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HomeMy WebLinkAbout06-0347WESLEY P. ZIMMERMAN, IN THE COURT OF COMM7 PLEAS OF Plaintiff CUMBERLAND COUNTY, P NNSYLVANIA v CIVIL ACTION - LAW NO. UG- ?7'7 Lu ( ?^ LORETTA L. ZIMMERMAN, 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 f it 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 right important to you, including custody or visitation of your children. When grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is availab e in the office of the Prothonotary at Cumberland County Courthouse, I Courthouse Square, Carlis e, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISIO OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULM NT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT NCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V LORETTA L. ZIMMERMAN, Defendant CIVIL ACTION - LAW'? r NO. 0G ,Y'7 eeex:c Ile... IN DIVORCE COMPLAINT IN DIVORCE UNDER AND NOW, comes the above named Plaintiff, Wesley P. Zimme an, by and through his attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: Plaintiff, Wesley P. Zimmerman, is an adult individual presently re Road, Newville, Cumberland County, Pennsylvania 17241, since 1 2. Defendant, Loretta L. Zimmerman, is an adult individual 204 Fire House Road, Shippensburg, Cumberland County, Pei December 19, 2005. 3. The Plaintiff and Defendant are nationals and citizens of the United `. both have been bona fide residents of the Commonwealth of Pen six (6) months immediately previous to the filing of the Complaint in 4. The Plaintiff and Defendant were married on October 16, 2004, in l County, Pennsylvania. 5. 6. 7. 8. 9. There have been no prior actions of divorce or for annulment between at 139 Pine Knob residing at 17257, since es of America, and 4vania for at least vorce. Cumberland parties. Plaintiff has been advised that counseling is available and the Plainti may have the right to request that the court require the parties to participate in counseling. The marriage is irretrievably broken. The parties have lived separate and apart since December 19, 2005. The Plaintiff requests the court to enter a decree of divorce. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENS1BURG, PA 1725]-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to w ich Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. Bv: Richard L. Webber, Jr., Es Attorney for Plaintiff Attorney ID # 49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSPURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the pena ties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Dated: / -I Ili -11"(0 WEIGLE 9 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSiBURG. PA 17257-1397 ?- ?.: ., ?, :? ?. -,:; -.; ?, -? ?? w ??? __ ((o? ? ? __.. _._;_ \J CJ ?'? ? c? C1 It WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 06-347 LORETTA L. ZIMMERMAN, . Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Patricia A. Frey, being duly sworn according to law, deposes and says that on January 26, 2006, a true and attested copy of Notice to Defend and Claim Rights and Complaint in Divorce Under Section 3301(c) or 3301(d) of the Divorce Code were served upon the Defendant, Loretta L. Zimmerman. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Mrs. Loretta L. Zimmerman 204 Fire House Road Shippensburg, PA 17257 The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as "Exhibit A." ??C1?iLc-c??a i Patricia A. Frey Sworn to and subscribed before me this ls` day of February, 2006. Notary Public NOTARIAL SEAL PATRICIA L TOME No". ,y ?r.' !ic jtiIPPENSBURGBOROUGH.CUMBERLANDCDUNTY S My Commission Expires Jun 7. 2008 WEIGLE & ASSOCIATES. PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 f?? :? -` -l? ?9'} '_ i C: l':'7 ~ri 1 O'1 -1 `.-'-.. t WESLEY P. ZIMMERMAN, Plaintiff V LORETTA L. ZIMMERMAN, Defendant PROOF OF SERVICE -0 analiAliLz UP -0 N Q. C3 S B' Postage $ rr1 Certified Fee 0 1:3 C3 Return Re's Fee (Endorsement Required) C3 Restdcacl Delivery Fee Ll (Endorsement Required) M1 Total Postage a Fees 9 S 4"' To l7 O Loretta L? f`- 9 3D ?S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-347 IN DIVORCE 'JAN Q25 29 1P 1. Article Addressed to: Loretta L. Zimmerman 204 Fire House Road Shippensburg, PA 17257 A. ignature -Q Agent ??-'' ? Addressae B. Received by (-P7rinted Name C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ;Certlfled Mail ?_?+'press Mail ? Registered Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number r / (Transfer from service label) 700 3/ 0 7? ,0 0063 / 7 V,* Z!2 6, PS Form 3811, August 2001 Domestic Return Receipt 102595 o1-m-2509 EXHIBIT "A" WEIGLE 6. ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - 5HIPPENSBURG. PA 1]257-139] praappr F\FILESVDATAFILEAG ne,elACurrenrA549272 G¢ared. 41241W 934AM Revised: 4/24/06 9'.39AM WESLEY P. ZIMMERMAN, Plaintiff v LORETTA L. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 347 IN DIVORCE PRAECIPE To the Prothonotary: Please enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO for the Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By Michael J. Collins Attorney I.D. No. 200427 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 24, 2006 Attorneys for Defendant CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe for Entry of Appearance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard L. Webber, Jr., Esquire WEIGLE & ASSOCIATES, P.C. 126 West King Street Shippensburg, PA 17257 MARTSON DEARDORFF WILLIAMS & OTTO B 4??4A, J64? Mary rice Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 24, 2006 F:\FILES\DATAFILE\General\Current\5492.72. apiclaim/tde Created: 4/27/06 4:15PM Revised: 5/17/06 9:48AM Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 200427 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant WESLEY P. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 06-347 CIVIL ACTION - LAW LORETTA L. ZIMMERMAN, Defendant/Petitioner IN DIVORCE DEFENDANT'S CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES AND NOW, comes the Defendant, Loretta L. Zimmerman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and respectfully petitions the Court that: 1. Petitioner is Defendant above named, who currently resides at 204 Fire House Road, Shippensburg, PA 17257. 2. Respondent is the Plaintiff above named, who currently resides at 139 Pine Knob Road Newville, PA 17241. 3. Petitioner and Respondent were married on October 16, 2004. 4. Respondent has filed a Complaint for Divorce on or about January 18, 2006, to the above term and number. 5. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 6. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 7. Respondent earns an income and has substantial assets. 8. Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. WHEREFORE, Petitioner/Defendant respectfully requests this Honorable Court enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Date: o(5--/ (s 1(!)G MARTSON DEARDORFF WILLIAMS & OTTO By It V4??? Michael J. Collins, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: Loretta L. Zinuierman DOB: 5/1/1973 SSN: 175-68-1265 ADDRESS: 204 Fire House Road Shippensburg, PA 17257 PHONE: 717-776-7853 ATTORNEY: Michael J. Collins, Esq. PETITONER'S EMPLOYMENT: HOW LONG: 1/05 - present Martin's Bella Custcros NF QY: $600.00 PER: Month** JOB TITLE: Body shop Technician she works - not steady employment OTHER INCOME (AMOUNT, SOURCE): N/A RESPONDENT: Wesley P. Zixmtezman DOB: 8/16/1973 SSN: Unknown ADDRESS: 139 Pine Knob Road, Newville, PA 17241 PHONE: 717-776-3990 ATTORNEY: Richard L. Webber, Esq. RESPONDENT'S EMPLOYMENT: HOW LONG: unknown Depaitment of Transportation NET PAY-Unknown PER: JOB TITLE: Unknown OTHER INCOME (AMOUNT, SOURCE): unknown WHEN MARRIED: October, 2004 WHERE: l , DATE SEPERATED: December, 2005 the ?'`? ?? J ?? WHERE LAST LIVED TOGETHER: 139 Pine Knob Road, Newville, PA 17241 FOR DRS INFORMATION ONLY .. VERIFICATION The foregoing Claim for Alimony Pendente Lite is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if l make knowingly false averments, I may be subject to criminal penalties. Loretta L. ZimmermanF:\FILES\DATAFILE\General\Curcent\5492.72. aplcl aim CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Claim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard L. Webber, Jr., Esquire WEIGLE & ASSOCIATES, P.C. 126 West King Street Shippensburg, PA 17257 MARTSON DEARDORFF WILLIAMS & OTTO By A, C6& Mary Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /?8/Olo b C7 N , © co CD Y -- C7 h fi `r F:\FILES\DATAFILE\General\Currenl\5492.72. aplclai m/tde Created: 4/27/06 4:15PM Revised: 5/17/06 9:48AM Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 200427 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant WESLEY P. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 06-347 CIVIL ACTION - LAW LORETTA L. ZIMMERMAN, Defendant/Petitioner IN DIVORCE DEFENDANT'S CLAIM FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES AND NOW, comes the Defendant, Loretta L. Zimmerman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and respectfully petitions the Court that: 1. Petitioner is Defendant above named, who currently resides at 204 Fire House Road, Shippensburg, PA 17257. 2. Respondent is the Plaintiff above named, who currently resides at 139 Pine Knob Road Newville, PA 17241. 3. Petitioner and Respondent were married on October 16, 2004. 4. Respondent has filed a Complaint for Divorce on or about January 18, 2006, to the above term and number. 5. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 6. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 7. Respondent earns an income and has substantial assets. r 8. Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. WHEREFORE, Petitioner/Defendant respectfully requests this Honorable Court enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. MARTSON DEARDORFF WILLIAMS & OTTO -XGa By Michael J. Collins, Esquire Date: oG-/ I$ IOG Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: Loretta L. Zinu erman DOB: 5/1/1973 SSN: 175-68-1265 ADDRESS: 204 Fire House Road Shippensburg, PA 17257 PHONE: 717-776-7853 ATTORNEY: Michael J. Collins, Esq. PETITONER'S EMPLOYMENT: HOW LONG.- 1/05 - present Martins Bella Customs N?Y: $600.00 PER: Month** JOB TITLE: Body Shop Technician she works - not steady employment OTHER INCOME (AMOUNT, SOURCE): N/A RESPONDENT: Wesley P. Zimmerman DOB: 8/16/1973 SSN: Unkno m ADDRESS: 139 Pine Knob Road, Newville, PA 17241 PHONE: 717-776-3990 ATTORNEY: Richard L. Webber, Esq. RESPONDENT'S EMPLOYMENT: HOW LONG: Unknown Department of Transportation NET PAY-Unknown PER: JOB TITLE: Unknown OTHER INCOME (AMOUNT, SOURCE): Unknown WHEN MARRIED: October, 2004 WHERE: DATE SEPERATED: December, 2005 Nc°_ W to v?? PA- WHERE LAST LIVED TOGETHER: 139 Pine Knob Road, Newville, PA 17241 FOR DRS INFORMATION ONLY VERIFICATION The foregoing Claim for Alimony Pendente Lite is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if l make knowingly false averments, I may be subject to criminal penalties. Loretta L. ZimmermanF:\FILES\DATAFILE\General\Cucrent\5492.72. apl claim CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Claim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard L. Webber, Jr., Esquire WEIGLE & ASSOCIATES, P.C. 126 West King Street Shippensburg, PA 17257 MARTSON DEARDORFF WILLIAMS & OTTO BY V1,G,41'0e -jq Mary Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /j8/p? n 4 u. R'1? =< co C) N in -j in W ? ?--1 N x.17 RO WESLEY P. ZIMMERMAN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 313108298 ORDER OF COURT AND NOW, this 19`h day of May, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on Monday, June 12, 2006 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on May 19, 2006 to: Petitioner Respondent Michael J. Collins, Esquire Richard L. Webber, Jr., Esq. i Date of Order: May 19, 2006 -w J. S day, onference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 cz? ? ?7iTT ? r -r WESLEY P. ZIMMERMAN, Plaintiff V. IN THE COURT OF COMMI CUMBERLAND COUNTY, I DOCKET NO. 06-347 C LORETTA L. ZIMMERMAN CIVIL ACTION -LAW Defendant TO THE PROTHONOTARY OF SAID COURT: Please withdraw my appearance on behalf of the Plaintiff, above-captioned matter. Respectfully submitted, DATE S I 1 l o 6 7§?i(°(-- Richard L. Webber, Jr., Esq Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 (717) 532-7388 Please enter my appearance on behalf of the Plaintiff, Wesley P. captioned matter. Respectfully submitted, ABOM & KUTUL4MS, LLP DATE Kara W. Haggerty, 36 South Hanover Carlisle, PA 17013 (717) 249-0900 ID No. 86914 PLEAS NSYLVANIA TERM Zimmerman, in the in the above- f CERTIFICATE OF SERVICE L AND NOW, this ZL day of 2006, I, Ka: & KUTULAKIS, LLP, hereby certify that I did e a true and correct Praecipe to Withdraw Appearance and Praecipe of Entry of be deposited, same in the United States Mail, First-class mail, postage following: Michael J. Collins, Esquire Mattson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULAUS, DATE oc? 14u-w. Kara W. Haggerty, 36 South Hanover Carlisle, PA 17013 (717) 249-0900 ID No. 86914 W. Haggerty, of ABOM spy of the foregoing by depositing, or causing to addressed to the -- Ca ? rtt CZ) WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN, IN DIVORCE Defendant/Petitioner PACSES # 313108298 ORDER OF COURT AND NOW, this 12th day of June, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $650.00 and Respondent's monthly net income/earning capacity is $2007.62, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $433.33 per month payable as follows: $400.00 for alimony pendente lite and $33.33 on arrears. First payment due next pay date in the amount of $200.00 bi-weekly. Arrears set at $400.00 as of June 12, 2006. The effective date of the order is May 18, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Loretta L. Zimmerman. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 76% by Respondent and 24% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Respondent is to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon the length of marriage of the parties and that the Petitioner is residing at her parents' home. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney DRO: R. J. Shadday BY THE COURT, Mailed copies on: Petitioner June 13, 2006 Respondent Michael J. Collins, Esq. Richard L. Webber, Jr., Esq. Ke A. Hess, J. A1.5 1 N ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 313108298 Qx Original Order/Notice Co./City/Dist. of CUMBERLAND 06-347 CIVIL O Amended Order/Notice Date of Order/Notice 06/12/06 O Terminate Order/Notice Case Number (See Addendum for case summary) RE: ZIMMERMAN, WESLEY P. EmployerNVithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 196-54-4108 Employee/Obligor's Social Security Number 1680101671 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) HARRISBURG PA 17105-8006 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 400.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 400.00 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: $ 92.31 per weekly pay period. $ 184.62 per biweekly pay period (every two weeks). $ 200. oo per semimonthly pay period (twice a month). $ 400.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 0 0) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: L Date of Order: JUN 13 7006 • ?'R ?+. Kevin A ess, Judge DRO: R. J. Shadday Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke l you are required to provide a copy of this form to yourem?loyee. If yoYr employee %rks in a state tha?is di erent rom the state that issued this order, a copy must be provi a to your emp ogee even if t e box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. paydateMate of withholding is the clate on vv I. ich a, nount was withheld fron, the employee's wares. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: ZIMMERMAN, WESLEY P. EMPLOYEE'S CASE IDENTIFIER: 1680101671 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeetobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 09760154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ZIMMERMAN, WESLEY P. PACSES Case Number 313108298 PACKS Case Number Plaintiff Name Plaintiff Name LORETTA L. ZIMMERMAN Docket Attachment Amount Docket Attachment Amount 06-347 CIVIL $ 400.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 0970-0154 c? N _ ? f- , t:. ?, ?:,, - s ?s rn? -n m W ?"-???i "h ? Ls .. --r ?:? ?? :? sr.7 -< ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/19/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT 196-54-4108 Employee/Obligor's Social Security Number 1680101671 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 8006 associated with cases on attachment) HARRISBURG PA 17105-8006 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 400.00 per month in current support $ 33.33 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0. oo per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 433.33 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: $ loo. oo per weekly pay period. $ 200. oo per biweekly pay period (every two weeks). $ 216.67 per semimonthly pay period (twice a month). $ 433.33 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). if remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: JUN 2 U 2046 DRO: R.J. Shadday Service Type M 313108298 0 Original Order/Notice 06-347 CIVIL X? Amended Order/Notice O Terminate Order/Notice RE:ZIMMERMAN, WESLEY P. Employee/Obligor's Name (Last, First, MI) Kevits . Hess, Judge Form EN-028 OMB No, 0970-0154 XA1.,•1,u• I n $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to pr vide a opy of this form to your, mployee. If yo r employee orks in a state that is ditgferent from the state that issue this order, a copy must be provic?ecPto your employee even if tt e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/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. 3.* rnern. ire You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: ZIMMERMAN, WESLEY P. EMPLOYEE'S CASE IDENTIFIER: 1680101671 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. Fortribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I i.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 (7171 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No, 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ZIMMERMAN, WESLEY P. PACSES Case Number 313108298 PACSES Case Number Plaintiff Name Plaintiff Name LORETTA L. ZIMMERMAN Docket Attachment Amount Docket Attachment Amount 06-347 CIVIL $ 433.33 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ?if checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No, 09)0-0154 (ilk Tl iii r ^t WESLEY P. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN CIVIL ACTION -LAW Defendant/Petitioner: APPEAL OF RECOMMENDED ORDER FOR ALIMONY PENDENTE LITE DATE OF ORDER: June 12, 2006 AMOUNT OF ORDER: $433.33 per month FOR THE SUPPORT OF: Loretta L. Zimmerman DATE OF APPEAL: June 22, 2006 REASON FOR APPEAL: 1. Wife resides with her parents at no expense to her. 2. Wife is capable of full-time employment that is not sporadic in nature. 3. Wife is entitled to child support for her daughter. 4. Wife has been working part-time on the side for additional income. NAME OF PLAINTIFF REQUESTING APPEAL: Wesley P. Zimmerman Respectfully submitted, ABOM & KumASls, LLP DATE 01, 12Z DLL k'.o Kara W. Haggerty, e Attorney for the P 11 dent 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 CERTIFICATE OF SERVICE AND NOW, this ray of 2006, I, Kara W. Haggerty, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw Appearance and Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Michael J. Collins, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Respectfully submitted, DATE OLPI z3 Lot, ABom & KUTULAKIS, LLP Carlisle, PA 17013 (717} 249-0900 ID No. 86914 VE 9 ,?,? 4 yed" Kara W. Haggerty, E i 36 South Hanover St r> i > ('?, r' ,Sr 1l ?J ? fii N ^'? C.J ? r ?, '"-j Cif `J:S `? J c 1 CrcM : '. 4//227J1 /0 4'.15PM Re d6 2:01PM Michael J. Collins, Esquire MART ON DEARDORFF WILLIAMS & OTTO I.D. 20 27 10 East High Street Carlisle PA 17013 (717)2 3-3341 for Defendant P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 06-347 CIVIL ACTION - LAW L. ZIMMERMAN, Defendant IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIM NOW, comes the Defendant, Loretta L. Zimmerman, by and through her attorneys, DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: -9. Admitted. Defendant respectfully requests the Court to enter a Decree of Divorce. COUNTI CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE The prior paragraphs of this Answer and Counterclaim are incorporated herein by Plaintiffand Defendant are the joint owners as tenants bythe entireties ofcertain real estate which is subject to equitable distribution by this Court. Plaintiffand Defendant are the owners ofvarious items ofpersonal property, fiuniture and fiunishings acquired during their marriage which are subject to equitable distribution by this Court. 3. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts during their marriage which are subject to equitable distribution by this Court. I Defendant respectfully requests the Court to enter an Order of equitable of marital property pursuant to Section 3502 (a) of the Divorce Code. COUNT II 4. The prior paragraphs of this Answer and Counterclaim are incorporated herein by Defendant requests your Honorable Court to allow alimony as it deems reasonable to Section 3701 of the Pennsylvania Divorce Code. Defendant requests the Court to enter a Decree: Dissolving the marriage between Plaintiff and Defendant; Equitably distributing all property owned by the parties hereto; Awarding alimony as the Court deems just and reasonable; and For such further relief as the Court may determine equitable and just. MARTSON DEARDORFF WILLIAMS & OTTO By VAJ kA? Michael J. Collins, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: lz??o? VERIFICATION statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 unswom falsification to authorities, which provides that if l make knowingly false averments, I foregoing Answer and Counterclaim is based upon information which has been gathered by in the preparation ofthe lawsuit. The language ofthe document is that ofcounsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best ofmy knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. may be to criminal penalties. Loretta L. Zimmerman CERTIFICATE OF SERVICE TriciaD. Eckenroad,an authorized agent forMartsonDeardorft'Williams&Otto, hereby certify that a co y ofthe foregoing Answer and Counterclaim was served this date by depositing same in the Post Office a Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard L. Webber, Jr., Esquire WEIGLE & ASSOCIATES, P.C. 126 West King Street Shippensburg, PA 17257 MARTSON DEARDORFF WILLIAMS & OTTO ncia D. Eckenroad East High Street Carlisle, PA 17013 (717) 243-3341 Dated: IILwu a4, L Q" v` 6 d ae n rte' T.,. w i r- f t'7 `O a C In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LORETTA L. ZIMMERMAN ) Docket Number 06-347 CIVIL Plaintiff ) VS. ) PACSES Case Number 313108298 WESLEY P. ZIMMERMAN ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, WESLEY P. ZIMMERMAN 139 PINE KNOB RD, NEWVILLE, PA. 17241-8645-39 are ordered to appear at DOMESTIC RELATIONS HEARING RM of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 18TH DAY OF SEPTEMBER, 2006 the prior hearing date of JULY 25, 2006 at 1:30PM fora hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Worker ID 21302 ZIMMERMAN V. ZIMMERMAN PACSES Case Number: 313108298 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which parry initiated the support action. BY THE COURT: Date of Order: -1-2y'oo YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. JUDGE CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Worker ID 21302 f ? <a? ?1) ul i? -n .J L -?? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LORETTA L. ZIMMERMAN ) Docket Number 06-347 CIVIL Plaintiff ) VS. ) PACSES Case Number 313108298 WESLEY P. ZIMMERMAN ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING YOU, LORETTA L. ZIMMERMAN 204 FIREHOUSE RD, SHIPPENSBURG, PA. 17257-9733-04 are ordered to appear at DOMESTIC ABLATIONS HEARING PM of DOMESTIC ABLATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 18TH DAY OF SEPTEMBER, 2006 at 1:30PM fora hearing. This date replaces the prior hearing date of JULY 25, 2006 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Worker ID 21302 ZIMMERMAN V. ZIMMERMAN PACSES Case Number: 313108298 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: T --00 /9. ?`,4 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-622s . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 C) r.? <^? ._,, `r? --+ `?' ? i z ;.> G: ? . l r t _ ..` -... •: c WESLEY P. ZIMMERMAN, Plaintiff V. LORETTA L. ZIMMERMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-347 CIVIL TERM : CIVIL ACTION - IN LAW : DIVORCE TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW DIVORCE COMPLAINT UNDER SECTIONS 33010 AND (d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Wesley P. Zimmerman, by and through his attorneys, Abom & Kutulalds, L.L.P., and Michelle L. Sommer, Esquire, wish to withdraw the Divorce Complaint that was filed with the Cumberland County Prothonotary against the above-named Defendant, Loretta L. Zimmerman, on February 6, 2006. Respectfully submitted, AB0M&KU7VLAXT4 LLP DATE I 00 ?. rrurnau Michelle L. Sormn squire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaintiff CERTIFICATE OF SERVICE AND NOW, this -q-- day of hALa , 2006, I, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., hdeby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw Divorce Complaint under Sections 3301 (c) and (d) of the Divorce Code by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Michael J. Collins, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, Pennsylvania 17013 Attorney for the Defendant Respectfully submitted, DATE S?f OCe ABOM&%UTULAKTS, LLP U/ llJ!< yt? Michelle L. Somm , Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaintiff ?' c s Ca • F:\ S\DATAMU\Gm aX? \5492.J2.mo iomwWcryexupr/[de Crate: 4/271M 4.15PM Revue 9/14/06 0:19PM Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 200427 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant WESLEY P. ZIMMERMAN, Plaintiff v LORETTA L. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-347 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PETITION TO STRIKE PRAECIPE TO WITHDRAW DIVORCE COMPLAINT AND NOW, comes the Defendant, Loretta L. Zimmerman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: Plaintiff filed a Complaint for Divorce on January 18, 2006. 2. On May 18, 2006, Defendant filed a Claim for AlimonyPendente Lite and received an Order dated June 12, 2006, for $400.00 per month in Alimony Pendente Lite and $33.00 per month in back support, inter alia. A true and accurate copy of that Order is attached hereto as Exhibit "A." Additionally, on June 26, 2006, Defendant filed an Answer and Counterclaim, which alleged causes of action for Alimony and Equitable Distribution. A true and accurate copyofDefendant's Answer and Counterclaim and cover letter is attached hereto as Exhibit "B." 4. Alimony and Equitable Distribution are still outstanding issues in the above action. 5. Despite the fact that these issues remain, Plaintiff filed a Praecipe to Withdraw Divorce Complaint on August 9, 2006. 6. Plaintiffnever sought consent ofDefendant to withdraw his Petition and because there are remaining issues of support and property division, Plaintiffdoes not consent to the discontinuance ofthe action. 7. It is believed and therefore averred that Plaintiffwithdrew his Divorce Complaint to avoid having to pay Alimony Pendente Lite. A true and accurate copy of a letter from Plaintiffs attorney dated August 9, 2006, is attached hereto as Exhibit "C," as support for this assertion. 8. Because alimony and equitable distribution remain as issues in the above case, and because Defendant is in need of support to resolve these litigable issues, the Alimony Pendente Lite award must continue. WHEREFORE, Defendant hereby requests that this Court enter an Order vacating Plaintiff s Praecipe to Withdraw and reinstate its June 12, 2006 Order for Alimony Pendente Lite; or, in the alternative, for an Order converting its June 12, 2006, from Alimony Pendente Lite to Spousal Support, to continue until Plaintiff re-files for Divorce after the two year separation time period under the statute. MARTSON DEARDORFF WILLIAMS & OTTO By WJJ. Date: 1 14/0(,//7 Michael J. Collins, Esgt Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Strike Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michelle L. Sommer, Esquire 36 South Hanover Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff MARTSON DEARDORFF WILLIAMS & OTTO gy Mary rice Ten E High Street Carlisle, PA 17013 (717) 243-3341 Dated: F)r l /" EXHIBIT A In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 JUNE 12, 2006 MICHAEL J. COLLINS, ESQ. CIO MARTSON DEARDORFF WILLIAMS & OTTO 10 E HIGH ST CARLISLE PA 17013-3015 Distribution Cover Letter Plaintiff Name: LORETTA L. ZIMMERMAN Defendant Name: WESLEY P. ZIMMERMAN PACSES Case Number: 313108298 Please note: AB correspondence must include the PACSES Case Number. Dear MICHAEL J. COLLINS, ESQ. Please note the attached document and/or correspondence. This information is being sent to update you on the above captioned case. Sincerely, R. 3. SHADDAY Form CM-520 Service Type M Worker ID 21005 WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff /Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN, IN DIVORCE Defendant/Petitioner PACSES # 313108298 ORDER OF COURT AND NOW, this 12th day of June, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $650.00 and Respondent's monthly net income/eaming capacity is $2007.62, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $433.33 per month payable as follows: $400.00 for alimony pendente lite and $33.33 on arrears. First payment due next pay date in the amount of $200.00 bi-weekly. Arrears set at $400.00 as of June 12, 2006. The effective date of the order is May 18, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Loretta L. Zimmerman. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 76% by Respondent and 24% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Respondent is to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon the length of marriage of the parties and that the Petitioner is residing at her parents' home. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney DRO: R. J. Shadday BY THE COURT, Mailed copies on: Petitioner June 13, 2006 Respondent Michael J. Collins, Esq. / Richard L. Webber, Jr., Esq. Ke ' A. Hess, J. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 313108298 Docket Number: 06-347 CIVIL Other State ID Number: Please note: All correspondence must include the PACSES Case Number. JUNE 12, 2006 SUMMARY OF TRIER OF FACT Plaintiff Information Defendant Information LORETTA L. ZIMMERMAN WESLEY P. ZIMMERMAN Address: 204 FIREHOUSE RD SHIPPENSBURG PA 17257-9733 Employer: MARTINS BELLA CUSTOMS 55 ARMY HERITAGE DR CARLISLE PA 17013-8858 Attorney: Address: 139 PINE KNOB RD NEWVILLE PA 17241-8645 Employer: BUREAU OF COMMONWEALTH CIO PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 Attorney: MICHAEL J. COLLINS ESQ. KARA W. HAGGERTY, ESQ. ? Complaint for Support C1 Petition for Modification Filed ® Other Reason for Conference: WIFE FILED FOR ALIMONY PENDENTE LITE. Dependent(s) Current Order: $ o . o o / per month NEW ACTION Service Type M Form CM-022 vl Worker lD 21005 ZIMMERMAN V. ZIMMERMAN PACSES Case Number: 313108298 Current Income: $150.OOW/WK UC BENEFITS $650.00/M NET 1197.72/WK GROSS AVERAGE $2007.62/M NET Tax Return: H-2 P-1 Medical Coverage: HUSBAND HAS COVERAGE HUSBAND HAS COVERAGE AT A COST OF $68.48/B FOR HIMSELF, WIFE, & HER DAUGHTER. (DEF WILL KEEP HER DAUGHTER COVERED UNTIL THE DIVORCE IS FINAL) Child Care/Tuition: Additional Obligations: HAS 9 YR OLD DAUGHTER Other Information: 10/16/04: PARTIES WERE MARRIED. 12/05: PARTIES SEPARATED 12/05: PLTF HAS SURGERY FOR BREAST CANCER 1/18/06: HUSBAND FILED FOR DIVORCE. DEF LIVES IN THE MARITAL HOME THAT IS PRE-MARITAL AND IS OWNED BY HIM. DEF ALSO INHERITED A GARAGE W/ 3 ACRES. THE GARAGE HAS BEEN RENTED AND IT IS NOT CURRENTLY RENTED. PLTF IS RECEIVING UC BENEFITS. SHE DETAILS CARS AND THE WORK IS SPORADIC. HER AVERAGE INCOME FOR 2005 WAS $253.72. SHE DID 5-6 CARS ON THE SIDE IN 2005 ® $80.00 PER VEHICLE FOR FAMILY & FRIENDS. PLTF IS CURRENTLY UNDERGOING RADIATION TREATMENT. SHE HAS COMPLETED THE CHEMOTHERAPY. SHE WILL HAVE RECONSTRUCTIVE SURGERY IN AUGUST/SEPTEMBER OF THIS YEAR. WINE AND HER DAUGHTER RESIDE W/ HER PARENTS AND SHE WILL 2RR LY STAY THERE UNTIL HER TREATMENTS ARE COMPLETED. SHE NEVER FILED FOR CHILD SUPPORT FOR HER DAUGHTER AS THE Page 2 of 3 Form CM-022 vi Service Type M Worker ID 21005 ZIMMERMAN V. ZIMMERMAN PACSES Case Number: 313108298 Other Information (continued): FATHER RESIDES IN FREDERICK MD AND WAS IN JAIL. Facts Agreed Upon: Facts in Dispute and Contentions with Respect to Facts in Dispute: Guideline Amount: $ 518.85 / MONTH DRS Recommended Amount: $ 4oo oo /MONTH DRS Recommended Order Effective Date: 05/18/06 Parties to be Covered by Recommended Order Amount: WIFE Guideline Deviation: ® YES or ONO Reason for Deviation: LENGTH OF MARRIAGE & WIFE RESIDING W/ HER PARENTS. Submitted by: R. J. SHADDAY Date Prepared: JUNE 12, 2006 Page 3 of 3 Form CM-022 v 1 Service Type M Worker ID 21005 WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff'Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 0&347 CIVIL TERM LORETTA L. ZIMMERMAN, IN DIVORCE DefendandPeddoner PACSES# 313108298 NOTICE OF RIGHT TO REQUEST A HEARING The parties are hereby advised that they have until June 23, 2*V6 to request a hearing do novo before the Court. File request in person at: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 Or mail to: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 CC363 EXHIBIT B MARIWN C3L-ou),)ltl'I_W a i. i,,AIa 8 LLO 1VID??1 U Ian .n.LV;?IS, AI"-ar •,1„v. ,. v, ) 10 E.Aii }il(u SNiL I CteLlct. Pi vN>) Lvov-v 17013 Tm,rIIov Cl')143-3341 FA(SHI!Li. ('1') 1_43-lsSo Ivu:I?Ir ww.v.mJ?w cool June 26, 2006 Kara W. Haggerty, Esquire ABOM & KUTULAKIS 36 South Hanover Street Carlisle, PA 17013 .1rma?l rs dl: CI+:.v;L!.I ,?e, 1.r 1. vn. W'ILI Ir.nl P. Sl:vk ra<?? C:vei C'. Po<<n Jags B. F'oHtl-.¢ III D.vvla ?. Pn i???u??,. 1)4AIIl K. UI tiwoR,I CiraISIUrPIIIH F. Ric( Tiiovy, i.'A [i (i " TF v,fl k L. Sri u:', I\f?V ()rri III H!I t.v.o UI GI rwu F3. F.v It II<.' bhcil I_ Co! RE: Wesley P. Zimmerman v. Loretta L. Zimmerman Docket No. 06-347 Civil Term Our File No. 5492.72 Dear Ms. Haggerty: Enclosed is a time-stamped copy of the Defendant's Answer and Counterclaim filed today with the Cumberland County Prothonotary. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Michael J. Collins MJC/mmp Enclosure cc: Ms. Loretta Zimmerman F 1FILES'DATAFILEICvmrel%Corrnn\5442'2 LIC 1K FORMAT 1 04 • AI)v ICE • AU v oCACY "I F\FILES\ ATAFILE\General\Cumcnt\5492 . R. ans/tde Created'. 4121/06 4 15PM Revised 6123106 2Y 01PM Michael J. Collins, Esquire -= MARTSON DEARDORFF WILLIAMS & OTTO _ I.D. 200427 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-347 CIVIL ACTION - LAW LORETTA L. ZIMMERMAN, Defendant IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Loretta L. Zimmerman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1-9. Admitted. WHEREFORE, Defendant respectfully requests the Court to enter a Decree of Divorce. COUNTI CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 10. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference. 11. Plaintiff and Defendant are the joint owners as tenants by the entireties ofcedain real estate which is subject to equitable distribution by this Court. 12. Plaintiff and Defendant are the owners ofvarious items of personal property, furnitureand household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 13. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Defendant respectfully requests the Court to enter an order of equitable Distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. COUNT II CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 14. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference. 15. Defendant requests your Honorable Court to allow alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests the Court to enter a Decree; A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Awarding alimony as the Court deems just and reasonable; and D. For such further relief as the Court may determine equitable and just. MARTSON DEARDORFF WILLIAMS & OTTO By -741 I,r?luJ , Michael J. Collins, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: CV2-,, ? VERIFICATION The foregoing Answer and Counterclaim is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to mycounsel, it is true and correct to the best of myknowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that ifI make knowingly false averments, I may be subject to criminal penalties. Loretta L. Zimmerman F W LRSUATAFILEIGrnenF .u 5C92.V2,. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Manson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer and Counterclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard L. Webber, Jr., Esquire WEIGLE & ASSOCIATES, P.C. 126 West King Street Shippensburg, PA 17257 MARTSON DEARDORFF WILLIAMS & OTTO G2 (l/ neet Carlisle, PA 17013 (717) 243-3341 Dated: Lou a6 ` 6 4 EXHIBIT C OM & LITLILAKIS ATTORNEYS AT LAW August 9, 2006 Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, Pennsylvania 17013 Re: Wesley Zimmerman v. Loretta Zimmerman Docket No: 06-347 Civil Term Our File No: 06-110 Dear Mr. Collins: Enclosed please find a copy of my client's Praecipe to Withdraw his Divorce Complaint. Unfortunately, this means that APL will immediately cease for your client since a divorce action will no longer be pending. Mrs. Zimmerman and her daughter; however, will remain on Mr. Zimmerman's healthcare plan for the time being. As of right now, Mr. Zimmerman has no immediate plans to file for divorce and clearly understands the consequences of his actions. As a direct result, they will continue to be married. Since he and Mrs. Zimmerman have been living separate and apart since December 2005, the clock will continue to count towards the two-year separation should either party decide in December 2007 they would like to file a Divorce Complaint under Section 3301(d). Should you have any questions or concerns, please do not hesitate to contact me. Very truly yours, ABOM & KuruLAKis, L.L.P. \)? " 4-,A Michelle L. Sommer, Esquire Enclosures cc: Wesley Zimmerman 40 NORTH SECOND STREET CHAMRERSRuRG, PA 17201 (717) 267-0900 REPLY To, 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 FAx MM 249-3344 106 WALNUT STREET HARRISBURG, PA 17101 (717) 232-9511 ? w z- ? O `v ,? i' r?' ?„ r ''! c rn ? -?. -r- C. r ?n ry ? ? ? _ ?? ?, ?`_ n •-? r L ..? C..+? y ? K WESLEY P. ZIMMERMAN, Plaintiff/Respondent v LORETTA L. ZIMMERMAN, Defendant/Petitioner CEIVED IN THE COURT OF COMMON PLEAS OF No. 06-347 CIVIL ACTION - LAW AUG 14 2005 CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of A& 2006, upon consideration of Defendant's Petition to Strike Praecipe to Withdraw Divorce Complaint, aRule is hereby issued upon Plaintiffto show cause, if any he has, why Defendant should not be granted her Petition. RULE RETURNABLE in Z 0 days. IV-- jc' "Lt. -- 3 -ti (kV l7" I? S fi z ` a ? + a WESLEY P. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN : CIVIL ACTION - IN LAW Defendant : DIVORCE TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW THE PRAECIPE TO WITHDRAW DIVORCE COMPLAINT UNDER SECTIONS 33010 AND (d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Wesley P. Zimmerman, by and through his attorneys, Abom & Kutulalds, L.L.P., and Michelle L. Sommer, Esquire, wish to Withdraw the Praecipe to Withdraw the Divorce Complaint that was filed with the Cumberland County Prothonotary against the above-named Defendant, Loretta L. Zimmerman, on August 9, 2006. Respectfully submitted, DATE, IT O(e ABOM&SUTUMMS,LLP iam i- Iwo Michelle L. Sommd Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorneyfor the Plaintiff AND NOW, this ??kday of 2006, I, Michelle L Sommer, Esquire, of ABOM & KUTULAKIS, L.-P., hereby certify that I did serve a true and correct copy of the foregoing Withdraw the Praecipe to Withdraw the Divorce Complaint by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following. Michael J. Collins, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, Pennsylvania 17013 Attomey for the Defendant DATE ('J JP-100 Respectfully submitted, ABOM& KUTULAKTS, LLP " (k - IWWO Michelle L Sommer, Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attomgforthe Plaintiff .,, rt d tT ° ? < Y '.?.? ?? ? "i'V {Tt C' ? _ ?? r , ?.S 4 r`.. V3 . l t'-? '3'S ?: ?` i yT [r W ?'^ WESLEY P. ZIMMERMAN, Plaintiff V. LORETTA L. ZIMMERMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-347 CIVIL TERM CIVIL ACTION - IN LAW DIVORCE Wesley P. Zimmerman, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ x ] Alimony [ x ] Counsel Fees [ x ] Alimony Pendent Lite [ x ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Michael Collins, Esquire. 3. The statutory ground(s) for the divorce is: 3301(c) & (d). 4. The action is contested with respect to the following claims: alimony, alimony pendent lite, distribution of property, counsel fees and costs & expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: DATE U r k?wo- ?Ww?-? Kara W. Haggerty, Es e Attorney for Plaintiff AND NOW, 2006, Master with respect to the following claims: Esquire, is appointed BY THE COURT, J. E3 cN? d ° n c W WESLEY P. ZIMMERMAN, Plaintiff V. LORETTA L. ZIMMERMAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-347 CIVIL TERM : CIVIL ACTION - IN LAW : DIVORCE a All 1 8 Ill Wesley P. Zimmerman, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ x ] Alimony [ x ] Counsel Fees [ x ] Alimony Pendent Lite [ x ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Michael Collins, Esquire. 3. The statutory ground(s) for the divorce is: 3301(c) & (d). 4. The action is contested with respect to the following claims: alimony, alimony pendent lite, distribution of property, counsel fees and costs & expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. Additional information, if any, relevant to the motions: DATE A 1-7 O - V'zw 0• Kara W. Haggerty, Est e Attorney for Plaintiff ANDNOW, -2q 2006, Esquire, is appointed Master with respect to the following claims: 9 C;? BY COU , IN v rcuA a ?, c ? c - m o ? ? ,7 - `, . .. r? C.- y - 3 C> ?s7's C _ _ L. ? 1!?`zNN?d (?` ti,?aMf??„,N..,, a?? ??:a? ?z ?n? ?tiai n L ,??, ?o ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT G/& -T,)_W Olp -3147 CIVIL State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 09/19/06 Case Number (See Addendum for case summary) E m ployer/With holder's Federal EIN Number BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT 196-54-4108 Employee/Obligor's Social Security Number 1680101671 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 8006 associated with cases on attachment) HARRISBURG PA 17105-8006 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 220. 0o per month in current support $ 25. oo per month in past-due support Arrears 12 weeks or greater? Oyes Q no $ 0.00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 245.00 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: $ 56.54 per weekly pay period. $ 113. o8 per biweekly pay period (every two weeks). $ 122.50 per semimonthly pay period (twice a month). $ 245. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: SEP 2 Q 20% Service Type M O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: ZIMMERMAN, WESLEY P. Employee/Obligor's Name (Last, First, MI) * X4 --V? I'e vl n 1-/e55) Ju Form EN-108 Rev. OMB No.: 0970-0154 1 n i,..l.- .- l n $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If pecked you are required to provide a copy of this form to your employee. If yo4? r employee works in a state that is di ferent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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. 3.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: ZIMMERMAN, WESLEY P. EMPLOYEE'S CASE IDENTIFIER: 1680101671 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT r .,R ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ZIMMERMAN, WESLEY P. PACSES Case Number 313108298 PACSES Case Number Plaintiff Name Plaintiff Name LORETTA L. ZIMMERMAN Docket Attachment Amount Docket Attachment Amount 06-347 CIVIL $ 245.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 ° -n ?- ?^ F. ? ? l? '? ?1 y. .. ?`? • ?% ' ? .?? ? ? i ?., .-! WESLEY P. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION LORETTA L. ZIMMERMAN, PACSES NO. 313108298 Defendant/Petitioner DOCKET NO. 06-347 Civil INDEX OF EXHIBITS Petitioner's Exhibit No. I - Income and expense statement Respondent's Exhibit No. 1 - Earnings statement Respondent's Exhibit No. 2 - Expense statement • • In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Please note: All correspondence mum include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF Section I: Income and Insurance INCOME: Employer Address Type of Work Payroll No. Gross Pay per Pay Period $ Pay Period (wkly., bi-wkly., etc.) Itemized Payroll Deductions: Federal Withhold' $ Social Security $ Local Wage Tax $ State Income Tax $ Retirement $ Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ Other Deductions (specify) $ $ Net Pay per Pay Period $ OTHER (Fill in A ro riate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Workmen's Compensation Other Other • TOTAL $ $ TOTAL INCOME $ Service Type M PROPERTY Ownership OWNED DESCRIPTION VALUE H W J Checking Accounts ?vas+we,?`t $ 4o Savings Accounts `e Z3 Credit Union StocksiBonds Real Estate Other I I TOTAL Is 'T-a-06 0 * H=Husband; W=Wife; J=Joint Form 1N-008 Worker ID 21201 • Income and Expense Statement u PACSES Case Number INS RAN E Coverage U C COMPANY POLICY X H W C Hospital Blue Cross j 1 R lest fT m4 r , c Other Medics Blue Shield Other Health/Accident Disability Income Dental Other * H =Husband; W = Wife; C =Child Section II: Suoolemental Income Statement a. This form is to be filled out by a person 0 (1) who operates a business or practices a profession, or C] (2) who is a member of a partnership or joint venture, or [] (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature o business c one) C] (1) partnership ? (2) joint venture C] (3) profession [] (4) closed corporation [] (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 2 of 3 Form IN-008 Service Type M W-L--- rm E Income and Expense Statement Section III: Expenses 0 PACSES Case Number Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent S $ JZa S Maintenance Utilities Electric $ $ Zo S Gas oil Telephone 30 Water Sewer e Emnlo Public Transport. S $ $ Lunch Taxes Real estate $ $ $ Personal Property Insurance Homeowner's $ $ $ Automobile C 7 Too Life 1.1• Accident Health Other uto obi e Payments $ $ !Y $ Fuel '?10 Repairs Medical Doctor S S ° S Dentist Orthodontist Hospital Medicine i o Special 0"" (glasses, braces, v' ortbo EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Educatio Private School $ S $ Parochial School College Religious Personal Clothing $ S 140 $ Food 1 10 a Hairdresser r IS Credit Payments Credit Card SD Charge Memberships Loa Credit Union $ $ $ Miscellaneous Household Help $ $ S Cb id care d Pe lea Maeazint Entertainment 14 Pay TV Vacation Gifts , O Legal fees Chantable Contributions Other Child Suport oAllmony Payments Other S I s S Total WEEK MONTH YEAR Expenses • s $ 1Se S $ 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 the criminal penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date Service Type M Plaintiff or Defendant Page 3 of 3 Form IN-008 Worker ID 21201 Prepared By I I Approved By J 0 U M M O 00 00 1 J O U M M )I O 00 1. 1 > .il 21 2 2; 21 2, 2! 2E 2; 2£ 2? Y 31 K 3; 34 K 36 37 38 39 40 3de in U.S.A. 1 2 3 1? ? I, I Ttt ?O 04) -- / 0 00 av G I I H / /41 173 1101 - - -- - fl = ? ! ii - ' I 00 L L 4 ? U4 h - 1 • ? I -- - ?3L r O I 000'a L? ?' /nR?G? 3 ?? i 1 3 - -- XtG1? 14.1C1?? 3 1 4 I? Initials Date EPrepared BY tl By I ..1 O r-; M c 00 00 A J O U m M 1!: C ? I1 eA?n' 1: 14 1 is li lr 21 21 2; 2" 24 2` 2h 21 28 29 30 31 32 33 34 35 36 37 38 39 40 1 2 3 Lommonwea?tn of tiennsy?vania 00451E EMPLOYEE PAY STATEMENT Personnel No. 00477750 Transportation Period Ending 09/0112006 Pay Date 09/15/2006 Wesley P Zimmerman Organizational Unit Name: TR Cumberland Co CDC Code: 0008888 139 Pine Knob Road B/U: J1 Group: 04 Level: 06 Newville, PA 17241 FWT Marital Status: M No. Exemptions/ Allowances: 00 GROSS EARNINGS YEAR TO DATE NET PAY PENNSYLVANIA STATE EMPL CU TOTAL NET DEDUCTIONS THIS PAY YTD Federal Withholding Tax 273.73 2,913.46 TX EE Social Security Tax 113.02 1,488.61 TX EE Medicare Tax 2643 348.14 Slate Withholding-Pennsylvania 55.96 737.09 Local Wage Tax-Upper Mifflin Township 30.08 396.18 TX EE Unemployment Tax 1.64 21.70 Gamish. Alimony)Support 200.00 1,200.00 AFSCME - 13 Union Dues 16 77 313 66 State Emp Ret 114.28 1,507.13 EE PreTx WH Pct 5.59 104.56 TOTAL DEDUCTIONS 837.50 9,030.55 REIMBURSEMENTS THIS PAY YTD EIMBURSEMENTS EMPLOYER PAID BENEFITS TX ER Social Security Tax TX ER Medicare Tax ER Basic Life State Emp Ret Annuitant Med Hospital ER Workers Comp Benefit PR Health America HMO s TOTAL BENEFITS FWT Taxable Gross. 1,708.62 24,114.41 EARNINGS THIS PAY Normal working hours 99099 Overtime Pay-Straight Overtime Pay-Time 8 112 Personal Leave Pay 990.99 HOURS RATE AMOUNT TOTAL EARNINGS 67.50 4.50 28.75 7 50 14.91 1,006 43 14 91 67 10 22 37 643.14 14.91 111.82 1,828.49 SERVICE CREDIT 09 YR 05 PP THIS PAY SENIORITY INFORMATION 113.02 Bargaining Unit Days: AFSCME AGREEMENT 2383.00 26.43 3.64 ABSENCE ACTIVITY ANNUAL SICK PERSONAL 240.00 39.12 Quota Last Stmnt 26.46 22.30 7.50 310.00 Accrual This PP 4.33 3.75 0.00 Absence Reported This PP 0.00 0.00 7.50 Adjustment 0 00 0.00 0.00 Quota This Stmnt 32.79 26.05 0.00 791.27 ACCRUAL RATE: ANNUAL 5.77 % SICK 5.00% Contact your local Human Resources Office it you have any questions regarding the content and distribution of your Employee Pay Statement 004519 WESLEY P ZIMMERMAN 139 PINE KNOB RD NEWVILLE PA 17241-8645 I ir-06 6 rr?lll??rlrrl,l?l?rlrr?lll?rlrrllrrrl??l?l?lr.rllrl?lrrllrrr C? ra ? Q -r? C cr " z.+c t-n WESLEY P. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION LORETTA L. ZIMMERMAN, : PACSES NO. 313108298 Defendant/Petitioner : DOCKET NO. 06-347 Civil INTERIM ORDER OF COURT AND NOW, this 19th day of September, 2006, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. For the period of May 18, 2006 through September 4, 2006, the Respondent shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $493.00 per month. B. Effective September 5, 2006 the Respondent shall pay to the Pennsylvania State Collection and Disbursement Unit the sum of $220.00 per month as alimony pendente lite. C. The Respondent shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on accrued arrearages until paid in full. D. The Respondent shall provide health insurance coverage for the benefit of his wife as provided through his employment at a reasonable cost. E. Unless terminated at an earlier date this order shall terminate on May 17, 2007. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, X4 Kevin A. Hess, J. Cc: Loretta L. Zimmerman Wesley P. Zimmerman Michael J. Collins, Esquire For the Defendant/Petitioner Kara W. Haggerty, Esquire For the Plaintiff/Respondent DRO WESLEY P. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION LORETTA L. ZIMMERMAN, : PACSES NO. 313108298 Defendant/Petitioner : DOCKET NO. 06-347 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on September 18, 2006, the following report and recommendation are made: FINDINGS OF FACT 1. The Petitioner is Loretta L. Zimmerman, who resides at 204 Firehouse Road, Shippensburg, Pennsylvania. 2. The Respondent is Wesley P. Zimmerman, who resides at 139 Pine Knob Road, Newville, Pennsylvania. 3. The parties were married on October 16, 2004. 4. The parties separated in January, 2006. 5. On or about January 18, 2006 the Respondent filed a complaint in divorce. 6. On May 18, 2006 the Petitioner filed a claim for alimony pendente lite. 7. The Petitioner has filed claims for equitable distribution of marital property and for alimony. 8. The Petitioner was diagnosed with breast cancer in November, 2005. 9. The Petitioner had a double mastectomy in December, 2005. 10. The Petitioner worked part-time for Martin's Bella Customs until February, 2006 when she was laid off for lack of work. 11. The Petitioner drew unemployment compensation benefits of $600.00 per month and performed a nominal amount of self-employment on a cash basis from February, 2006 to August, 2006. 12. The Petitioner began full-time employment with Carlisle Auto Body in early September, 2006 earning $8.00 per hour for a 40 hour work week. EXHIBIT "A" 13. The Petitioner resides with her minor daughter not to this marriage in her parents' home. 14. The Petitioner will file her 2006 federal income tax return as head of household and will claim her daughter as a dependency exemption. 15. The Respondent is employed by the Commonwealth of Pennsylvania. 16. The Respondent has gross earnings of $24,114.00 through September 1, 2006. 17. The Respondent pays union dues of $16.77 bi-weekly. 18. The Respondent has a mandatory retirement deduction of $114.28 bi-weekly. 19. The Respondent pays $5.59 bi-weekly for health insurance coverage on himself, the Petitioner, and the Petitioner's daughter. 20. The Respondent will file his 2006 federal income tax return as married/separate. DISCUSSION In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, 2 situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The Respondent has argued that the Petitioner is not entitled to an award of alimony pendente lite because of the short duration of the marriage and the minimal amount of marital property. The Petitioner has initiated discovery which is not yet completed, and the Petitioner has an outstanding claim for alimony. The Respondent argues further that the Petitioner has limited need for alimony pendente lite because she is residing with her parents and has limited expenses. These arguments certainly are a consideration for deviation in an award, but do not provide a basis for denial of entitlement. When the Petitioner filed her claim for alimony pendente lite her income was limited to $600.00 per month in unemployment compensation benefits and a nominal amount of cash income from detailing cars. The sum of $80.00 will be added to her unemployment compensation benefits giving her a net monthly income of $680.00. In early September the Petitioner began employment earning $8.00 per hour, or $320.00 per week, at an auto body shop. With this gross weekly income and filing her federal income tax return as head of household with one child claimed as a dependency exemption, the Petitioner has net monthly income for support purposes of $1,397.00.' Based upon his year-to-date income the Respondent has average gross monthly income of $2,903.00. Filing his federal tax return as married/separate and deducting his mandatory retirement contribution and his union dues from his gross income, the Respondent has net monthly income for support purposes of $1,978.00. For the period of May 18, 2006 through September 4, 2006 the Defendant's obligation for alimony pendente lite under the guidelines is $519.00 per month.' Commencing September 5, 2006 the obligation would decrease to $232.00 per month under the guidelines.3 The length of the marriage before final separation is a factor to consider for both the amount of an APL award and the duration of the award.4 This couple was together for approximately 15 months from their marriage to the final separation in January, 2006. Considering this factor as well as the Petitioner's limited expenses, a recommendation is made for a 5% downward deviation in the award and that the award be limited in duration to ' See Exhibit "A" for the tax deductions from gross income. The Petitioner qualifies for the earned income credit resulting in a net income exceeding the gross. 2 See Exhibit "B" for the calculations. 3 See Exhibit "C" for the calculation. 4 See Pa. R.C.P. 1910.16-5(b)(8) and 1910.16-5(c). 3 12 months from the filing date of May 18, 2006. This should provide the Petitioner ample time to resolve the limited economic claims outstanding in this divorce action. RECOMMENDATION A. For the period of May 18, 2006 through September 4, 2006, the Respondent shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $493.00 per month. B. Effective September 5, 2006 the Respondent shall pay to the Pennsylvania State Collection and Disbursement Unit the sum of $220.00 per month as alimony pendente lite. C. The Respondent shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on accrued arrearages until paid in full. D. The Respondent shall provide health insurance coverage for the benefit of his wife as provided through his employment at a reasonable cost. E. Unless terminated at an earlier date this order shall terminate on May 17, 2007. Date Michael R. Rundle Support Master 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Loretta L. Zimmerman Defendant Name: Wesley P. Zimmerman Docket Number: 06-347 Civil PACSES Case Number: 313108298 Other State ID Number: Tax Year: Current: 2006 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Married Filing Separately Head of Household 3. Who Claims the Exemptions Customize 4. Number of Exemptions 1 2 5. Monthly Taxable Income $2,902.70 $1,386.70 6. Deductions Method 7. Deduction Amount $429.17 $629.17 8. Exemption Amount $275.00 $550.00 9. Income MINUS Deductions and Exemptions $2,198.53 $207.53 10. Tax on Income $298.32 $20.75 11. Child Tax Credit - $20.75 12. Manual Adjustments to Taxes - - 13. Federal Income Taxes $298.32 -$173.67 13 a. Earned Income Credit - $173.67 14. State Income Taxes $91.73 $43.82 15. FICA Payments $222.06 $106.09 16. City Where Taxes Apply --Select-- 17. Local Income Taxes $29.03 $13.87 TOTAL Taxes $641.14 -$9.89 SupportCak 2006 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Loretta L. Zimmerman Wesley P. Zimmerman 06-347 Civil 313108298 1. Obligor's Monthly Net Income $1,977.66 2. Less All Other Support 3. Less Obligee's Monthly Net Income $680.00 4. Difference $1,297.66 5. Less Child Support Obligation for Current Case - 6. Difference $1,297.66 7. Multiply b 30% or 40% 40.00% 8. Income Available for Spousal Support $519.06 9. Adjustment for Other Expenses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $519.06 Prepared b : mrr Date: 9/18/2006 SupportCak 2006 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Loretta L. Zimmerman Wesley P. Zimmerman 06-347 Civil 313108298 1. Obligor's Monthly Net Income $1,977.66 2. Less All Other Support - 3. Less Obligee's Monthly Net Income $1,396.59 4. Difference $581.07 5. Less Child Support Obligation for Current Case - 6. Difference $581.07 7. Multiply b 30% or 40% 40.00% 8. Income Available for Spousal Support $232.43 9. Adjustment for Other Expenses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $232.43 Prepared b : mrr Date: 9/18/2006 SupportCak 2006 EXHIBIT "C" fze Co J Cn WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW LORETTA L. ZIMMERMAN, NO. 06-347 Defendant IN DIVORCE ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for the Plaintiff, Wesley P. Zimmerman, in the above-captioned matter. DATE _412y, 619 Date q 11010 1060 Respectfully submitted, ABOM & KUTULA"S, LLP V?/U'/o- Haqwthi'_ Kara W. Haggerty, Es 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 73 co :.. ., i FT 4,1- Ej WESLEY P. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN CIVIL ACTION - IN LAW Defendant DIVORCE MOTION FOR APPOINTMENT OF MASTER Wesley P. Zimmerman, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ x ] Alimony [ x ] Counsel Fees [ x ] Alimony Pendent Lite [ x ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Michael Collins, Esquire. 3. The statutory ground(s) for the divorce is: 3301(c) & (d). 4. The action is contested with respect to the following claims: alimony, alimony pendent Etc, distribution of property, counsel fees and costs & expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: DATE ?k- Michelle L. Somm , Esquire Attorney for Plaintiff ORDER AND NOW! 2006) Esquire, is appointed Master with respect to the following claims: BY THE COURT, J? r- -l ,,?_ C=p cs+ y { cn C ? } r C, _ ""F7 f WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS DEC 16 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN CIVIL ACTION - IN LAW Defendant : DIVORCE MOTION FOR APPOINTMENT OF MASTER Wesley P. Zimmerman, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ ] Annulment [ x ] Alimony [ x ] Alimony Pendent Lite [ x ] Distribution of Property [ ] Support [ x ] Counsel Fees [ x ] Costs and Expenses and in support of the Motion the Plaintiff states: Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Michael Collins, Esquire. 3. The statutory ground(s) for the divorce is: 3301(c) & (d). 4. The action is contested with respect to the following claims: alimony, alimony pendent lite, distribution of property, counsel fees and costs & expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: DATE 1` 1?_it 1U? 1 Michelle L. Somm , Esquire Attorney for Plaintiff AND NOW, 1 r?-15 2006, Esquire, is appointed Master with respect to the following claims: z.liW& 7 BY T COUR J OF THE Y 2006 DEC IS F` i 3: 3 3 1 e r; v ! it 's • t I' 1a ra a -t't -'Li L ? ' ? rs'4 rt+t ? ? R ? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 07/06/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH C/O WAGE ATTACHEMENT SECTION PO BOX 8006 HARRISBURG PA 17105-8006 196-54-4108 Employee/Obligor's Social Security Number 1680101671 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ . 0 per weekly pay period. $ o . o0 per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. S 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S 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: JUL 0 9 2007 DRO: R. J. SHADDAY Service Type m O Original Order/Notice 313108298 06-347 CIVIL O Amended Order/Notice O Terminate Order/Notice RE: ZIMMERMAN, WESLEY P. Employee/Obligor's Name (Last, First, MI) BY THE COURT: KEVIN A SS, JUDGE Form EN-028 Rev OMB No.: 0970-0154 Worker ID $IATT -1 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heckl you are required to provide a opy of this form to your mployee. If yo r employee works in a state that is digferent from the state that issued this order, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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. 3.* IMF! aeilu11% uic Nayn,an. Inc You must comply with the law of the paydateldate ofvvithholding is the date on CUMIJU111. Was Mthheld fron, the employee's wages. state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: ZIMMERMAN WESLEY P. EMPLOYEE'S CASE IDENTIFIER: 1680101671 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970.0154 Form EN-028 Rev. 1 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ZIMMERMAN, WESLEY P. PACSES Case Number 313108298 Plaintiff Name LORETTA L. ZIMMERMAN Docket Attachment Amount 06-347 CIVIL $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s) DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970A754 " c ?? C > } ? ? - ' ? ? _ r-- ?*1, , , 1? ? Y ? S - '-, y a ? '^'. 1. ,. - 1 'j ??.? ? t y ? { ' ` y ? WESLEY P. ZIMMERMAN, PLAINTIFF/RESPONDENT V. LORETTA L. ZIMMERMAN, DEFENDANT/PETITIONER PACSES CASE NO. 313108298 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATION SECTION CIVIL ACTION - DIVORCE DOCKET NO. 06-347 CIVIL ORDER OF COURT AND NOW, this a day of July 2007, the Court being informed by the Domestic Relations Section that the arrears have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the case be closed. This Order shall become final twenty days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT, '* X4 Kft4 In A. Hess, Judge DRO: R.J. Shadday xc: plaintiff and defendant Form OE-001 Service Type M Worker ID 21005 ;?.a ,? ? -c? ° ?? ?_?? r? ? ? -c`y 1 5??,? ?,p - _? WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN, CIVIL ACTION - IN LAW Defendant DIVORCE 1. A Complaint in Divorce under §3301(c) & (d) of the Divorce Code was filed on January 23, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. L , N?? ?bDate: (76 LORETTA L. ZIMMERMAN, Defendant dti.J? f rr?...f ? CD WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN, CIVIL ACTION - IN LAW Defendant DIVORCE 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. §4904 relating to unsworn falsification to authorities. Date: LORETTA L. ZIMMERMAN, Plaintiff gyp! a4? ,,,. i..., Co WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN, CIVIL ACTION - IN LAW Defendant DIVORCE 1. A Complaint in Divorce under §3301(c) & (d) of the Divorce Code was filed on January 23, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: WES . ZIMMERMAN, Plaintiff r__. ,-,, adz N) ,? Fri WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN, CIVIL ACTION - IN LAW Defendant DIVORCE 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. §4904 relating to unsworn falsification to authorities. Date: 2 'Z p" WESLE . ZIMMERMAN, Plaintiff co r WESLEY P. ZIMMERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN, CIVIL ACTION - IN LAW Defendant DIVORCE MARITAL ETT EMF. T A EEMENT THIS AGREEMENT, made this day of February 2008, between WESLEY P. ZIMMERMAN, (hereinafter referred to as "HUSBAND"), and LORETTA L. ZIMMERMAN, (hereinafter referred to as "WIFE'. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 16, 2004, in Cumberland County, Pennsylvania; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous offsetting their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband has been represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that Wife is represented by Seth T. Mosebey, Esquire, of Martson Law Offices. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 1 Y NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, tides and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 2 It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 19. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 3 0 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in §3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the martial property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting martial property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. MOTOR VEHICLES. The parties agree that Wife shall have full and sole possession of the 1998 Nissan 200SX of which the parties previously executed title to said vehicle so as to effectuate the transfer as herein provided on June 12, 2007. Furthermore, Wife is solely responsible for the financial obligation associated with the vehicle she is to retain pursuant to this Agreement and she agrees to indemnify and hold harmless Husband from any and all liability therefrom. 4 i b. DISTRIBUTION OF PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other from such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of each party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, and titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. c. REAL ESTATE. i. MARITAL HOME LOCATED IN CUMBERLAND COUNTY PENNSYLVANIA. 1. The parties acknowledge that Husband is the sole owner of the marital residence situate at 139 Pine Knob Road, Newville, Cumberland County, Pennsylvania. Husband and Wife agree that as part of the property settlement, Wife will covey all of her right, title and interest in and to said property to the Husband, subject to the outstanding mortgage to Adams County National Bank and any 5 other encumbrances, which the Husband agrees to assume and pay each and every month. 8. DEBTS. Husband represents and warrants to Wife that since the separation 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation. Wife represents and warrants to Husband that since the separation 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 she shall indemnify and save Husband harmless from any and all claims or demands made against his by reason of such debts or obligations incurred by her since the date of said separation. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY, ALIMONY PENDENTE LITE, AND EXPENSES Wife acknowledges that the Order of Court dated September 19, 2006, signed by the Honorable Kevin A. Hess, PACSES No. 313108298, terminated any and all future payments for alimony pendente lite on May 17, 2007. Husband and Wife accept the provisions of this Agreement in lieu of and in fall and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 11. DIVORCE. A Complaint in divorce has been filed to No. 06-347 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to 6 execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. MEDICAL INSURANCE. It is acknowledged that upon issuance of the Divorce Decree Husband's medical insurance will no longer insure Wife and will be terminated. Husband's coverage that he receives through his employer will only cover himself and Wife will be required to insure herself through her own means or through her employer. 13. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 14. RECONCILIATION. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 15. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. 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 the parties to execute the Agreement. 7 J 16. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 17. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and whosesoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 18. 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. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 21. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 22. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. SEVERABILITY. 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 8 I other respects this Agreement shall be valid and shall continue in full force, effect and operation. 24. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: WESLEY P. MERMAN LORETTA L. ZIMMF MA 9 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF AnlyrIani4 On this 06 day of CP-h-IJA 11 , 2008, before me, the undersigned officer, personally appeared WESLEY P. ZIMMERMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L Freeman, Nary Public Carlisle Boro, Cumberland ComIty My Comm isSion E Ares April 7, 2009 COMMONWEALTH OF PENNSYLVANIA Member, Pennsyivania Association of Notaries n SS. COUNTY OF GjtjAjX i On this day of IAAAA , 2008, before me, the undersigned officer, personally appeared LORETTA L. MMERMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. /K NO Y PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public CafAsle Som, Cumberland County My Commission E)Ores Aug. 18, 2011 Member, Pennsylvsnla Association of Notsrlas 10 f`1 +:3 k. 'C° WESLEY P. ZIMMERMAN, Plaintiff VS. LORETTA L. ZIMMERMAN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 347 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of / _, 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated February 28, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q..' Iwo ISO Edgar B. Bayley, P. J. cc: ara W. Haggerty Attorney for Plaintiff ,,geth Mosebey Attorney for Defendant 4 ¦ WESLEY P. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 06-347 CIVIL TERM LORETTA L. ZIMMERMAN, CIVIL ACTION - IN LAW Defendant DIVORCE To the Prothonotary: Transmit the record, together with the following information, to the Cumberland County Court of Common Pleas for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. January 26, 2006, signed for and accepted by the Defendant by Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff February 28, 2008 b. by Defendant: February 26, 2008 4. Related claims pending: a. Attached Marital Settlement Agreement fully executed: i. by Plaintiff February 28, 2008 ii. by Defendant: February 26, 2008 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record: a. N/A. 6. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: February 28, 2008 b. by Defendant: February 26, 2008 Respectfully submitted, DATE 0 , ABOM & KUTULAKis, L.L.P I IkAafy- &'Mki) Michelle L. So r, Esquire Supreme Court ID #93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff - n .-.c; tv act " ?JJ `3 Cl%s Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. WESLEY P. ZIMMERMAN, Plaintiff VERSUS LORETTA L. ZIMMERMAN, Defendant No. 06-347 CIVIL DECREE IN DIVORCE AND NOW, DECREED THAT /?l ac.t,4 10 , 7--"8 , IT IS ORDERED AND WESLEY P. ZIMMERMAN PLAINTIFF, LORETTA L. ZIMMERMAN AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Marital Settlement Agreement dated February 28, 2008 is incorporated but not merged into this Decree BY THE?OURT: PROTHONOTARY ?ID? ? ,??