, made this J/~ day of (~¢r-~-~- , 2003, by and between William C. Purcell, hereinafter referred to as "Husband", and Cheryl J. Purcell, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are the Husband and Wife, respectively, in and under a certain Marital Settlement Agreement bearing equal date herewith; and WHEREAS, the parties have agreed to certain additional terms and provisions in addition to said Marital Settlement Agreement and desire to hereby document the same in writing. NOW, THEREFORE, in consideration of the covenants and promises mutually made to be kept as set forth in the aforesaid Marital Settlement Agreement, and in further consideration of the covenants and promises mutually made and to be kept as more fully set forth herein below, the parties hereto, in[ending to be legally bound and to legally bind their heirs, successors and assigns, do hereby covenant, promise and agree as follows: 1. With regard to the marital debts set forth in Paragraph 5 of the aforesaid Marital Settlement Agreement, all joint obligations of the parties, including bUt not limited to those under Police and Fire Federal Credit Union Membership NO. 11852931, shall be terminated and the current balances thereof shall be transferred to Husband's sole account. If for any reason the creditor will not permit such transfer, then Husband shall forthwith pay the current balance in full and terminate the joint obligation. 2. With regard to the two parcels of real estate described in Paragraph 7 of said Marital Settlement Agreement, the mortgage obligation encumbering 431 Pawnee Drive given by Husband and Wife to Police and Fire Federal Credit Union on August 16, 2001, in the principal amount of Thirty Thousand ($30,000.00) Dollars, recorded in Cumberland County Mortgage Book Volume 1733, Page 4579, and the mortgage obligation encumbering 609 Good Hope Road, given by Husband and Wife to America's Moneyline, Inc., on April 22, 2000, in the ;principal amount of Twenty- Five Thousand ($25,000.00) Dollars, recorded in Cumberland County Mortgage Book Volume 1607, Page 1063, have both been paid in full but have not been satisfied upon the records of the Recorder of Deeds of Cumberl:and County, Pennsylvania. Husband shall obtain the satisfaction of both mortgages, at his sole cost and expense, and shall indemnify Wife and save her harmless from any and all liability whatsoever arising from the failure to satisfy either mortgage. 3. With regard to the Lump Sum Cash Payment of Seventy Thousand ($70,000.00) Dollars, to be paid by Husband to Wife as provided in Paragraph 7.G of said Marital Settlement Agreement, no portion of said payment shall be alimony within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954, as amended. 4. With regard to the COBRA provisions of Paragraph 10 of said Marital Settlement Agreement, Husband, as the participant in t:he relevant group plan, hereby agrees to allow Wife,. the non-participant, to communicate directlY, without limitation, with the relevant hospital and medical insurance carrier, and Husband, as the participant, and/or Husband's employer hereby waive any objections to Wife in good faith processing claims or communicating directly with the Said insurance carrier. Said entitlement to the communication with the hospital and medical insurance carrier, shall include, but not be limited to, direct submission of bills by Wife to the carrier, direct reimbursement by the carrier to Wife, and direct delivery to Wife from the carrier of all relevant cards, information, brochure,.; or other documents. Notwithstanding the preceding paragraph, Husband agrees to immediately forward to Wife any direct reimbursements he receives from the carrier for medical expenses 'incurred or paid by Wife. Husband and Wife shall agree to a proposed Order of Court incorporating the provisions of this Paragraph 4, in the, form as attached hereto and made a part hereof, marked Exhibit "A", which shall be entered as an Order of Court at the same time as the final decree of divorce, and Wife may provide a true copy of said Order to the hospital and medical insurance carrier as notice of the parties' divorce, the parties', agreement to the terms hereof, Wiife's address and the parties' intention that Wife be permitted to communicate directly with the inSurance carrier as if she were Husband or a participant therein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year ~s't~~written. W am C. Purcell Wi ~ess (SEAL) Cheryl'J. F~c e-~ (SEAL) Witness -3- WILLIAM C. PURCELL, Plaintiff vs. CHERYL J. PURCELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5298 : : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this day of appearing to the Court that:. , 2003, it The parties hereto are the Husband and Wife, respectively, in the above-captioned action in divorce, who are being divorced by decree of this Court entered on this date; and 2. Wife's current and last known mailing address is 408 Brandy Lane, Mechanicsburg, Pennsylvania 17050, and her Social Security No. is 080-38-5252; and Prior hereto, Wife has been a-beneficiary of hospital and medical insurance covergge provided to Husband by his employer; and 4. The parties have agreed to the terms of continuation by Wife at her sole expense of such hospital and medical insurance coverage aD provided by the Consolidated Omnibus Budget Reconciliation Act of 1985, P.L.99272, as amended ("COBRA"); EXHIBIT "A" IT IS ORDERED, ADJUDGED AND DECREED as follows: t. If and to the extent that Husband's employer and/or its hospital and medical insurance plan is subject to COBRA, Husband and/or Husband's employer skail cooperate fully in allowing Wife to continue her hospital and medical insurance coverage under COBRA for the maximum period permitted by law and Husband's employer shall execute all documents and deliver to Wife all notices relevant or pertaining thereto. COBRA coverage for Wife shall be paid for by Wife. 2. Husband, as the participant in the relevant group plan, shall allow Wife, the non-participant, to communicate directly, without limitation, with the relevant hospital and medical insurance carrier and Husband, as participant, and/or Husband's employer hereby waive any objections to Wife in good faith processing claims or communicating directly with the said insurance carrier. Said entitlement to communication with the hospital and medical insurance carrier shall include, but not be limited to, direct submission of bills by Wife to the carrier, direct reimbursement by the carrier to Wife, and direct delivery to Wife from the carrier of all relevant cards, information, brochures or other documents. 3. Notwithstanding the preceding paragraph, Husband shall immediately forward to Wife any direct reimbursements he receives from the carrier for medical expenses incurred and paid by Wife. By the Court: CONSENTED TO: Jo William C. Purcell Husband/Participant Attorney for Husband Cheryl J. Purcell Wife/Non-Participant Attorney for Wife ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/25/03 Tribunal/Case Number (See Addendum for case summary) O Original Order/Notice O Amended Order/Notice Q Terminate Order/Notice Employer/Withholder's Federal EIN Number OASIS TELECOM PO BOX 1985 BOZEMAN MT 59771-1985 RE: PURCELL, WILLIAM C. Empl~ee/Obligor'sName(Last, First, MI) 188-50-7028 Employee/Obligor's Social Security Number 0613100872 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated wit~ cases on attachment) Custodial Parent's Name (Last, First,/vii) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month' in past-due support Arrears 12 weeks or greater? Oyes {~ no $ 0. oo per month in medical support $ 0.0o per month for genetic test costs $ per month in other (sPecify) for a total of $ 0.00 per month to be forwarded to payee below., You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does n°t match the ordered support payment cycle, use the following to determine how much to withhold: $ o. 0o per weekly pay period. $ 0. o0 per biweekly pay period (every two weeks). $ 0.0o per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). ' If remitting by EFT/EDI, please Call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: Service Type M BY THE COURT: ~ Form EN-028 Worker I D $"rATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this fon~. ,to your~mployee. If your employee works n a state thatis different from the state that issubd this order, a copy must oe provioed to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. PrioritY: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of th is order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. COmbining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. state ' ' ' ' ' ' ~ You must comply with the law of the of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. S.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 8358100018 EMPLOYEE'S/OBLIGOR,S NAME:. PURCELL, WILLIAM C. EMPLOYEE'S CASE IDENTIFIER:. 06'133.00879- DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any .questions about lump sum payments, contact the person or authority beloTM. 8. LiabilitY: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs.unless the obligor is employed in another State, in which case the law of the State in which he o~r she is employed governs. 9. Anti'discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the .obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not Withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673. (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal. limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatOry deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are Served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST _P.,O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at [Z/ZL23~_f~8__ or by internet www.childsupport.state, pa,us ServiCe Type M Page 2 of 2 OM8 NO.: 0970-0154 Form EN'028 Worker ID $IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CHERYL J. PURCELL ) Docket Number Plaintiff ) vs. ) PACSES Case Number WILLIAM C. PURCELL Defendant ) Other State ID Number 01-5298 CIVIL 212103957 ORDER AND NOW, to wit, on this 25TH DAY OF FEBRUARY, ORDERED that the support order in this case be C) Vacated or (~) Terminated without prejudice or (~) Terminated and Vac, ated, effective januARY 31, 20o3 , due to: THE PARTIES' MARITAL SETTLEMENT AGREEMENT OF JANUARY 31, BALANCE DUE. 2 o o 3 IT IS HEREBY C) Suspended or 2003. THERE IS NO XC: RJ Shadday plaintiff defendant Marlin McCaleb, Esquire Edward Weintraub, Esquire BY THE COURT: Edward E. Guido JUDGE Service Type M Form 0E-504 Worker ID 210 05 William C. Purcell, Plaintiff * NO. 01-5298 Cheryl J. Purcell, * CIVIL ACTION. LAW Defendant * IN DIVORCE * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA P N R To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: September 18, 2001 via Sheriff. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: December 9, 2002. by defendant: October 22, 2002. 4. Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 17, 2002. 5. Related claims pending: None. 6. Plaintiff and Defendant have signed a Martial Settlement Agreement dated January 31, 2003. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301(c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and to incorporate the terms of the Separation and Property Settlement Agreement in accordance with Section 301(a)(1) and (4) and~ Dated: ~ !~/0'~ Attdrney for Plaintiff' --"-" ~ iN THE COURT OF COMMON William C. Plaintiff VERSUS Cheryl J. Purcell Defendant OF CUMBERLAND COUNTY STATE OF ~ PENNA. Purcell PLEAS N o. 01-5298 DECREE iN AND NOW, DIVORCE 3.' 2003 , it iS ORDERED AND DECREED That , PLAINTIFF, AND Cheryl J. Purcell , 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 Marital Settlement Agreement, dated January 31, 2003, is incorporated ATTEST: PROTHONOTARY LAW OFFICES MARLIN R. McCALEB WILLIAM C. PURCELL, Plaintiff VS. CHERYL J. PURCELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5298 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR JUDGMENT OF NON PROS TO THE PROTHONOTARY: Please enter Judgment of Non Pros in favor of the Defendant and against the Plaintiff upon the cause of action in divorce (indignities) set forth in Paragraph 10 of COUNT I in Plaintiff's Amended and Restated Complaint in Divorce herein, for Plaintiff's failure to file a Bill of Particulars within twenty (20) days from service of thFRule t/~o s~ Date: December ~ , 2002 ~/~,~~-~' Marlih ~. McCaleb Attorney for Defendant JUDGEMENT OF NON PROS AND NOW, THIS ~ day of December, 2002, a Judgment of Non Pros is entered in favor of the Defendant and against the Plaintiff on the claim of indignities as set forth in Paragraph 10 of COUNT I of Plaintiff's Amended and Restated Complaint in Divorce. ~ ProthOnotary ~ WILLIAM C. PURCELL, Plaintiff vs. CHERYL J. PURCELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5298 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WIT~IDRAW PETITION TO THE PROTHONOTARY: Please withdraw Defendant,s Petition for Equitable Distribution, Counsel Fees, Costs and Expenses, Alimony Pendente Lite and Alimony, and all,aims therein, previously filed in t~e above-captioned acting/On O~72~3//~001. Date: ~F// /9'- , 2003 .~~_~_~ Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, PA 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Defendant LAW OFFICES MARLIN R. McCALEB