The URL can be used to link to this page

Home My WebLink About06-0805ELAINE N. BLASS, Plaintiff vs. DAVID F. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C (O ??! S ?? 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 foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ELAINE N. BLASS, Plaintiff ) VS. ) DAVID F. O'LEARY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. dG • T4 5 &,.a -7,-:•- IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ELAINE N. BLASS, Plaintiff vs. DAVID F. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW NO. 06-1d5"C Tu.- IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, ELAINE N. BLASS, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is ELAINE N. BLASS, an adult individual who currently resides at 220 North 26th Street in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is DAVID F. O'LEARY, an adult individual who currently resides at Apartment 2114, 301 Chestnut Street, Harrisburg, Dauphin County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 19 March 1977 in Hazelton, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Samuel L. An Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: /- -"/- d D 0 (a U / U '° "`d ELAINE N. BLASS ??., ?.` ?.;, ?_ ? ?u ? `,^. ?.' ? ?' ?? ? ?, ?? N i?? ?., ?, ,-, ?, - ?-?, _, ,? _ .? , .?- 4,, _, ,_ , , ELAINE N. BLASS, ) PLAINTIFF ) s. ) v DAVID F. O'LEARY, ) DEFENDANT ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-805 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, DAVID F. O'LEARY, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: ? -, i `, ??.. ELAINE N. BLASS, Plaintiff vs. DAVID F. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-805 IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief; COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT 11 - ALIMONY 2. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plain- tiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. S U76-IL. An es Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: OZOO ' i ELAINE N. BLASS ti w o? 44. Y c TZ) -tC w rW c,. r-? C - LS ?1-n't TO THE PROTHONOTARY: Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 06 - 805 CIVIL ACTION - LAW IN DIVORCE ENTRY OF APPEARANCE Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for the Defendant in the above-captioned Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-03141 FAX (717) 236-0791 Email: Luthermilsnaw(a)mblawfirm.coi ELAINE N. BLASS, Plaintiff VS. DAVID F. O'LEARY, Defendant Y? HER E. ILS AW, Jr. Attorney ID No. 1 26 130 State Street F.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: March 20, 2006 ELAINE N. BLASS, Plaintiff VS. DAVID F. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 06 - 805 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served true and correct copy of the above Entry of Appearance upon all counsel of record by depositing the same in the united States Mail, first class, postage prepaid, at Harrisburg, Pennsylvanian on the 2& day of March 2006, addressed as follows: ?amuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, z T L. EBRIGHT, Paralegal Law Office of Luther E. Milspaw, Jr. 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 C ° - ctz) -n Cj- .. r ? ? rT, 1 2 ELAINE N. BLASS, Plaintiff vs. DAVID F. O' LEAKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-805 IN DIVORCE MOTION FOR CONFERENCE AND HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court for a conference before the Domestic Relations Office and, if necessary, a hearing, on her request for alimony pendente lite, first raised in her Petition for Economic Relief which was filed on 17 January 2007 and a copy of which is attached to this Motion. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 121`' Street Lemoyne, Pa 17043 (717) 761-5361 VV :Vi w• - ?iin LMVZ Amt7i?Uri olu'd 3HI --0 ELAINE N. BLASS, Plaintiff VS. DAVID F. O' LEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-805 IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief; COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT 11 - ALIMONY 2. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plain- tiff from Defendant permanent alimony in such sums as are reasonable and VVdecprate(so C= e,? support and maintain Plaintiff in the station of life to which she has becoruccs`torrd during the marriage. _ Mf r' ? "L7 ?'t COUNT III - ALIMONY PENDENTE LITE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. S uel L. An es Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 W- I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: d-O ELAINE N. BLASS ELAINE N. BLASS, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-805 CIVIL TERM DAVID F. O'LEARY, IN DIVORCE Defendant/Respondent . PACSES CASE NO: 922109214 ORDER OF COURT AND NOW, this 5th day of June, 2007, 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 June 25, 2007 at 1:30 P.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 W2'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 1910.110 (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 to: Petitioner Respondent Samuel L. Andes, Esq. Luther E. Milspaw, Jr, Esq. Date of Order: June 5, 2007 1114-0 ?- 11 jzl?r qJadday,y Conference 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 4 rr, . ?, 1 ' cry '? ;; '`: ELAINE N. BLASS, Plaintiff/Petitioner VS. DAVID F. O'LEARY, Defendant/Respondent THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-805 CIVIL TERM IN DIVORCE PACSES CASE NO: 922109214 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 7th day of June, 2007, 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 July 24, 2007 at 1:30 P.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 V*42'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 1910.1 IC (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. Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Luther E. Milspaw, Jr.. Date of Order: June 7, 2007 BY THE COURT, Edgar B. Bayley, President Judge -fi "I zl/,, -40 tom' A. J. S?rday, on erence 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 r-? may ? . ? ?? ? 7 1* ELAINE N. BLASS, Plaintiff/Petitioner VS. DAVID F. O'LEARY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-805 CIVIL TERM IN DIVORCE PACSES Case Number : 922109214 ORDER OF COURT AND NOW, this 25th day of July, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2731.08 and Respondent's monthly net income/earning capacity is $10,551.22, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $3069.00 per month payable as follows: $3069.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: next pay date. Arrears set at $6138.00 as of July 25, 2007. The effective date of the order is June 1, 2007. 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: Elaine N. Blass. 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 ? I The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for each spouse. Unreimbursed medical expenses of the oblige that exceeds $250.00 annually shall be allocated between the parties. The parry seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by Respondent and 100% by Petitioner. (x) Respondent () Petitioner () Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the (x) Respondent () Petitioner shall submit 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 does not consider the end of the year bonus. Respondent is to make a direct payment of 40% of the end of the year bonus, minus 31 % for the Federal, State and Local tax amount, to the Petitioner within five (5) days upon receipt of the bonus with verification of the amount and date paid to the Respondent. This Order does consider the Respondent's salary draw and his periodic distributions through June, 2007. Either party may request a review of the Alimony Pendente Lite amount at the end of the year to calculate the average periodic distribution for the last six (6) months of 2007. The Respondent is to pay the retroactive arrears of $6108.00 in full within 60 days directly to the Petitioner and the Petitioner is to report the payment amount to the DRO for credit. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either parry files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: July 26, 2007 to: Petitioner Respondent Samuel L. Andes, Esq. Luther E. Milspaw, Jr., Esq. Petitioner's Attorney Respondent's Attorney BY C ro?o%-I Edgar B. `Bay ey, Judge DRO: R.J. Shadday r^a rra c._a. t C.JS f „R `al't .-d ?- W?:3 cr t t: M ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 07/25/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number RHOADS & SINON LLP PO BOX 1146 1 S MARKET SQ HARRISBURG PA 17108-1146 ® Original Order/Notice 0 Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 024-38-5975 Employee/Obligor's Social Security Number 3154101830 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. $ 3, 069.00 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 $ 0.00 per month in other (specify) fora total of $ 3, 069.00 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: $ _ 708.23per weekly pay period. $ _ 1416.46 per biweekly pay period (every two weeks). $ 1, 534.50 per semimonthly pay period (twice a month). $ 3.069.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 NAMEAND 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 2 6 2007 DRO: R.J. Shadday Service Type m 922109214 06-805 CIVIL RE:O'LEARY, DAVID F. BY THE URT: v? C Edgar B. Bayley, J ge Form EN-028 Rev. OMB No.: 0970-0154 IM-A-, I rl $IATT • r 9 • X G J x n 6 9 Z L ' .E.. b w ? 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 di4erent from the state that issued this or?er, a copy must be provi?ed to your emproyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* wing wncn Dcnuuig uic Nar nc . You must comply with the law of the paydateidateof withholding 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: 2313053770 EMPLOYEE'S/OBLIGOR'S NAME: O' LEAKY, DAVID F. EMPLOYEE'S CASE IDENTIFIER: 3154101830 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 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 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. t 1.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT - 11 .w ADDENDUM Summary of Cases on Attachment Defendant/Obligor: O'LEARY, DAVID F. PACKS Case Number 922109214 Plaintiff Name ELAINE N. BLASS Docket Attachment Amount 06-805 CIVIL $ 3,069.00 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. Service Type M 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. 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. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT y l '"S1 ?. ^'•r /mil y?? ih-% ELAINE N. BLASS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-805 DAVID F. O'LEARY, Defendant PACSES 922109214 PLAINTIFF'S DEMAND FOR HEARING DE NOVO AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and demands a hearing de novo in this matter before the support master. Samuel L. An es Attorney for Plaintiff P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 M CERTIFICATE OF SERVICE I hereby certify that on 2007 I served a copy of the foregoing document upon counsel for Defendant b .S. Mail, postage prepaid, addressed as follows: Luther E. Milspaw, Jr., Esquire P.O. Box 946 Harrisburg, PA 17108-0946 uel L. An &s Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 r.i O c= ? -n -71 M F= V i ?? ) i !c') l C..J CTi ? r) I f ?" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELAINE N. BLASS ) Docket Number 06-805 CIVIL Plaintiff ) VS. ) PACSES Case Number 922109214 DAVID F. O'LEARY ) Defendant ) Other State ID Number ORDER OF COURT You, DAVID F. O'LEARY plaintiff/defendant of CIO PENNSYLVANIA PLACE, APT 2506, 301 CHESTNUT ST, HARRISBURG, PA. 17101 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEMBER 18, 2007 at 8:30AM for a hearing. 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed 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-509 Rev. 1 Worker ID 21302 4- 04 BLASS V. O' LEARY PACSES Case Number: 922109214 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: ?? - - U " 1 CA JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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 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. Page 2 of 2 Form CM-509 Rev, Service Type M Worker ID 21302 ? ? ?? ? ? ?: ? .? ??, ._..+ ,' +r ?j: ? ?? . ,r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELAINE N. BLASS vs. DAVID F. O'LEARY Docket Number Plaintiff ) PACKS Case Number Defendant ) Other State ID Number ORDER OF COURT You, ELAINE N. BLASS 220 N 26TH ST, CAMP HILL, PA. 17011-3618-20 are ordered to appear at DOMESTIC RELATIONS HEARING RM 06-805 CIVIL 922109214 plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEMBER 18, 2007 at s : 3 oAM for a hearing. You are further required to bring to the hearing: I . 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed 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: Form CM-509 Rev. I Service Type M Worker ID 21302 Z , BLASS PACSES Case Number: 922109214 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: -0:1 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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. V. O' LEARY 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-509 Rev. Worker ID 21302 ?"} _ 1. _.. :v c--? t:::7 .....1 --?-? ?3`;=. ?.? ? ??? ? __ ?? ` ? : i ; W ? ? ir '-1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELAINE N. BLASS ) Docket Number 06-805 CIVIL Plaintiff ) VS. ) PACKS Case Number 922109214 DAVID F. O'LEARY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, DAVID F. O'LEARY of C/O PENNSYLVANIA PLACE, APT 2506, 301 CHESTNUT ST, HARRISBURG, PA. 17101-2761-31 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 9TH DAY OF OCTOBER, 2 0 0 7 at 10:3 0AM fora hearing. This date replaces the prior hearing date of SEPTEMBER 18, 2007 . 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed 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 Rev. 1 Worker ID 21302 BLASS PACSES Case Number: 922109214 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: QJUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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. V. O'LEARY 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 Rev. Worker ID 21302 PA ' c?CE ril t N In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELAINE N. BLASS ) Docket Number 06-805 CIVIL Plaintiff ) VS. ) PACSES Case Number 922109214 DAVID F. O'LEARY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, ELAINE N. BLASS of 220 N 26TH ST, CAMP HILL, PA. 17011-3618-20 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 9TH DAY OF OCTOBER, 2007 at 10:30AM fora hearing. This date replaces the prior hearing date of SEPTEMBER 18, 2007. 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed 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 Rev. 1 Worker ID 21302 N BLASS V. O'LEARY PACSES Case Number: 922109214 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: G -S -'A JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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 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 Rev. 1 Worker ID 21302 . , ?.. '?:t r-? ; _, cJa - Z -r may: , =' "t? _ _r.. - ? ' Cr ? t. . .? "_' ? ? ELAINE N. BLASS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 2006-805 DAVID F. O'LEARY, ) Defendant ) IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on or about 10 December 2005 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date : d"1 ELAINE N. BLASS C n.? ?^ 1 1 i.0 N B cr C ELAINE N. BLASS, VS. Plaintiff DAVID F. O'LEARY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : : PENNSYLVANIA Docket No. 06 - 805 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _X_ (a) I do not oppose the entry of a divorce decree. However, the date of divorce was earlier than December 10, 2005. (b) I oppose the entry of a divorce decree because (Check (i) , (ii), or both) (i) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyers' fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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.. §4909 relating to unsworn falsification to authorities. ' David F. O' Date: January 10, 2008 NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. Or) `_ LL f rE.; Fri CD 1 ELAINE N. BLASS, Plaintiff VS. DAVID F. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-805 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a Master with respect to the following claims: ( ) Divorce (x) Distribution of Property ( ) Support ( ) Annulment (x ) Alimony (x ) Alimony Pendente Lite (x) Counsel Fees (x ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Luther E. Milspaw, Jr., Esquire. 3. The statutory ground for divorce is: 33oi Cc- 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (x) The action is contested with respect to the above-marked claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to this motion: 25 F 2iSY Date 4SALAn?d Attorney for Plaintiff AND NOW with respect to the above claims. 2008, E. Robert Elicker, II, Esquire is appointed Master BY THE COURT, J. ?`?: ?? ,.? -*? - :?: ' ? r i? r:. ?? ' ill c?'.':r {' i f _ _. .. ?,..?-.k . i ?'1 ... ...e+?* ? t*e3 __,? ?? FEB $62006 1'/ ELAINE N. BLASS, Plaintiff VS. DAVID F. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-805 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a Master with respect to the following claims: ( ) Divorce (x ) Distribution of Property ( ) Support ( ) Annulment (x ) Alimony (x ) Alimony Pendente Lite (x ) Counsel Fees (x ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Luther E. Milspaw, Jr., Esquire. 3. The statutory ground for divorce is: 33oi Cc- 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (x) The action is contested with respect to the above-marked claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to this motion: ?e 212) K C? ID, Date 4SL. An Attorney for Plaintiff AND NOW °2 2008, E. Robert Elicker, II, Esquire is appointed Master with respect to the above claims. BY T UR , J. ' ? t n7 i ?v C. T V i ao LO ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/17/08 Case Number (See Addendum for case summary) 922109214 06-805 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number RHOADS & SINON LLP PO BOX 1146 RE:O'LEARY, DAVID F. Employee/Obligor's Name (Last, First, MI) 024-38-5975 Employee/Obligor's Social Security Number 3154101830 Employee/Obligor's Case Identifier 1 S MARKET SQ (See Addendum for plaintiff names HARRISBURG PA 17108-1146 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. $ 3 , 736.00 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 $ o . 00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 3, 736.00 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: $ 862.15 per weekly pay period. $ 1724.31 per biweekly pay period (every two weeks). $ 1, 868. oo per semimonthly pay period (twice a month). $ 3, 736. 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 NAMEAND 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 E COURT Date of Order: r}A` 7 v CA EDGAR B. BAYLEY, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMBNo.:0970-0154 Worker ID $IATT ??7 3:6 • x 12?? 8b2* 1 5? 3,736* x 26 • 1,724. 31 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to pr vide a opyof this form to your mployee. If yo r employee works in a state that is digferent from the state that issuffthis orS 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2313053770 EMPLOYEE'S/OBLIGOR'S NAME: O' LEAKY. DAVID F. - EMPLOYEE'S CASE IDENTIFIER: 3154101830 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 (15 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 Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: o' LEAKY, DAVID F. PACSES Case Number 922109214 PACSES Case Number Plaintiff Name Plaintiff Name ELAINE N. BLASS Docket Attachment Amount Docket Attachment Amount 06-805 CIVIL $ 3,736.00 $ 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 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 n j OD c 3 C4 w -t 4! %* ELAINE N. BLASS, Plaintiff VS. DAVID F. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-805 CIVIL TERM IN DIVORCE PACSES CASE ID: 922109214 ORDER OF COURT AND NOW, this 17th day of March 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $2,700.88 and the Respondent's monthly net income/earning capacity is $12,172.50, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Three Thousand Seven Hundred Thirty Six and 00/100 Dollars ($3,736.00) per month payable as follows: $3,736.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: on or before April 15, 2008. The effective date of the order is June 1, 2007. Arrears set at $156.22 as of March 17, 2008. 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, at 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: Elaine N. Blass. 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 name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other parry no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner [] Neither parry to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a 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 o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order does not consider an end of the year bonus. The Respondent is to make a direct payment of 40% of any year end bonus, minus 32% for Federal and State tax amount, to the Petitioner within five (5) days upon receipt of the bonus with verification of the amount and date paid to the Respondent. This Order does consider the Respondent's 2007 salary draw and his periodic distributions through December, 2007. Either party may request a review of the APL amount at the end of the year to calculate the average periodic distribution for the twelve months of 2008. The Respondent is to pay the retroactive arrears of $156.22, in full, within 20 days of this date. Credit, in the amount of $13,184.26 is given for direct payments to the Petitioner. This Order shall become final twenty (20) 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 Respondent Mailed copies on: March 18, 2008 to: Petitioner Respondent Samuel L. Andes, Esq. Luther E. Milspaw, Jr., Esq. DRO: R.J. Shadday Petitioner's Attorney Respondent's Attorney BY THE C URT, ,, 1 ckl vk-x_ Edgar B. Bayley, J. e - .z x r, c ? ? -yra Po r"n Cw3 01 h In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELAINE N. BLASS VS. DAVID F. O'LEARY ORDER OF COURT You, Docket Number Plaintiff ) PACSES Case Number ) Defendant ) Other State ID Number ELAINE N. BLASS 220 N 26TH ST, CAMP HILL, PA. 17011-3618-20 are ordered to appear at DOMESTIC RELATIONS HEARING RM 06-805 CIVIL 922109214 plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 28, 2008 at 8: 3 OAM for a hearing. 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed 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-509 Rev. 1 Worker ID 21302 it4 , BLASS PACSES Case Number: 922109214 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: 1 G. JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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. V. O' LEARY 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-509 Rev. 1 Worker ID 21302 r t ?? ?? ?= ?:? =?, -.? ?? ' c. ? ,_ -? -.?. , , ?? .. -;?: :: ?. ? g r ..__ Sa '+ X, . , In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELAINE N. BLASS vs. DAVID F. O'LEARY ORDER OF COURT You, Docket Number 06-805 CIVIL Plaintiff ) PACKS Case Number 922109214 Defendant ) Other State ID Number DAVID F. O'LEARY plaintiff/defendant of C/O PENNSYLVANIA PLACE, APT 2506, 301 CHESTNUT ST, HARRISBURG, PA. 17101-2761-31 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 28, 2008 at 8: 3 OAM for a hearing. 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed 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-509 Rev. 1 Worker ID 21302 r ` BLASS If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: C, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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. V- O' LEARY CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 PACSES Case Number: 922109214 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) 2 4 0 - 6 2 2 5 . 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-509 Rev. 1 Worker ID 21302 C-0 ...1 C . ?i . t.+ LUTHER E. MILSPAW, Jr. ATTORNEY AT LAW 130 STATE STREET P.O. BOX 946 HARRISBURG, PA 17108-0946 LUTHER E. MILSPAW, Jr., Esquire Tara L. Ebright, Paralegal Specialist April 1, 2008 Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 Dear Mr. Long: SCANNED APR 0 2x008 Phone (717) 236-3141 Facsimile (717) 236-0791 Luthermilspaw@mblawfirm.com Tebright@mblawfirm.com htb Olo-?aS C.iv? ? Re: Blass v. O'Leary PACSES Case No. 922109214 Order entered March 17, 2008 ?YC(ld iA, ?- On behalf of Mr. O'Leary, a hearing de novo is requested. LEMjr/tle Very truly cc: David O'Leary, Esquire Samuel L. Andes, Esquire R.J. Shadday, Conference Officer - 0 LU M.frl Wit,; 3 r?r? 5; C-- W , ELAINE N. BLASS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DAVID F. O'LEARY, PACSES NO. 922109214 Defendant DOCKET NO. 06-805 CIVIL ORDER OF COURT AND NOW, this 28th day of April, 2008, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiff's request for modification, and the Defendant having withdrawn his request for hearing, upon recommendation of the Master, the interim order of March 17, 2008 is affirmed as a final order. B ourt, TCA X?j? V 21-AI E gar B. Bayley, J. Cc: Elaine N. Blass David F. O'Leary Samuel L. Andes, Esquire For the Plaintiff Luther E. Milspaw, Jr., Esquire For the Defendant DRO OD ELAINE N. BLASS, Plaintiff vs. DAVID F. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 805 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~~ day of (.tit , 2010, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated July 21, 2010, 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, cc: /Samuel L. Andes Attorney for Plaintiff / Luther E. Milspaw, Jr. Attorney for Defendant ~L ~~~~E~ ~~ q /4~. Kev n A. Hess, P.J. r°' S ,~ .~ ~~ o. R .~ ~c f% 4 .r d +o - 8'd ~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~l~~day of ~~ !~ , 2010, is by and between: DAVID F. O'LEARY, of 301 Chestnut Street, Apartment 2506, Pennsylvania Place, 25`h Ftoor, Harrisburg, Pennsylvania 17101, party of the first part, hereinafter referred to as "Husband"; and ELAINE N. BLASS, of 220 North 26~' Street, Camp Hill, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 19 March 1977 in Hazleton, Pennsylvania, and are the parents of three daughters, Joanna, born 6 September 1981, Margaret, born 2 December 1983, and Jacqueline, barn 5 August 1987, all of whom are more than 18 years of age and who are not the subject of this agreement; WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 2006-805 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by Luther E. Milspaw, Jr., Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the equitable division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after bath parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other goad and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ~ ~~, f ~,~.~~~ ~1~ f/~o ~~~ ~'/ef~o~w~~~ I ~, , ~ 1. MARITAL RESIDENCE. Husband covenants and agrees to convey to Wife, as her sole and separate property, the real estate presently awned by the parties hereto as tenants by the entireties and being known as 220 North 26th Street in the Borough of Camp Hill, Cumberland County, Pennsylvania, subject, however, to all liens, encumbrances, easements, and restrictions presently existing thereon. The parties agree that, for purposes of their settlement, the property has a fair market value of $410,OOO.OOand that the principal balance owed on the mortgage against the property is approximately $74,497.00 and that, therefore, the parties' equity in the property, for purposes of this Agreement is $335.503.00. In furtherance of this Agreement, Husband represents that he has, as of the date of this Agreement, executed, acknowledged, and delivered to his attorney, a deed to said real estate, conveying the same as above described to Wife, and has delivered such Deed to his attorney, to be held by him in escrow and to be delivered to Wife or her attorney at the time that she obtains Husband's release from the obligation secured by the mortgage against the residence in accordance with Paragraph 2 hereof. 2. MORTGAGE AGAINST RESIDENCE. The parties acknowledge that the marital residence is encumbered by a mortgage owed to Wells Fargo Home Mortgage, on which there is a balance owed for purposes of this Agreement of $74,497.00. Wife shall assume the mortgage to obtain Husband's unconditional release from the debt secured by it. In the event that Wife is not able to assume the mortgage within ninety (90) days of the date of this Agreement, she shall have ninety (90) days thereafter to arrange the refinancing of the mortgage or to otherwise obtain Husband's unconditional release from the debt secured by the mortgage against the property. The parties agree that they will cooperate to arrange any assumption of the mortgage or refinancing or other action required to obtain Husband's release from such debt within the time limit set forth in this paragraph. Until such time as Husband has been released from liability on the debt, Wife will continue to make the monthly installment payments of principal and interest,keep the present casualty, comprehensive and liability insurance coverage, naming Husband as an insured or additional insured, in full force and effect, take all other actions required to avoid default under the existing mortgage loan, and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. In the -z- ~, ~ event that Wife is successful in assuming the mortgage against the residence, Husband will reimburse Wife one half of all fees or expenses charged by the mortgage-holder for such assumption to a maximum of $500.00. 3. HUSBAND'S INTEREST IN RHOADS & SINON. LLP. During the marriage, Husband became a partner and owns a partnership interest in the law firm, Rhoads &Sinon, LLP. He con#inues to own a partnership interest as of the date of this agreement and the parties have agreed, for purposes of this agreement, that his partnership interest has a value of $105,000.00. The parties agree that Husband steal! retain his partnership interest in the law firm free of any further claim by Wife and Wife does hereby waive, release and relinquish any claim to or interest in Husband's partnership interest in Rhoads &Sinon, LLP. 4. NORTHWESTERN MUTUAL LIFE INSURANCE POLICY. The parties acknowledge that, during the marriage, Husband became the owner of a policy of insurance on his life issued by Northwestern Mutual Life Insurance Company, the premiums of which have been paid by Rhoads &Sinon, LLP, or its predecessor. The parties further agree that the value of the marital portion of the cash value of the policy,. for the purposes of this Agreement, is $175,690.00. The parties agree that Husband shall retain the policy and its cash value and Wife does hereby waive, release and relinquish any claim to or interest in said policy, specifically including its cash value and other cash accumulation, and confirms the policy and its cash value to be the sole and separate property of Husband. 5. MOTOR VEHICLES. The parties acknowledge that Husband is the owner of a 1997 Honda Accord DX and they have agreed that the value of that vehicle, for purposes of this Agreement is $2,825.00. Husband shall retain the vehicle and Wife waives any interest in or claim to it or its value. Wife is the owner of 2003 Honda Accord LX and the parties agree that, for purposes of this Agreement, the vehicle has a value of $6,925.00. Wife shall retain the vehicle and Husband waives any interest in or claim to it or its value. Each of the parties shall be responsible to insure the vehicle assigned to them by this paragraph and to pay and satisfy all debts, expenses, and obligations arising out of their use or ownership of the vehicles and shall, further, indemnify and save the other party harmless from any claims made against such other party as a result of their use or ownership of their vehicle. -3- ~ , x, 6. CASH ADJUSTMENT. The parties agree that they will divide the equity in the marital residence, the value of Husband's ownership interest in Rhoads &Sinon, LLP, the cash value of the Northwestern Mutual Life Insurance policy, and the value of their two vehicles, collectively totaling $625,943.00, so that Wife receives fifty-five (55%) percent ($344,268.65) of the total value, as established by the preceding paragraphs, and Husband receives forty-five (45%} percent ($281,674.35} of the said total value. They shall accomplish that division as follows: A. Wife will retain: The equity in the marital residence $335,503.00 Her 2003 Honda Accord LX $6,925.00 Total retained by Wife $342,428.00 B. Husband will retain: His interest in Rhoads &Sinon, LLP $105,000.00 Cash value of Northwestern Mutual Life Insurance policy $175,690.00 His 1997 Honda Accord DX $2,825.00 Total retained by Husband $283,515.00 Further, Husband shall pay to Wife, upon the execution and delivery of this Agreement, the sum of $1,840.65 in cash, to accomplish the distribution and division of the assets outfield above. 7. DIRECTLY HELD STOCK. The parties acknowledge that they own, individually or jointly, stock in various corporations which are identified on the list attached hereto and marked as Schedule A. They agree that they shall divide such stock, in kind, to the fullest extent possible, so that Wife receives fifty-five (55%) percent of the shares of each individual stock and Husband receives forty-five (45%) percent. In the event that the stock cannot be divided in kind in accordance with these percentages, the parties will undertake to adjust the distribution of the stock by a cash payment from one party to the other or, if necessary, the liquidation of some of the stock, so that Wife receives fifty-five (55%) percent of the total value of al( of the stock on the date it is transferred, and Husband receives forty-five -a- .* (45%) of such value. The parties will cooperate with each other and with a stockbroker or other professional to accomplish the division of the stock in accordance with this paragraph as promptly as possible after the date of this agreement. 8. TAX-DEFERRED AND OTHER RETIREMENT ASSETS. The parties acknowledge that they own, in their individual names, various tax-deferred accounts, including individual retirement accounts, Husband's account within the R & SProfit-Sharing Retirement Plan (hereinafter referred to as the "401(k) Plan"), all of which accounts are listed on Schedule B which is attached hereto and made a part hereof. The parties also acknowledge that Wife accrued, during the marriage, benefits within the Pennsylvania State Employees Retirement System which will be included in their distribution of their tax-deferred assets. The parties agree that they shall divide and distribute those tax-deferred accounts and Wife's SERS benefits as follows: A. They shall establish the value of all of the accounts as of 30 June 2010. The parties agree that the value of Wife's benefits within SERS shall be valued, for purposes of this distribution, at $45,157.00. B. They will calculate and agree upon the value of the marital portion of Husband's account within the 401(k) Plan on the same date they use to establish the value of the other accounts. For purposes of this paragraph and paragraph D below, the "marital portion" of Husband's 401(k) plan shall be defined as the balance in Husband's account on 30 November 2005, increased or decreased by the investment returns on that balance to the date selected by the parties pursuant to sub-paragraph A above. C. Each of the parties will retain the tax-deferred retirement accounts currently held in their name, with the exception of Husband's account within the 401(k) Plan, which shall be divided in accordance with sub-paragraph D hereof. D. Using the values determined in accordance with sub-paragraphs A and B, the parties shall divide all of these assets, Wife's SERS benefits and the accounts listed on Schedule B, and the marital portion of Husband's 401(k) plan, so that Wife receives fifty- five (55%) percent of their total value calculated in accordance with this paragraph. To -5- accomplish such distribution, Husband shall transfer from the marital portion of his account within the 401(k} Plan assets having a value sufficient to provide to Wife fifty- five (55%} percent of the total value of all of these assets. The amount determined to be transferred as of 30 June 2010 from Husband's 401(k) plan will be subject to increase or decrease at the same percentage rate as the investment returns on Husband's account within the 401(k) Plan from 30 June 2010 until the date the distribution to Wife's account is completed. Wife's share of the assets to be transferred to her account under sub- paragraph Ehereof shall be allocated on a pro-rata basis among all of the accounts and assets maintained on Husband's behalf under the plan. E. The transfer of assets from Husband's 401(k) Plan shall be made by a Qualified Domestic Relations Order prepared by Jonathan D. Cramer, F.S.A., of Conrad Siegel Actuaries. The parties will cooperate to obtain, have entered, and implement such order and will share equally the cost of obtaining, entering, and implementing the order. The order will provide that the funds rolled out of Husband's 401(k} Plan account shall be transferred into atax-deferred account identified and selected by Wife. The parties will cooperate to implement the terms and provisions of this paragraph as promptly as possible after the date of this agreement. 9. BROKERAGE, MUTUAL FUND AND OTHER INVESTMENT ACCOUNTS The parties acknowledge that they currently own and acquired during the marriage various stock and other investment accounts currently held in their joint names, which accounts are listed on Schedule C attached hereto and made a part hereof. The parties agree that they shall divide and distribute the assets within those accounts so that Wife receives fifty-five (55%) percent of the value of each account on the day it is divided or distributed and Husband receives forty-five (45%} percent of such value. To the fullest extent possible, the division and distribution will be made in kind to avoid liquidation of any of the assets within each account. Further, the parties agree that the share of each of them shall be distributed and divided pro-rata so that each party, to the fullest extent possible, receives their percentage share of each individual asset within each account. The parties will cooperate with each -6- other and with the companies holding the accounts to accomplish the division and distribution of these accounts as promptly as possible after the date of this agreement. 10. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and 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, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 11. ALIMONY. Husband shall pay Wife alimony as follows: A. Commencing with the first month following the termination of the order of alimony pendente lite in accordance with Paragraph 12 hereof, Husband shall pay alimony to Wife as follows: (1) For purposes of alimony, the parties agree that Wife's earning capacity is $48,750.00 per year and shall remain at that level until 31 December 2016. The parties have further agreed that Wife's effective tax rate for all income and social security taxes, is twenty-one (21%) percent. Accordingly, they have agreed that Wife's monthly income, net of taxes, for purposes of this Agreement and Husband's alimony obligation, is Three Thousand Two Hundred and Nine and 38/100 ($3,209.38) Dollars per month as her net earning capacity. (2) The amount of alimony shall be equal to thirty-five (35%) percent of the difference between Husband's monthly draw from his law firm, reduced by thirty and one-half (30.5%) percent of such draw as an allowance for income, social security, and other taxes, and Three Thousand Twa Hundred and Nine and 38/100 ($3,209.38) Dollars per -~- t~ month (which the parties agree is Wife's net income or income capacity}, calculated in accordance with sub-paragraph (1) hereof.) Those payments shall be made bi-monthly in an amount equal to one-half of the monthly obligation, within five days of the receipt of his bi-monthly draw normally received on the 15`h day and last day of each month, and shall continue each consecutive month during the term of alimony as provided for herein. In addition to the above, and as alimony, Husband shall pay Wife thirty-five (35%) percent of any distributions or bonuses which he receives from the law firm beyond his basic monthly draw, again reduced by thirty and one-half (30.5%) percent for income, social security, and other taxes. B. The term of alimony will continue until 31 December 2016 or upon the death of either party, whichever first occurs. C. The amount and term of alimony shall not be subject to modification except in the event that one of the parties becomes partially or totally disabled and the disabled party is unable to work full-time as a result of that disability. In the event of such disability, all sources of income available to the disabled party, including but not limited to, any earned income, socia! security retirement benefits, social security disability payments, temporary or permanent disability income insurance benefits, workers' compensation, unemployment compensation, and the like (but specifically excluding any accounts or assets equitably divided and distributed by the parties pursuant to paragraphs 1 through 10 of this agreement including the replacement assets or accounts) shall be considered in any modification of the alimony. In calculating the modified alimony, the disabled party's income from such sources, and the actual tax rate shall be used instead of sub-paragraph A(1) for Wife or sub-paragraph A(2) for Husband. D. Husband shall provide verification to Wife of all distributions and bonuses he receives from the law firm within ten (10) days of the date he receives such distributions or bonuses and shall, at the same time, make payment to her of the additional payment -s- due her under sub-paragraph A hereof. Husband shall also provide to Wife annually, a copy of his partnership K-1 form and a list of all distributions from the partnership, within ten (10~ days of the date he receives his Schedule K-1, which the parties anticipate will be some time in March of each year. Further, each party shall provide copies of all W-2 or 1099 statements, K-1 Schedules, or other tax-reporting documents which reflect income received by them during the preceding year, within ten (10) days of the receipt of such documents. E. The payment of alimony pursuant to this paragraph shall be secured by a court order entered in the divorce action between the parties. The parties agree, however, that, unless there is a default in Husband's payment, such payments shall be made by Husband directly to Wife and not through the Domestic Relations Office of Cumberland County. In the event there is a default, either party may request that the order for alimony be administered, collected, and distributed by the Domestic Relations Office and its collection system. Both parties agree that they shall treat the payments made by Husband to Wife pursuant to this paragraph as alimony for income tax purposes, by Wife including such payments within her income for tax purposes, and Husband deducting such payments for tax purposes. 12. TERMINATION OF ALIMONY PENDENTE LITE. The Court of Common Pleas of Cumberland County has entered an order in this action (PACSES Case # 922109214) which obligates Husband to make monthly payments of alimony pendente lite to Wife. The parties agree that such order shall remain in effect, subject to the overpayment credit to be calculated per paragraph 13 hereof, until the (ast day of the month in which the final decree in divorce between them is entered and the alimony payments pursuant to the preceding paragraph commence, so there is no interruption of payments to Wife. The parties further agree that any arrearage or credit on the order on the date of its termination, as reflected on the records of the Domestic Relations Office, will be paid by the party owing such arrearage or credit to the other party within ten (10) days of the termination of the order. Further, the -9- parties agree that they will execute and deliver any and all documents necessary to terminate that order in accordance with this paragraph. 13. ADJUSTMENT OF ALIMONY PENDENTE LITE PAYMENTS. The parties have agreed, for purposes of settlement, that Husband has overpaid alimony pendente lite to Wife pursuant to the last order entered by the Court of Common Pleas of Cumberland County. The parties agree that they shall adjust for such overpayment as follows: A. For al(overpayments made by Husband in calendar year 2008, Wife shall pay Husband, at the same time Husband makes the cash payment to her pursuant to Paragraph 6 of this Agreement, the sum of $3,177.60. Wife has already paid $2,000.00 to Husband against this obligation. Both parties shall account for the payment of $3,177.60 by Wife to Husband on their 2009 Federal tax returns in the following manner: by Wife reporting $3,177.60 less in alimony income on her 2009 Federal Return, and Husband reporting $3,177.60 less in alimony payments on his 2009 Federal Return. With the payment made by Wife to Husband, the parties acknowledge that all claims arising out of the order for alimony pendente lite which have arisen prior to 31 December 2008, have been resolved. B. After the alimony pendente lite order is terminated, the parties will calculate their incomes for 2009 and the period between 1 January 2010 and the date the alimony pendente lite order is terminated pursuant to the proceeding paragraph, calculate the federal, state, and focal income taxes and social security taxes imposed upon that income, and recalculate the appropriate amount of alimony pendente lite Husband should have paid to Wife during that period based upon their incomes during that period. Wife's earning capacity (income) for 2009 and 2010 shall be deemed to be $48,750. The method used to calculate the appropriate APL monthly payment for 2009 and 2010 shall be the method as set forth in Schedule D hereto. This calculation will be done after 31 December 2009 and 31 December 2010 and if there is a difference, the amount will be adjusted between the parties and payments made as appropriate. If -10- Husband has overpaid his alimony pendente lite during those periods, Wife shall make a cash payment to Husband, within one hundred twenty (120) days of the date the parties conclude their calculations, equal to the amount of such overpayment. If Husband has underpaid his alimony pendente lite during such periods, Husband shall make an additional cash payment, again within one hundred twenty (120) days of the date the parties agree upon the amount of such payment, to Wife to make up that underpayment. The parties agree to cooperate with each other to perform the calculations so that their tax returns can be filed in a timely manner with the required adjustments made. 14. WAIVER OF FURTHER CLAIMS FOR ALIMONY SUPPORT AND ALIMONY PENDENTE L1TE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 15. WAIVER OF FURTHER CLAIMS FOR EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and -11- 7 ~ being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 16. WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital property as contemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they have the right to ask a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage informal litigation to have the court do so. Because of the division or distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing their rights to have the court equitably distribute or divide their marital property following litigation by the parties, the parties hereto do hereby waive and release any right to have the court make such equitable distribution or for them to litigate any claims relating to equitable distribution in the divorce action contemplated by the parties. 17. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents far himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and -iz- 1 l r ,• Y. promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 18. WAIVER OF FURTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which maybe necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. ~~ ~~~~ 19. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 20. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources awned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action -13- k ~ ~ ~ which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 21. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. 22. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. -xa- * J 4 23. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 24. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 25. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. -. ess " ~ iti e ' ' - -is- f Sao ELAINE N. GLASS ~ • -. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS.. On this, the ~ s"~ day of .~ , 2010, before me, the undersigned officer, personally appearCfl DA ID F. O'LEARY known to me or satisfactoril roven ( yp )to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ~~ My mmission Expires: coMM !,TM ot~ P~v~mvANu N07ARW.5EAL CYNt~ HL. SANT p~,~N (SS.. COUNTY OF CUMBERLAND 1 On this, the i`~ day of 2010, before me, the undersigned officer, personally appeare LAINE BLASS known to me (or satisfactorily proven) to be the person whose name is subscribed tot a withi instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and officia! seal. My Co fission Expires: :. COMMONWEALTH pgNNSYLVANIA NOTARIAL SEAL AMY M. HARKINS, Notary Public M Lemoyne Boro., Cumberland Coun -16- ~~. SCHEDULE A ASSfE'1'* 280 Shares of Dell Corporation at $12.20/share 3.4 shares of PNC Bank stack at $66.67/share Approximately 200 shares of Merck stock at $30.95/share 23 shares of Hewlett Packard stock at $38.28/share 21 shares of IDEARC stock at $.38/share 417 shares of Verizon stock at $29.67/share 1 share of Tim Norton's stock at $21.96/share .814 Shares of Wendy's Corporation stock at $3.62/share *The share values reflected are not current values, but since the shares are being divided in kind, current values are not necessary. -27- ,~'. SCHEDULE B AssET Wife's Individual Retirement account with T. Rowe Price Wife's Individual Retirement Account with Fidelity investments Wife's retirement account with TIAA-CREF Marital portion of Husband's account within the Rhoads & Sinon, LLP Profit Sharing Plan Husband's IRA with Calvert Funds (Account No. 1882786) Husband's IRA with Calvert Funds (Account No. 2203503) Husband's IRA with Van Kampen Funds Wife's benefits within the PA State Employees Retirement System -is- x ~ ~ 1 SCHEDULE C ASSET Joint stock account with Scott Trade NOTE: The parties previously owned jointly an investment account with Vanguard Funds and Fidelity Funds, which they recently divided to their satisfaction. As a result, these two investment accounts are removed from this list. In addition the parties previously owned jointly a stock account with RBC Dain Rauscher (now known as RBC Wealth Management), which the parties have transferred into their joint stock account with Scott Trade. ~F~ I S ~e `~ ~-, SCHEDULE D TO PROPERTY SETTLEMENT AGREEMENT BETWEEN DAVID F. O'LEARY AND ELAINE N. BLASS This Schedule D provides a method of calculating the appropriate Alimony Pendente Lite (APL} monthly payment for 2009 and 2010 in order to determine whether David O'Leary overpaid or underpaid APL to Elaine Blass during 2009 and 2010. The method of calculating the appropriate APL monthly payment consists of three steps. 1. Fu•st, determine the appropriate tax rate for David and Elaine with reference to their respective Federal tax Returns for 2009 and 2010. 2. Second, apply this tax rate to David and Elaine's earned incomes in the months in which David paid APL to Elaine in order to get David and Elaine's monthly net earned income. 3. Third, subtract Elaine's monthly net earned income from David's monthly net earned income and take 40% of that amount to arrive at appropriate APL monthly payment. 1. The Appropriate Tax Rate David O'Leary A. Take Federal Income Tax (FTT) and Self-Employment Tax Owed as the number appears on Line 61 ("This is your total tax") on Federal Income Tax Return and Divide by "Total" Income number on Line 22 of Federal Income Tax Return ($ (Line 61) divided by (Line 22)) = A. % B. Pennsylvania Income Tax (PTT) B. 3.07 % C. Local Income Tax (LIT) C. 1.00 % D. Total Tax Rate Paid by David (Add A through C) D. % Elaine Blass 7775?8.3 E. Take Federal Income Tax (FTT) owed as the number appears on Line 61 ("This is your total tax") on Federal Income Tax Return and Divide by "Total" Income number on Line 22 of Federal Income Tax Return ($ (Line 61) divided by (Line 22)) = E. F. Social Security Tax F. 6.2 % G. Medicare Tax G. 1.45 H. PIT H. 3.07 1 of 3 (5/27/2010) x ~~ I. LIT I. 1.00 J. Total Tax Rate Paid by Elaine (Add E through J) J. % 2. Apply Tax Rates to earned Incomes in the months in which David paid APL to Elaine to get Monthly Net Income David O'Leary K. Gross Cash Income (draw, distribution and bonus) in the months in which David paid APL to Elaine from Rhoads &Sinon in calendar (not tax) years 2009 and 2010 g, $ L. Multiplied by % (Line D) equals ( )taxes paid M. Minus taxes paid (the amount in parenthesis in L above) - M. $ N. Net Income for the months David paid APL to Elaine N. $ O. Divided by the number of months that David paid APL to Elaine2 -equals Monthly Net Income for David O, $ Elaine Blass P. Earning Capacity ($48,750.00} divided by 12 months and multiplied by the number of months in the calendar year David paid APL to Elaine p. $ Q. Multiplied by % (Line J) equals ( )taxes paid R. Minus taxes paid (the amount in parenthesis in Q above) - R. $ S. Net Income for the months David paid APL to Elaine S. $ ~ In calendaz yeaz 2009 David's Gross Cash Income from Rhoads &Sinon was $205,500. The 2010 number cannot be determined until the month following the end of APL. Calendar yeaz gross cash income is being used because that was the number used by Domestic Relation's Officer RJ Shadday in calculating APL in her Order dated March 17, 2008 and by Sam Andes, Esq. in his letter dated May 19, 2009 regarding the APL overpayment for 2008. See page 3 of letter where Sam Andes, Esq. uses $186,431 as David O'Leazy's gross 2008 income from Rhoads &Sinon, which is calendar year cash income from Rhoads &Sinon. ' In calendar year 2009, David paid APL to Elaine for the entire year, i.e., 12 months. In calendar year 2010 the parties cannot determine at this time how many months David will pay APL to Elaine, since pursuant to terms of Property Settlement Agreement, APL may terminate at the end of a month during 2010 to be replaced by Alimony at the beginning of [he following month. 2of3 777528.3 ~+, •~ a ~ h T. Divided by the number of months that David paid APL to Elaine -equals Monthly Net Income for Elaine U. EIaine's monthly net earned income {Line T) is subtracted from David's monthly net earned income (Line O}. Then, take 40°Io of that amount to arrive at appropriate monthly payment of APL. 3. Appropriate Monthly APL Payment V. The current APL Order of March 17, 2008 Docket No. 06-805 provides that David pays $3,736.00 per month to Elaine. Depending upon the result of the calculations as described in paragraph U above, the appropriate monthly amount of APL may have been more or less than the current APL amount of $3,736.00. Accordingly, David may have overpaid or underpaid APL in 2009 and 2010. W. Such APL overpayments or underpayments from David to Elaine in 2009 and 2010 will be adjusted between David and Elaine after this Schedule D is completed in 2010 (for 2009) and 2011 (for 2010). If there is an overpayment Elaine will pay David the amount of the overpayment. If there is an underpayment David will pay Elaine the amount of the underpayment. We agree to this Schedule D to the Property Settlement Agreement between David F. O'Leary and Elaine N. Blass. d/D Date ~ a, ~~~ d Date T. $ 3 of 3 ~775?6.3 ELAINE N. BLASS, Plaintiff vs. DAVID F. O'LEARY, Defendant ~.r ~ ,'4~ .~ -~ ' o '~ T. ; IN THE COURT O>* £OMMfl~ PLEAS OF CUMBERtIANI~4,, COUNTY, PENNSYLVANIA -~, .. ~ CIVIL ACTION - LAVA- ... c C . NO. 06-805 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 19 February 2006 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER. OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~- ~-~~~0 Dated: ELAINE N. BLASS T; ELAINE N. BLASS, Plaintiff VS. DAVID F. O'LEARY, Defendant IN THE COURT OF ACC PLEAS OF CUMBE) COUNTY, PENNSY V. CIVIL ACTION - NO. 06-805 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed of 2006 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intl Request Entry of the Decree. 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, 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 copy of the decree will be sent to me immediately after it is filed with the Prothonotarya I verify that the statements made in this Affidavit are true and correct. I understand statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating?to i falsification to authorities. ? Ala Dated: e DAVID F: Z)TEARY 19 February have to fees, or and that a false ELAINE N. BLASS, VS. DAVID F. O'LEARY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO.2006-805 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a div~ce N decree: c ° -n=om 1. Ground for divorce: ~ cz~ ~ ~ c~ _~,..~ Irretrievable breakdown under 3301 (c) vg'` tv r' ~' C ° (Strike out inapplicable section) --~ 2. Date and manner of service of the complaint: ~ o Acceptance of Service filed indicating service on Defendant on 22 February 2006. _ ~' C N 3. Complete either paragraph (a) or (b). --; -~ ~ a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 6 August 2010 ; by defendant 9 August 2010 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's 3301 (d) affidavit upon the respondent opposing party: 4. Related claims pending: None. 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 6 August 2010 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 9 August 2010 ttomey lainti 0 -,~ ~'n ~~ -o ~ ~~ ~~ --~ O ~~ c~ -r` ~~ a ~.,~ .~D -~ ,, IN THE COURT OF COMMON PLEAS OF ELAINE N. BLASS, :CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID F. O'LEARY, 2006-805 CIVIL TERM NO. DIVORCE DECREE AND NOW, /uw~..Gv 2'~ 2 oic , it is ordered and decreed that ELAINE N. BLASS, plaintiff, and DAVID F. O'LEARY, ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, ~~ Attest: / /) J. notary ~~, ~, a.~ Andes ~z ~ijo ~ ~ `~OPH ~ ~ a~ M~ tsPa'~' ~ ~~~~ ~~ ., Elaine N. Blass IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL TERM IN DNORCE David F. O'Leary NO. 2006-805 Defendant QUALIFIED DOMESTIC RELATIONS ORDER I. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated July 21, 2010. The Court merged the Property Settlement Agreement into its Decree of Dissolution of Marriage dated Nhs,.6ti t s.~o . 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of Fact Pursuant to Code §414(p) 3. This QDRO applies to the Rhoads & Sinon, LLP Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's Payee's rights as stipulated under this Order. 4. David F. O'Leary ("Participant") is a participant in the Plan. Elaine N. Blass ("Alternate Payee") is the alternate payee for purposes of this QDRO. The Participant's name, mailing address, Social Security Number, and date of birth are: Name: David F. O'Leary Address: 301 Chestnut Street, Apt. 2506 Pennsylvania Place, 25s' Floor Harrisburg, PA 17101 SS#: See Addendum DOB: See Addendum 6. The Alternate Payee's name, mailing address, Social Security Number, and date of birth are: Name: Elaine N. Blass Address: 220 North 26th Street Camp Hill, PA 17011 SS#: See Addendum DOB: See Addendum The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this Order is $402,613.73 of the Participant's total account balance accumulated under the Plan as of the following determination date: June 30, 2010 (or the nearest valuation date thereto). The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in account(s) established on her behalf and shall be credited with any investment income, gains, or losses attributable thereto from June 30, 2010, until the date of total distribution to the Alternate Payee. Her accounts shall be established in the same ratio as the Participant's accounts as regards any elective deferral account, nondeductible employee account, qualified nonelective contribution account, employer contribution account, or rollover/transfer account. The accounts established for the Alternate Payee shall be invested in the same investment mix elected by the Participant for his accounts until such time as the Alternate Payee submits an affirmative election to the Plan Administrator. However, the investment mix shall not include any loan to the Participant which it treated by the Plan as an investment sub-account of the Participant. III. Recitals Pursuant to Code §414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. N. Time and Manner of Payment 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, together with allocable earnings or losses, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code §414(p)(4){B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payees under the terms of the Plan, including, but not limited to, a lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate. Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to the Alternate Payee's estate or any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. CONSENT TO ORDER: Plaintiff/Alternate Payee Date ~ C~`}~ f~ Attorney for Plaintif Date Alternate Payee Attorney for Participant ~~ 0 c-~ c o 'n ~ ~ rY°~ ~ c~ ~ i=- :~~ -= afl ~n~ ~ ~ ~ -n -v n _` ~ --~ -C " ~ --~ 13~~0 BY THE COURT Q I` E_ 1-fir IC- Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 "I 11 ?''F? i4ttorney for Defendant Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-079tkr+i'(jj+?? Email: Luthermilspaw0)milsnawlaw irm?noMI C u VA M HA ELAINE N. BLASS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DAVID F. O'LEARY, Defendant Docket No. 06 - 805 PACKS Case No. 922109214 IN DIVORCE PETITION TO TERMINATE ALIMONY PENDENTE LITE AND NOW, comes Defendant, DAVID F. O'LEARY, by and through his attorney, Luther E. Milspaw, Jr., Esquire, and files this petition to terminate alimony pendente lite in the above- captioned proceeding and in support thereof, avers as follows: 1. Petitioner is DAVID F. O'LEARY, Defendant in the above-captioned matter. 2. Respondent is ELAINE N. BLASS, Plaintiff in the above-captioned matter. 3. The parties were divorced by Decree in Divorce entered November 2, 2010. A true and correct copy of said Decree in Divorce is attached hereto as Exhibit "A". 4. By written Property Settlement Agreement dated July 21, 2010, the parties agreed that the above-captioned order shall remain in effect until the last day of the month in which the final decree in divorce is entered. 5. By agreement of the parties, it is requested that the APL order entered in this proceeding be terminated effective November 30, 2010. 6. Samuel L. Andes, Esquire, attorney for Respondent, concurs in the granting of this Petition and the entry of an order thereon terminating APL. WHEREFORE, Petitioner respectfully requests this Honorable Court to terminate the current order for alimony pendente lite. e pe fully s ed, LUTHER E. MILSPAWW, Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant Dated: November 10, 2010 4 ELAINE N. BLASS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 06 - 805 DAVID F. O'LEARY, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Petition to Terminate Alimony Pendente Lite upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 10' day of November 2010, addressed as follows: Samuel L. Andes, Esquire 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 LUTHER E. MILSPAW Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant J rr- t _ T 1 ILA.. ill "I FI^ 1 P •. Luther E. Milspaw, Jr., Esquire €?rr 16 I !? ?y 17 Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Attorft n?E R? Harrisburg, PA 17108-0946 kr)C`! E i=rir (717) 236-3141 FAX (717) 236-0791 Email: Luthermilsaaw(,rDmilspawlawfirm.com ELAINE N. BLASS, IN THE COURT OF COMMON PLEAS ... Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DAVID F. O'LEARY, Defendant Docket No. 06 - 805 PACSES Case No. 022109214 IN DIVORCE PETITION TO TERMINATE ALIMONYPENDENTE LITE AND NOW, comes Defendant, DAVID F. O'LEARY, by and through his attorney, Luther E. Milspaw, Jr., Esquire, and files this petition to terminate alimony pendente lite in the above- captioned proceeding and in support thereof, avers as follows: 1. Petitioner is DAVID F. O'LEARY, Defendant in the above-captioned matter. Respondent is ELAINE N. BLASS, Plaintiff in the above-captioned matter. 3. The parties were divorced by Decree in Divorce entered November 2, 2010. A true and correct copy of said Decree in Divorce is attached hereto as Exhibit "A". 4. By written Property Settlement Agreement dated July 21, 2010, the parties agreed that the above-captioned order shall remain in effect until the last day of the month in which the final decree in divorce is entered. By agreement of the parties, it is requested that the APL order entered in this proceeding be terminated effective November 30, 2010. 6. Samuel L. Andes, Esquire, attorney for Respondent, concurs in the granting of this Petition and the entry of an order thereon terminating APL. 41 WHEREFORE, Petitioner respectfully requests this Honorable Court to terminate the current order for alimony pendente lite. WT-MRV. I SP W, Jr. Attorney ID 19, 26 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant Dated: November 8, 2010 f ELAINE N. BLASS, vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DAVID F. O'LEARY, Defendant Docket No. 06 - 805 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Petition to Terminate Alimony Pendente Lite upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 8`h day of November 2010, addressed as follows: Samuel L. Andes, Esquire 525 North 12`h Street P.O. Box 168 Lemoyne, PA 17043 IyUTHER I S AW, Jr. Attorney I No. 226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant ELAINE N. BLASS, Plaintiff/Petitioner VS. DAVID F. O'LEARY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-805 CIVIL TERM IN DIVORCE PACSES CASE: 922109214 - r.. 7M ON ?o 1 7 rn 'zD ORDER OF COURT AND NOW to wit, this 15th day of November, 2010, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective November 30, 2010, pursuant to the terms of the parties' Property Settlement Agreement dated July 21, 2010 and the Divorce Decree dated November 2, 2010. There is a current case balance of $3736.00 as of November 15, 2010 and will be paid off with the current wage attachment. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Albert . MJ. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. Luther E. Milspaw, Jr. Form OE-001 Service Type: M Worker: 21005 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 06-805 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 12/01/10 O Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE:O'LEARY, DAVID F. EmployerA/Vithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 024-38-5975 Employee/Obligor's Social Security Number RHOADS & SINON LLP 3154101830 PO BOX 1146 Employee/Obligor's Case Identifier 1 S MARKET SQ (See Addendum for plaintiff names HARRISBURG PA 17108-1146 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. 0o per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ o.00 per month in current medical support C:) $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support -Cy3 ° $ o . oo per month in past-due spousal support ?M rM rni= -urn $ 0.00 per month for genetic test costs r- $ o . oo per month in other (specify) tv o? --4 co $ one-time lump sum payment ? C-) 3 C ? for a total of $ o. oo per month to be forwarded to payee below. ,cam-. tv rrl You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle aves a6t ma h the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o. oo per semimonthly pay period (twice a month) $ 0. oo per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic aavment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the EmployeelObligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: b+rt 4?- H: Masland, Judge Form EN-028 Rev.5 DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heckefl you are required, to provide a copy of this form to your?mployee. If yoyr employee %rks in a state that is di event rrom the state that issued this order, a copy must be provi ed to your emp oyee even if t 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the empioyeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2313053770 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: O' LEAKY, DAVID F. EMPLOYEE'S CASE IDENTIFIER: 3154101830 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendanVObligor: O'LEARY, DAVID F. PACSES Case Number 922109214 Plaintiff Name ELAINE N. BLASS Docket Attachment Amount 06-805 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker I D $ IATT