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HomeMy WebLinkAbout06-1882KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast.net MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O(. - atul- tQ7/L yj CIVIL ACTION - LAW IN DIVORCE N O T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C&.- IS,fZ. CIVIL ACTION - LAW 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 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 17013. 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. KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast. net MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. aL - `P?o?, CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, MICHELLE CARTER, by and through her attorney, SHANE B. KOPE, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is MICHELLE CARTER, an adult individual who currently resides at 4 Dulles Drive, West G8, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is SHAWN D. CARTER, an adult individual who currently resides at 310 Anderson Town Road, Mechanicsburg, Cumberland County, Pennsylania 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 26, 1986 in North Carolina. 5. The Parties separated on February 24, 2006 when the Plaintiff moved out of the marital home. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as Specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a) (6) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Defendant has been engaging in activity that has seriously injured the Plaintiffs and the children's financial security. The Defendant has been spending the family's money from the marital accounts and refuses to discuss with the Plaintiff where the money is going. This activity has rendered Plaintiffs condition intolerable and life burdensome. 16. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (a) (6) of the Divorce Code. COUNT IV 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. The parties are the parents of the following unemancipated children who reside with the Plaintiff at the current time: NAME AGE SEX D.O.B. Steven Carter 16 Male November 7, 1989 Kelly Carter 13 Female September 15, 1992 19. For the preceding five years the children have resided with the following persons and at the following addresses: PERSONS ADDRESS DATES Michelle Carter 823 Erford Road 2002 - present Shawn Carter (Father) Camp Hill, PA Shawn Carter (Brother) 20. Plaintiff has not participated in any other litigation concerning the custody of the children in this or any other state. 21. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 23. The best interests and permanent welfare of the child will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding Plaintiff shared legal custody of the child. COUNT V REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 24. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 25. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 26. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 27. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. COUNT VI ALIMONY 28. The Defendant has rendered Plaintiff unable to maintain any reasonable standard of living, let alone the standard the parties established during their marriage. 29. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff 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 VII ALIMONY PENDENTE LITE 30. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 31. 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 respectfully requests that the Court Order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. Respectfully Submitted, KOPE & ASSOCIATES Dated: S/Z 7104?1 "Shane B. Kope, q. VERIFICATION I, Michelle Carter, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: O Y?,L( M U Cc% Michelle Carter _ C) 71 W C C C O f/I t KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a)comcast. net Attorney for Plaintiff MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY. PA vs. : NO. 0 L - / SYZ SHAWN D. CARTER, CIVIL ACTION -LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Michelle Carter residing at 4 Dulles Drive, West G8, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Shawn D. Carter residing at 310 Anderson Town Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical and legal custody of the following children: NAME PRESENT RESIDENCE AGE Steven Carter 4 Dulles Drive, West G8 16 years Camp Hill, Pennsylvania D.O.B. 11/7/89 Kelly Carter 4 Dulles Drive, West G8 13 years Camp Hill, Pennsylvania D.O.B. 9/15/92 4. Steven Carter and Kelly Carter (hereinafter "children") were born in wedlock. 5. The children are presently residing with the Plaintiff. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Michelle Carter 823 Erford Road, 2001-Present Shawn D. Carter (Father) Camp Hill, PA Shawn Carter (Brother) 7. The mother of the children is Michelle Carter, currently residing at 4 Dulles Drive, Camp Hill, Cumberland County, Pennsylvania. She is married. 8. The father of the children is Shawn D. Carter currently residing at 310 Anderson Town Road, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Steven Carter Kelly Carter RELATIONSHIP Child Child 10. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following person: NAME RELATIONSHIP Chuck (Last Name Unknown) Roommate 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the children 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Plaintiff is requesting primary legal and physical custody of the children. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) The mental and emotional well being of the child will be served if they continue to live with their Mother on a regular basis. (b) Plaintiff is able to provide a stable home and emotional environment for the child; and (c) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and legal custody of the children. Respectfully Submitted, KOPE 7ane S Kope, sq. Dated: ,3/a 7/0(0 KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a)comcast. net Attorney for Plaintiff MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. D(v _ 1YS9 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this the 3rd day of April, 2006, 1 served a true and correct copy of the foregoing Complaint in Divorce and Custody via certified and regular U.S. First Class mail, postage prepaid, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 KOPE & ASSOCIATES hane B. Kop , Esq. I.D. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Plaintiff) ii ? <. ?. e ?Y ? i, t; ;<. MICHELLE CARTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1882 CIVIL ACTION LAW SHAWN D. CARTER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Thursday, April 6, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 oil Friday, May 12, 2006 at 12:30 PM for a Pre-Hearing- Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ /s/ Melissa P. Greevy, Esq. . -4r- Custody Conciliator Court of Common Pleas of Cumberland County is required by law to comply with the Americans The _ with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I ) a C h has *12 1 KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ftomcast. net MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES, COSTS AND EXPENSES Plaintiff, Michelle Carter by her attorney, Shane B. Kope, Esq., hereby petitions this Court for alimony pendente lite, interim counsel fees, costs and expenses and, in support thereof, respectfully represents: 1. The parties to this action separated on February 24, 2006. 2. Plaintiff retained Shane B. Kope, Esq. to represent her in her domestic relations matters in March. 2006. 3. On March 31, 2006, Plaintiff filed a Complaint in Divorce and Custody with a Count requesting Alimony Pendente Lite. 4. The Defendant, Shawn D. Carter, is employed and, upon information and belief, has an income of $1,200.00 biweekly. 5. At present, the parties are in litigation. 6. To date, Plaintiff has incurred approximately $1,094.00 in attorney fees representing approximately 7 hours of time spent by an attorney, a paralegal and disbursements. It is anticipated that by May 31, 2006 a minimum of 10 - 15 additional hours of time will be required to review, prepare for and attend the Custody Hearing in Cumberland County as well as inevitable proceedings in Cumberland County based on Plaintiffs Complaint in Divorce. 7. The Plaintiff makes considerable less money than the Defendant and currently does not have the level of income to maintain a standard of living comparable to the level maintained while married for her and the children. Plaintiff has become dependent on her family to pay counsel costs and fees. Defendant has left her and the children without adequate means to pay the standard cost of living bills. 8. The Defendant's recent actions towards Plaintiff indicates that he is unwilling to provide her with financial support and to negotiate a property settlement agreement, and protracted litigations is anticipated as a result of Defendant's unwillingness to negotiate the various aspects of this case. WHEREFORE, the Plaintiff respectfully requests this court enter an Order directing Defendant to pay the following: a) Maximum amount of Alimony Pendente Lite allowed by law to sustain the Plaintiff through the duration of this litigation and to pay his/her reasonable expenses; b) Interim counsel fees of $ 2,200.00 by Defendant to the Plaintiff within twenty days of the Order; and c) Such other relief as the court deems just and proper. Respectfully Submitted, KOPE & ASSOCIATES C Ko a q. Date: y I z /a C. CERTIFICATE OF SERVICE I, Shane S. Kope, Esquire, of The Law Offices of Shane B. Kope, hereby certify that on April 4, 2006, 1 served a copy of the foregoing Petition for Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses by depositing same in the United States Mail, certified mail first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 Defendant KOPE & ASSOCIATES -Sbane B. Kope, Esq. 4660 n Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 Attorney for Plaintiff D6 r_ r' KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ftomcast.net Attorney for Plaintiff MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this the 17th day of April, 2006, 1 served a true and correct copy of the foregoing Custody Complaint with Order of Court via restricted certified and regular U.S. First Class mail, postage prepaid, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 KOPE & ASSOCIATES ,Shane B. K? e, Esq. 1-0-S2207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Plaintiff) ?, MICHELLE CARTER, Plaintiff/Petitioner vs. SHAWN D. CARTER, Defendant/Respondent THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-1882 CIVIL TERM IN DIVORCE PACSES CASE NO: 594108236 ORDER OF COURT AND NOW, this 28"' day of April, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on May 23, 2006 at 8:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, die Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on April 28, 2006 to: Petitioner Respondent Shane B. Kope, Esquire f Date of Order: April 28, 2006 __ _ . J. S day, (o erenee Of wer 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 T(15 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 (// l KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoae(d1comcast. net Attorney for Plaintiff MICHELLE CARTER IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE &CUSTODY ACCEPTANCE OF SERVICE I, Shawn D. Carter, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce and Custody and the Order scheduling the Pre- Hearing Custody Conference. Date: ?' ? (P Shawn D. Carter C= a -n t +-li i .+ al t'?7 C-- ?if# OD KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoaeAcomcast.net Attorney for Plaintiff MICHELLE CARTER IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE &CUSTODY ACCEPTANCE OF SERVICE I, Shawn D. Carter, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Support and the Petition for Alimony Pendente Lite and the Order scheduling the Support Conference. Date: ?711 /0 (' <? ? C'_) I ___ D. Carter Q, -rt F r. J? .... F -Tj 4 MICHELLE CARTER, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-1882 CIVIL TERM SHAWN D. CARTER, IN DIVORCE Defendant/Respondent PACSES CASE NO: 594108236 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 12`" day of May, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Wednesday, May 31, 2006 at 9. 00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on May 5, 2006 to: Petitioner Respondent Shane B. Kope, Esquire f Date of Order: May 12, 2006 .ate J. $?adday Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND ((( ?I 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 b'.P?l?Jr'11,tS??l^J3d AlNncr -,,!-DgfNno Z Z :Z Wd S I AVW 9002 Atd ONOI.I1Qdd uH1 J0 30Ldt0-?Gllj MICHELLE CARTER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-1882 CIVIL TERM V. CIVIL ACTION - LAW SHAWN D. CARTER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 30' day of May, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michelle Carter and Shawn D. Carter, shall have shared legal custody of the minor children, Steven Carter, born November 7, 1989, and Kelly Carter, born September 5, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's right of liberal, partial custody. BY THE COURT: J. Dist: Shane B. Kope, Esquire, 4660 Trindle Road, Ste 201, Camp Hill, PA 17011 3O _0(. Shawn D. Carter, 310 Anderson Town Road, Mechanicsburg, PA 17055 41- ' 7,4j?Y ?'a46? r 30 r ? MICHELLE CARTER, Plaintiff/Petitioner VS. IN THE COURT OF CUMBERLAND CO CIVIL ACTION - NO. 06-1882 CIVIL SHAWN D. CARTER, IN DIVORCE Defendant/Respondent PACSES # 594108236 ORDER OF COURT AND NOW, this 31 st day of May, 2006, based upon the Court's Petitioner's monthly net income/earning capacity is $2788.46 and Respc income/earning capacity is $1899.72, it is hereby Ordered that the Respt Pennsylvania State Collection and Disbursement Unit, $49.00 per montl for alimony pendente lite and $4.00 on arrears. First payment due next 1 $22.62 bi-weekly. Arrears set at $80.68 as of May 31, 2006. The effective date of the order is April 20, 2006. Failure to make each payment on time and in full will cause all a immediate collection by all of the means as provided by 23 Pa.C.S.§ 37( finds, after hearing, that the Respondent has willfully failed to comply a the Respondent in civil contempt of Court and its discretion make an ap but not limited to, commitment of the Respondent to prison for a period Said money to be turned over by the PA SCDU to: Michelle C, by check or money order. All checks and money orders must be made mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-911 Payments must include the Respondent's PACSES Member Number in order to be processed. Do not send cash by mail. 9ON PLEAS OF ,PENNSYLVANIA letermination that ident's monthly net ident pay to the payable as follows: $45.00 sv date in the amount of irs to become subject to Further, if the Court this Order, it may declare priate Order, including, to exceed six months. Payments must be made >le to PA SCDU and or Social Security cc360 Unreimbursed medical expenses that exceed $250.00 annually a by Respondent and 50% by Petitioner. The Petitioner is responsible to 1 in unreimbursed medical expenses. The Respondent is to provide medic Within thirty (30) days after the entry of this Order, the Respondent sha proof that medical insurance coverage has been obtained or that applicai made. Proof of coverage shall consist, at minimum, of: 1) the name of t provider(s); 2) any applicable identification numbers; 3) any cards evide address to which claims should be made; 5) a description of any restricts approval for hospital admissions, and the manner of obtaining approval; booklet or coverage contract; 7) a description of all deductibles and co-l of any claim forms. The Respondent is given credit in the amount of $9.32 for direct the filing of this petition. This Order considers that there is a child support obligation 998108192. This Order shall become final ten days after the mailing of the to the parties unless either party files a written demand with the Proth before the Court. Consented: Petitioner Respondent DRO: R. J. Shadday Mailed copies on: Petitioner June 1, 2006 Respondent Shane B. Kope, Esq. Petitioner's BY THE COURT, Edward E. Guido, e to be paid as follows 50% ay the first $250.00 annually al insurance coverage. submit to Petitioner written .on for coverage has been to health care coverage icing coverage; 4) the Jns on usage, such as prior 6) a copy of the benefit and 8) five copies to Petitioner since PACSES Case Number of the entry of the Order for a hearing de novo Attorney J. c? -o _a ORDER/NOTICE TO WITHHOLD INCOME FOR ! 594108236 State Commonwealth of Pennsylvania 06-1882 CIVIL Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/31/06 998108192 Case Number (See Addendum for case summary) 313 S 2006 RE: CARTER, SIM Employer/withholder's Federal EIN Number BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 See Addendum for dependent names and birth dates associated O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Name (Last, First, MI) 186-62-0155 Employee/Obligor's Social Security Number 1554101657 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MU cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Suppo 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 en if the Order/Notice is not issued by your State. $ 784 . oo per month in current support $ 4. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 788 , 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 orde . If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 181.85 per weekly pay period. $ 363. 69 per biweekly pay period (every two weeks). $ 394. oo per semimonthly pay period (twice a month). $ 788. 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 wo k state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disburseme it Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, P 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND T hr PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT• Date of Order: JUN 0 1 2006 Fdwcird E. GuicZ, Judge DRO: R.J. Shadday Form EN-028 Service Type M OMB No, 0970.0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifgheckl you are required to provide a 4opy of this form to your Qmployee. If yo employee %rks in a state thatkis di erent rom the state that issued this ortler, a copy must be provida to your empryee even if t e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process and Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levi agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one emp each agency requesting withholding. You must, however, separately identify the portion employee/obligor. state of the employee's/obligor's principal place of employment with respect to the time withholding order and forward the support payments. State law against the same income. in effect please contact the requesting 's income in a single payment to payment that is attributable to each You must comply with the law of the in which you must implement the 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Noticeo Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or fate withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all rders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the emp Please provide the information requested and return a copy of this Order/Notice to the Agency THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: CARTER. SHAWN D. EMPLOYEE'S CASE IDENTIFIER: 1554101657 DATE OF SEPARA7 LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: gor is no longer working for you. below. 6. Lump Sum Payments: You may be required to report and withhold from lump sum paymenti such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or auth rity below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both th 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 mployee%obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a supp rt withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in wh ch he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed y 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/ bligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the ne income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tri al orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a tate 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 law of the state that issued this order with respect to these items. 11. Submitted By: If you or your e DOMESTIC RELATIONS SECTION contact 1N. HANOVERSTHANOVERST by telephone at P.O. BOX 320 by FAX at (717] CARLISLE PA 17013 by internet ww Service Type M Page 2 of 2 OMB No.: 0970-0154 the order, you are to follow the obligor have a ATTACHMEN 10-6225 or 3 or Form EN-028 Worker ID $IATT ny questions, T UNIT r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CARTER, SHAWN D. n -r? -n Ln ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 06/20/06 Case Number (See Addendum for case summary) Employer/withholder's Federal EIN Number BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 186-62-0155 Employee/Obligor's Social Security Number 1554101657 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, M0 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. $ 784.00 per month in current support $ 54.00 per month in past-due support Arrears 12 weeks or greater? (S) yes Q no $ 0.00 per month in current and past-due medical support $ o . oo Per month for genetic test costs $ per month in other (specify) for a total of $ 838.00 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: $ 193 .38 per weekly pay period. $ 386.77 per biweekly pay period (every two weeks). $ 419.00 per semimonthly pay period (twice a month). $ 838.0o per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COUNT! Date of Order: JUN 2 1 2006 DRO: R.J. Shadday Service Type m 594108236 06-1882 CIVIL 998108192 313 S 2006 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: CARTER, SHAWN D. Employee/Obligor's Name (Last, First, MI) o.,-_crv Edward E. GuJudge Form EN-028 OMB No.: 09700154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to pr vide a opy of this form to your mployee. If yo r employee works in a state that is di ferent from the state that issuer this or?er, a copy must be provi3 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 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. You must comply with the law of the paydat . eMM? - of Withl . ?lch.s I, tin, date U11 VV11i - 6 a.11VU1 It VVdb withheld ho... the employee's wagm state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: CARTER, SHAWN D. EMPLOYEE'S CASE IDENTIFIER: 1554101657 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 employeeobligor 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. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N, HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employeelobligor 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 Service Type M Page 2 of 2 OMB No. 09700154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CARTER, SHAWN D. PACKS Case Number 594108236 Plaintiff Name MICHELLE CARTER Docket Attachment Amount 06-1882 CIVIL$ 49.00 Child(ren)'s Name(s): DOB PACSES Case Number 998108192 Plaintiff Name MICHELLE CARTER Docket Attachment Amount 00313 S 2006 $ 789.00 Child(ren)'s Name(s): DOB STEVEN CARTER 11/07/89 KELLY CARTER 09/15/92 ? 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No. 09]00154 I (? J c? t- S ri,R N - j t- N U". f a •? KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoae(Mcomcast.net MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, MICHELLE CARTER, moves this court to appoint a Master with respect to the following claims: Equitable Distribution of Marital Property and in support of her motion states: 1. Discovery is not complete as to the claims for which the appointment of a Master is requested. Discovery was sent to the Defendant on July 28, 2006. 2. Defendant, Shawn D. Carter, is not represented by counsel in this action. 3. The statutory grounds for divorce in this matter are those set forth in section 3301 (C) of the Divorce Code. 4. The action is contested with respect to Plaintiffs claims for equitable distribution of the parties' marital property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. a WHEREFORE, Plaintiff, Michelle Carter, respectfully requests that the court appoint a master with respect to her claim for Equitable Distribution of Marital Property. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Dated: 3 B. Kope\Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this /5- day of August, KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftcomcast.net MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. 2006, 1 served a true and correct copy of the foregoing Motion for Appointment of Master and Order via certified and regular U.S. First Class mail, postage prepaid, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 ASSOCIATES, LLC Shane B. Ko Esq. N3,. 2207 4660 Trin e--Road, Suite 201 -dT Camp Hill, PA 17011 (717) 761-7573 (Attorney for Petitioner) VERIFICATION I, Michelle Carter, the Plaintiff in this matter, have read the foregoing Motion for Appointment of a Master. I verify that my averments in this Motion are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: l 1 I() co „LL a?z Michelle Carter .w gi rn.rn ^,rn KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoae(cbcomcastnet MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF MICHELLE CARTER PART 1. INCOME A. EMPLOYMENT INFORMATION EMPLOYER #1 HIGHMARK ADDRESS 1800 CENTER STREET, CAMP HILL, PA 17011 POSITION CUSTOMER SERVICE SUPPORT SERVICES PAY PERIOD BIWEEKLY HOURLY SO HOURS AND PAY CHANGE B. EMPLOYMENT INCOME: 08/09/06 WED 10:10 FAX 8667633815 EIGHMARR INC ?Y --- 1I IC ri.v tA' A Aa11/ 171UI-U , PayGWOP: PIS 37.36 Han-aan.t cf.aN: 001487637 090059 89 P. O. B - 1 0 Pay Bain Date 67/63R8K I A 17 Camp HIII, PA 7699.0099 Pay Cad Date 67/14!2466 Chett Date 07/22M" %i`s'E :: Crbr,MlaMlle J EePloyea IO: 021008 623 Erford Rand COBCmtr. Weise Serviea Prmaratim Marital Stataf: HARRIED Not Walls Cmp Hill PA 17611 meadow CHIIA Mloaanme Job Title Ir 1" Central Specialist Addl. Pd.: Pay We 24.SWOR9660 Armwel Description gas n EaraLwAs Flour io Nits, DtOel CrtOat YTD ReOUlw pay 12.613333 67.50 651.40 991.50 12,650.91 FED OAM/0100 57.17 927.% Vacation 12.613333 7.50 94.60 73.00 460.99 Fm FICA Had He 13.37 217.02 Parsaml Paid T 6.66 29.25 354.75 Fm HStlNSldlng 63.52 1,247.01 Flax Tim Off 0.60 30.00 363.64 PA HltNieldire 28.31 459.45 Ovirtfee 6.00 20.42 371.48 PA liverployam 6.93 13.47 Inamtive COW 0.66 6.06 11262.04 PA E PEY T 14.76 239.45 Lost Tim (0) H 0.00 1.17 14.19 PA E PEN= T 0.00 52.60 Additiarrl Rap: 0.00 1.17 14.19 Parsmml Tim P 6.68 6.04 _ 1.97 75.00 950.10 1146.67 25.329.36 77. i 3,157.16 :...:p i-0::3':.::. .. :n. v: N?:::i i..?i:,t;':?n`;F?:`:i'.i.i .. .. ... .a•...'4i:: i!:j:n sm h• 1Descriation, t YID Wealth 14.64 212.06 Dependant Life 1.60 21.91 Dental 6.95 114.25 Hastarn PA Carl 1.08 13.50 BWPI a tel L7 2.29 $1.74 Total: 23.81 346.65 Teal: 1.40 34.50 ' T , . Come 950.09 922.19 177.96 25.21 742.63 6 YTU: LS .315.27 14 507 12 3 157.16 11 775.50 San WeOC 6.56 Stan Wfine 1.60 Stet Ramada 0.00 ADVICE A: + Available 112.50 + Avoidable 37.58 + Avellailc 36.00 C . Tatew 73.01 - Table: 29.25 - Take: 36.06 Taw: -Adlustpete 0.06 +- 1um@Afe 0.90 - SOIL. 0.01 Doeemt d` 00000 0002241 EM Balance 40.66 End atl46cr 9.2S +l- Adjustment: 6.00 Ead Balance 0.60 MESSAGE 1 ll.GH v v K. P. O. Box 690050 Camp HHI, PA 17098-0046 DEPOSIT NOTICE ONLY -- NON-NEGOTIABLE DATE 07/21/2006 NO. 001487637 DEPOSIT AMOUNT 0 742.83 Carter,Michelle J 823 Erford Road Camp Hill PA 17011 RAG 0 0073 LOCATION CH01A DEPT 1313 savings DEPOSIT NOTICE ONLY -- NON-NEGOTIABLE VERIFICATION I, Michelle Carter, the Plaintiff in this matter, have read the foregoing Income and Expense Statement. I verify that my statements are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: ?? (I l O (o /?c? &? Michelle Carter N O n y !. I 1- AUG 1 8 2006,.,,E KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoaeftomcastnet Attorney for Plaintiff MICHELLE CARTER IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-1882 SHAWN D. CARTER, : CIVIL ACTION - LAW Defendant. : IN DIVORCE ORDER ` AND NOW, this o?a n day of 2006, 7 FI?l, 0-44,64 11 Esquire, is appointed mater with respect to the following claims: Equitable Distribution. oe By the o? J. .. ,.- `?' ? ??, ? ? ? ?, z . ? . - c? ? ,,? b ? .cs 11 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&_comcast.net MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE & CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Lesley J. Beam, Esq, of Kope & Associates, LLC of 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Plaintiff, Michelle Carter, in connection with the above-captioned divorce and custody action. Respectfully Submitted, BY: Date: (/7/0(x, Lesley /l. earn, Esquire I D# 6/171 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 .or r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast.net Attorney for Plaintiff MICHELLE CARTER IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 7th day of September, 2006, 1 served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 KOPE & By: IATES, LLC L ley J. ea , Esq. I .P. 9117 4660 Tr' dle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 .:.. r.__ ?_, ti i .., _ (,.,'7 ??: ..'.' _.? ? l { :- KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAkopelaw.com MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ORDER TO COMPEL ANSWERS TO INTERROGATORIES BY DEFENDANT Plaintiff, Michelle Carter (hereinafter "Plaintiff') by her undersigned attorney, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Shawn D. Carter, (hereinafter "Defendant") to answer Plaintiff's Interrogatories, and in support of said motion states as follows: 1. On July 28, 2006, counsel for Plaintiff served the Defendant directly, as he is not represented by counsel, with Plaintiffs First Set of Interrogatories and Production of Documents addressed to Defendant. 2. On or about November 17, 2006, Defendant sent Plaintiff's counsel his responses to the Interrogatories and Request for Production of Documents. 3. The responses submitted by the Defendant were incomplete. The questions pertaining to information on Defendant's pension and 401(k) plans went unanswered. 4. When asked for information regarding employment, specifically dates and addresses, Defendant just responded "US Coast Guard - 11 years" and "State Police". The Defendant gave no information as to dates, addresses or contact information for the US Coast Guard. 5. Defendant responded that he has a 401(k) plan but gave no additional information regarding that plan, including the name and description of the fund, total contributions to date and the vesting schedule. Defendant also did not produce any documentation concerning this 401(k) plan. 6. Defendant responded that he has a "PEBTF" Retirement plan but gave no additional information concerning that plan. The Interrogatories asked for very specific information concerning any retirement plans which included but was not limited to whether the plan is a defined benefit or defined contribution plan, the name and address of the custodian of the fund, the total amount of contributions to date, the date of vesting and a summary description of the plan. Defendant's only documentation supplied concerning this pension plan was an end of year statement from 2002. 7. Defendant gave no information as to any pension or retirement plans he may be entitled to with the military due to his service in the Coast Guard for eleven (11) years. 8. Defendant left numerous interrogatories blank which gives no indication to Plaintiff whether they apply to the Defendant, whether the Defendant does not know the answer or simply does not want to answer. 2 9. The Plaintiff cannot obtain a clear picture of the marital assests, specifically any pension and 401(k) information, that will be needed to proceed to the Divorce Master's Hearing without the Defendant providing the most current and complete information. 10. No Argument is requested on this motion. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiff's outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully Submitted, KOPEAS_CIATES, LLC 12140? Dated: 3 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopenv.kopelaw.com Attorney for Plaintiff MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 3rd day of January, 2007, I served a true and correct copy of the foregoing Motion for Order to Compel Answers to Interrogatories by Defendant via regular U.S. First Class mail, postage prepaid, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC Y. _ Shan . Kope, Esq. I. D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 4 r.,1 ?N? ?cl .,?,,,? ? I l "T', i --) °,? t.=1 ' ? _l - :, i r,.. ?? MICHELLE CARTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1882 CIVIL SHAWN D. CARTER CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 9th day of January, 2007, upon consideration of the Plaintiff's Motion to Compel, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall respond to and answer Plaintiff's First Set of Interrogatories and Production of Documents within 20 days hereof, under penalty of further sanctions which may include contempt of court. Counsel for the Plaintiff is directed to serve a copy of this order upon the Defendant and file Certificate of Service with this Court. Mane B. Kope, Esquire Attorney for Plaintiff ? hawn D. Carter Defendant bas By the Court, ?* --', M. L. Ebert, Jr., J. V! NIVAIASNNAd 2 Z :01 WV 01 WVr EDDY V Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 16th day of January, I KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAkopelaw.com MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. served a true and correct copy of the foregoing Order to Respond to Plaintiffs Interrogatories via regular mail, postage prepaid, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 By: Sha B. Kope, Esq. I.D. 9220 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 T MICHELLE CARTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1882 CIVIL SHAWN D. CARTER CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 9"' day of January, 2007, upon consideration of the Plaintiffs Motion to Compel, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall respond to and answer Plaintiffs First Set of Interrogatories and Production of Documents within 20 days hereof, under penalty of further sanctions which may include contempt of court. Counsel for the Plaintiff is directed to serve a copy of this order upon the Defendant and file Certificate of Service with this Court. By the Court, ?* --?' ??a M. L. Ebert, Jr., 0 J. Shane B. Kope, Esquire Attorney for Plaintiff Shawn D. Carter Defendant bas X 0 --33 x J ? .? 61 a KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&-kopelaw.com MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE MOTION FOR SANCTIONS PURSUANT TO PA.R.C.P.4019 AND NOW, comes Michelle Carter, Plaintiff, by and through her undersigned attorney, Shane B. Kope, Esq. who files the following Motion and in support thereof states as follows: 1. On July 28, 2006, counsel for Plaintiff served the Defendant directly, as he is not represented by counsel, with Plaintiffs First Set of Interrogatories and Production of Documents addressed to Defendant. 2. On or about November 17, 2006, Defendant sent Plaintiffs counsel his responses to the Interrogatories and Request for Production of Documents. 3. The responses submitted by the Defendant were incomplete. 4. After receiving the incomplete responses, the Plaintiff filed a Motion for Order to Compel Answers to Interrogatories by Defendant on January 5, 2007. A copy of the Motion to Compel is attached hereto as Exhibit "A". 5. On January 9, 2007, an Order was entered by The Honorable M.L. Ebert, Jr. directing that the Defendant provide answers to the Plaintiffs Interrogatories and Production of Documents within twenty (20) days of service. A copy of Judge Ebert's Order is attached hereto as Exhibit "B". 6. On the 18th of January the Order compelling the Defendant to provide answers to the Interrogatories and Requests for Production of Documents was served on the Defendant. A Certificate of Service was filed with this court stating as such on January 18, 2007. 7. To date, the Defendant has not provided complete answers to the Plaintiff's Interrogatories or Requests for Production of Documents. 8. Rule 4019(a)(1)(i) of the Pennsylvania Rules of Civil Procedure allows for sanctions when a party fails to provide sufficient answers to written interrogatories. 9. Furthermore, Rule 4019(g)(1) of the Pennsylvania Rules of Civil Procedure also allows for the recovery of reasonable expenses from the party whose conduct necessitated the motion for sanctions. 2 WHEREFORE, Plaintiff respectfully requests that this Court enter an Order of sanctions against Defendant. Furthermore, the Plaintiff requests reimbursement in the amount of $300.00 for costs associated with the filing of this Motion for Sanctions. Respectfully Submitted, KOPE & ASSOCIATES, LLC B. Ko a quire Dated: "/(1/7007- 3 0 a k c-- tt? s ,. c n -OFn KOPE & ASSOCIATES, LLC 7 n - ??.}, ESQ. BY: SHANE B. KOPE, ?r 0 ??? ATTORNEY I.D. 92207 ' rv `" 4660 Trindle Road, Suite 201 :{ - Camp Hill, PA 17011 (717) 761-7573 sbkopeAkopelaw.com Attorney for Plaintiff MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1882 SHAWN D. CARTER, : CIVIL ACTION - LAW Defendant. : IN DIVORCE MOTION FOR ORDER TO COMPEL ANSWERS TO INTERROGATORIES BY DEFENDANT Plaintiff, Michelle Carter (hereinafter "Plaintiff') by her undersigned attorney, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Shawn D. Carter, (hereinafter "Defendant") to answer Plaintiffs Interrogatories, and in support of said motion states as follows: 1. On July 28, 2006, counsel for Plaintiff served the Defendant directly, as he is not represented by counsel, with Plaintiff's First Set of Interrogatories and Production of Documents addressed to Defendant. 2. On or about November 17, 2006, Defendant sent Plaintiffs counsel his responses to the Interrogatories and Request for Production of Documents. 3. The responses submitted by the Defendant were incomplete. The questions pertaining to information on Defendant's pension and 401(k) plans went unanswered. Fg,EXH18FT A 4. When asked for information regarding employment, specifically dates and addresses, Defendant just responded "US Coast Guard - 11 years" and "State Police". The Defendant gave no information as to dates, addresses or contact information for the US Coast Guard. 5. Defendant responded that he has a 401(k) plan but gave no additional information regarding that plan, including the name and description of the fund, total contributions to date and the vesting schedule. Defendant also did not produce any documentation concerning this 401(k) plan. 6. Defendant responded that he has a "PEBTF" Retirement plan but gave no additional information concerning that plan. The Interrogatories asked for very specific information concerning any retirement plans which included but was not limited to whether the plan is a defined benefit or defined contribution plan, the name and address of the custodian of the fund, the total amount of contributions to date, the date of vesting and a summary description of the plan. Defendant's only documentation supplied concerning this pension plan was an end of year statement from 2002. 7. Defendant gave no information as to any pension or retirement plans he may be entitled to with the military due to his service in the Coast Guard for eleven (11) years. 8. Defendant left numerous interrogatories blank which gives no indication to Plaintiff whether they apply to the Defendant, whether the Defendant does not know the answer or simply does not want to answer. 2 9. The Plaintiff cannot obtain a clear picture of the marital assests, specifically any pension and 401(k) information, that will be needed to proceed to the Divorce Master's Hearing without the Defendant providing the most current and complete information. 10. No Argument is requested on this motion. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiffs outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully Submitted, TES, LLC ? Shane B. Kope, Dated: zoo:?- 3 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&-kopelaw.com Attorney for Plaintiff MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 3rd day of January, 2007, I served a true and correct copy of the foregoing Motion for Order to Compel Answers to Interrogatories by Defendant via regular U.S. First Class mail, postage prepaid, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 KOPE & ASSOCIATES. LLC By: ?- Shan . Kope, Esq. 1. D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 4 MICHELLE CARTER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1882 CIVIL SHAWN D. CARTER : CIVIL ACTION -LAW DEFENDANT : IN DIVORCE ORDER OF COURT AND NOW, this 9 h day of January, 2007, upon consideration of the Plaintiffs Motion to:'Compel, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall respond to and answer Plaintiffs First Set of Interrogatories and Production of Documents within 20 days hereof, under penalty of further sanctions which may include contempt of court. Counsel for the Plaintiff is directed to serve a copy of this order upon the Defendant and file Certificate of Service with this Court. By the Court, M. L. Ebert, Jr.. J. Shane B. Kope, Esquire Attorney for Plaintiff Shawn D. Carter Defendant bas EXHIBIT KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 s b ko pe(ftope l aw. corn Attorney for Plaintiff, MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 6th day of March, 2007, 1 served a true and correct copy of the foregoing Motion for Sanctions Pursuant to Pa.R.C.P. 4019 via regular U.S. First Class mail, postage prepaid, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 KOPE 8 ASSOCIATES, LLC By: Shane B. Kope-)Esq. I.D. 92 T"? 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 4 ^? ?=? ?- - ?.:? r ` ? z .. A-y ....? . _ _?? _-? ?, r??:-, ? .,ry -,' t ?? _ .,..i1 '?.? ..±? 2... """l ` ? ? _ J? r? MICHELLE CARTER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1882 CIVIL CIVIL ACTION - LAW SHAWN D. CARTER, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 12th day of March, 2007, upon consideration of the Motion for Sanctions filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 2, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing in this matter will be held on Thursday, the 17th day of May, 2007, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 5. The Sheriff of Cumberland County is directed to serve this order on the Defendant. Xane B. Kope, Esquire Counsel for Plaintiff J X- awn D. Carter 10 Anderson Town Road 3 Mechanicsburg, PA 17055 Defendant Cumberland County Sheriff's Department By the Court, lxlt? A, M. L. Ebert, Jr., J. bas ! '7 , ICI €; { ?"Yii L 0 0 Z MICHELLE CARTER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1882 CIVIL SHAWN D. CARTER CIVIL ACTION - LAW DEFENDANT IN DIVORCE AMENDED ORDER OF COURT AND NOW, this 18th day of April, 2007, the Order of Court dated March 12, 2007 is amended to allow the Defendant to file an Answer on or before May 7, 2007. The remainder of the order remain in full force and effect. By the Court, N? I ?-" - M. L. Ebert, Jr., J. Shane B. Kope, Esquire Attorney for Plaintiff Shawn D. Carter rnAA'-94 y? jS. DI Defendant Cumberland County Sheriff's Department bas "' (", : I I,` - 1 9 1 ',,,4' L 0', 0 Z 4 MICHELLE CARTER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL V. : CIVIL ACTION - LAW SHAWN D. CARTER, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 1 e day of March, 2007, upon consideration of the Motion for Sanctions filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 2, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing in this matter will be held on Thursday, the 17th day of May, 2007, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 5. The Sheriff of Cumberland County is directed to serve this order on the Defendant. By the Court, Shane B. Kope, Esquire Counsel for Plaintiff Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 Defendant Cumberland County Sheriff's Department ??A 'r A, M. L. Ebert, Jr., 0 J. bas KOPE & ASSOCIATES, LLC BY: Shane B. Kope, Esq. ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Plaintiff MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1882 SHAWN D. CARTER, : CIVIL ACTION - LAW Defendant. : IN DIVORCE MOTION FOR CONTINUANCE 1. On or about April 3, 2006, Plaintiff filed for Divorce in the above captioned matter. 2. On or about July 28, 2006, Plaintiffs counsel served the Defendant, who is not represented by counsel, with Plaintiffs First Set of Interrogatories and Production of Documents. 3. On or about November 17, 2006, Defendant sent Plaintiffs counsel his responses to the Interrogatories and Request for Production of Documents. 4. The responses submitted by the Defendant were incomplete. The questions pertaining to information on Defendant's pension and 401(k) plans went unanswered. 5. On or about January 5, 2007, Plaintiff filed a Motion to Compel Answers to Interrogatories by Defendant. 6. On or about January 9, 2007, this Court entered an Order directing that the Defendant provide answers to the Plaintiffs Interrogatories and Production of Documents within twenty (20) days of service. 7. The Defendant failed to Answer Plaintiffs Interrogatories and Production of Documents as ordered, so on or about March 6, 2007, Plaintiffs counsel filed a Motion for Sanctions. 8. On or about March 12, 2007, this Court entered an Order that, in part: (1) issued a Rule to Show Cause against the Defendant, the answer to which was due on or April 2, 2007; and (2) directed that parties to appear for a Sanctions Hearing on May 17, 2007. A copy of said Order is attached hereto as Exhibit "A." 9. On or about April 18, 2007, this Court entered an Amended Order that allowed Defendant until May 7, 2007, to answer the Rule to Show Cause. A copy of said Order is attached hereto as Exhibit "B." 10. In the morning of May 17, 2007, Plaintiffs counsel received a phone call from the Defendant, during which the Defendant inquired on how he could avoid the Hearing; he also expressed an interest in settling this matter. 11. After discussing the matter with Plaintiff, Plaintiffs counsel informed Defendant that Plaintiff would be interested in settling the matter, but only after reviewing the information requested in the Interrogatories and Production of Documents. Page 2 of 3 12. Defendant agreed to send all requested information to Plaintiffs counsel within ten (10) days if we agreed to request a continuance of the Sanctions Hearing scheduled for later that day. 13. Plaintiffs counsel agreed to request a continuance on these terms; Plaintiffs counsel also agreed to remove the Motion for Sanctions all together if this matter was settled by the new date of the Hearing. 14. Thereafter, Plaintiffs counsel faxed a letter to the Honorable M.L. Ebert, Jr. notifying the Court of this pending Motion, thereby temporarily removing the Sanctions Hearing from the Court's schedule for May 17, 2007. A copy of said Order is attached hereto as Exhibit "C." WHEREFORE, the Plaintiff respectfully requests this Honorable Court to continue the Sanctions Hearing in this matter until August, 2007. Respectfully Submitted, KOP SOCIATES, LLC Sha Dated: May 18, 2007 Page 3 of 3 MICHELLE CARTER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL V. CIVIL ACTION - LAW SHAWN D. CARTER, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 12th day of March, 2007, upon consideration of the Motion for Sanctions filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 2, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing in this matter will be held on Thursday, the 17th day of May, 2007, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 5. The Sheriff of Cumberland County is directed to serve this order on the Defendant. Shane B. Kope, Esquire Counsel for Plaintiff Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 Defendant Cumberland County Sheriffs Department bas By the Court, ,X\\ A, ??A - M. L. Ebert, Jr., J. EXHIBIT MICHELLE CARTER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1882 CIVIL SHAWN D. CARTER : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE AMENDED ORDER OF COURT AND NOW, this 18th day of April, 2007, the Order of Court dated March 12, 2007 is amended to allow the Defendant to file an Answer on or before May 7, 2007. The remainder of the order remain in full force and effect. Shane B. Kope, Esquire Attorney for Plaintiff Shawn D. Carter Defendant Cumberland County Sheriff's Department bas By the Court, M. L. Ebert, Jr., J. L do h, I here unto* any hanr -? VaP' 01 at rte, Pa. EXHIBIT K O P E ASSOCIATES LAW OFFICES LLC May 17, 2007 VIA FACSIMILE The Honorable M.L. Skip Ebert Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Fax No: 717.240.6460 In re: Carter v. Carter 06-1882 (Civil) Dear Judge Ebert Pursuant to my conversation with your office, I am writing to notify your Honor of my client's intention to file a Motion for Continuance for the Hearing on Plaintiffs Motion for Sanctions scheduled in your court room today at 3:00 p.m. Because the continuance is for the purpose of working out a settlement agreement, both parties concur in the filing of said Motion. I understand that this letter will suffice to have the current Hearing removed from the Court's schedule today until we file the Motion for Continuance. Thank you for your kind attention. Please call me with any questions or concerns. Sincer 1 Shan c: Michelle Carter Shawn Carter File EXHIBIT Inn 466o Trindle Road ¦ Suite 1 P 717.761.7573 ¦ F 7 MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1882 SHAWN D. CARTER, : CIVIL ACTION - LAW Defendant. : IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on this 21St day of May, 2007, l served a true and correct copy of the foregoing Motion for Continuance pursuant to via first class mail, postage prepaid, addressed as follows: Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 (Defendant) KOPE & ASSOCIATES, LLC Shane B. Kope, sq. ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com (Attorney for Plaintiff) _,J _ y i' '?::? *.ty V f S E? ? i'`.? .. •-rz ?` Y ?wY 1 4 zoos r? 5 MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE ORDER OF COURT AND NOW, this a``- day of , 2007, upon consideration of Plaintiffs Motion for Continuance, it is hereby ORDERED that Plaintiffs Motion is GRANTED. The Hearing on Plaintiffs Motion for Sanctions is now scheduled for the 1?day of August, 2007, at 9.3 ( A M. in Courtroom No. S of the Cumberland County Courthouse. P- By the Court, ltol?' qA zl? I J. G? _ -I I-?'?•' ? ..1 j ,? ? ????? r 1"rt?,f 1 ? ? i i::! .wit l.? ' ?.,j A ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 998108192 Co./City/Dist. of CUMBERLAND 313 S 2006 Date of Order/Notice 06/29/07 Case Number (See Addendum for case summary) 594108236 06-1882 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: CARTER, SHAWN D. EmployerlWithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 186-62-0155 Employee/Obligor's Social Security Number BUREAU OF COMMONWEALTH 1554101657 C/O WAGE ATTACHMENT SECTION Employee/Obligor's Case Identifier PO BOX 8006 (See Addendum for plaintiff names HARRISBURG PA 17105-8006 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. $ 784.00 per month in current support $ 0. o0 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 784.00 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: $ 180.92 per weekly pay period. $ -161 ac; -per biweekly pay period (every two weeks). $ 392. go per semimonthly pay period (twice a month). $ 784.00 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. BY THE COURT: ?? Date of Order: JUL 0,2 2007 EDWARD E. GUIDO, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMBNo.:097"154 Worker ID $IATT I ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? if heckefl you are required to provide agpy of this form to youremployee. If yoyr employee works in a state that is di Brent f1rom the state that issued this or er, a copy must be provi eedd to your emp ogee 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.* Reporti. ig the Paydateffiate of Withholding. You must report the paydateMate of withholding whe, i sending the payment. The paydate/date! of withholding is the date on which amount was withheld hom the employee's vvages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: CARTER, SHAWN D._ EMPLOYEE'S CASE IDENTIFIER: 1554101657 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (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. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CARTER, SHAWN D. PACSES Case Number 594108236 Plaintiff Name MICHELLE CARTER Docket Attachment Amount 06-1882 CIVIL$ 45.00 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 PACKS Case Number 998108192 Plaintiff Name MICHELLE CARTER Docket Attachment Amount 00313 S 2006 $ 739.00 Child(ren)'s Name(s): DOB STEVEN CARTER 11/07/89, Ir- :;LY 'C-AR:t b 0 9 / I S l9:2 ? 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) ? 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.: 0970-015A ? ??' ? i.?;?% ;- =-s -???± °?, ' ?r '=? t-? SHERIFF'S RETURN - OUT OF COUNTY 1 r CASE NO: 2006-01882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARTER MICHELLE VS CARTER SHAWN D R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT to wit: but was unable to locate Him deputized the sheriff of YORK serve the within ORDER OF COURT Sheriff's Costs: So answe- s P Docketing 18.00 Out of County 9.00.. Surcharge 10.00 R`. Thomas Kline On May 18th , 2007 , this office was in receipt of the attached return from YORK .00 Sheriff of Cumberland County .00 37 . 00 ? y/a qO 7 00/00/0000 Sworn and subscribe to before me this day of , in his bailiwick. He therefore County, Pennsylvania, to A. D. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE WSTiAICTWNS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRIJ 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ Michelle Curter 3. DEFENDANT/S/ Shawn D. Carter 2 COURT NUMBER 06-1882 civil 4. TYPE OF WRIT OR COMPLAINT A M E N D F . . D O R D Amended Order of Court SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Shawn D. Carter 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP. STATE AND ZIP CODE) AT 310 Anderson Town Road Mechanicsburg, PA 17055 7. INDICATE SERVICE O PERSONAL L7 PERSON IN CHARGE DEPUTIZE ACEW ^MAIL a U 1ST CLASS MAIL U POSTED `J OTHER _ 4M NOW April 18 2007 I, SHERIFF O COUNTY, PA, do her by deputize the riff of York COUNTY to execute this W' 41 eturn ther e g to law. This deputization being made at the request and risk of the plaintiff., -- • HERIFF OF ?C 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Please serve as soon as possible. OUT OF COUNTY Cumberland N/C Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE SHANE B. K 0 P E , ESQ. 10. TELEPHONE NUMBER 11 DATE FILED 4660 TRINDLE ROAD, STE 201, CAMP HILL, PA 17011 1761-7573 /18/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF DO NOT WRITE BELLOW THIS LM 13. 1 acknowledge receipt of the writ M J M C G I L L Y C S Q 114 -MM t?VO 15. Expiration/Hearing Date or complaint as indicated above. (J 5 / 1 / 2 0 0 7 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17.. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 16. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTSI D j,1e4Ile I Ini, I D I Time Milers I Int. Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time l Miles I Int ( Date I Time l Miles I Int. 22. REMARKS NOT SERVED BY EXPIRATION DATE. 23. Advance Cos s 24, Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No N/C 34. Foreign Courly Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund i FF RM 14 SO ANSWERS 41. A I 42, day of M ED and subscr bed to bef a me thi AMONIMQOd/?ItiT 44. Signature of Dep. Sheriff 45. DATE NO Mtn 1 No A 46. Signature of York 47. DATE 1 N, NOTARY LISA L. BOt,??,A J; NOTARY PUBLIC Wft0T1WM HOSE o? 5-14-07 CITY OF YORK YORK COUNTY , MYCOMMISSION EXPIRESAUG. 12,2009 48. Signature of Foreign I 49 DATE L --1 County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdfs Office :Xvwti: 41- M N Cy {- c" Ift MICHELLE CARTER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1882 CIVIL SHAWN D. CARTER : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE AMENDED ORDER OF COURT AND NOW, this 18th day of April, 2007, the Order of Court dated March 12, 2007 is amended to allow the Defendant to file an Answer on or before May 7, 2007. The remainder of the order remain in full force and effect. By the Court, M. L. Ebert, Jr., 0 J. Shane B. Kope, Esquire Attorney for Plaintiff Shawn D. Carter Defendant Cumberland County Sheriff's Department bas ?..__ .0 m ?- N _- n ?J C"-d the Ste; t h 4 A?k if. _ ?. Jag- ,• MICHELLE CARTER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL V. CIVIL ACTION -LAW SHAWN D. CARTER, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 12'' day of March, 2007, upon consideration of the Motion for Sanctions filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 2, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing in this matter will be held on Thursday, the 174' day of May, 2007, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 5. The Sheriff of Cumberland County is directed to serve this order on the Defendant. By the Court, ,\\f\\ A, ?_a f - M. L. Ebert, Jr., 1 J. Shane B. Kope, Esquire Counsel for Plaintiff Shawn D. Carter 310 Anderson Town Road Mechanicsburg, PA 17055 Defendant Cumberland County Sheriff's Department TRUE COPY FPnNA RECORD In Testimony wh- -. ' E i,rrQ set my hand bas and the seal of sa - - :' s! Pa. This ...... ..... day of.... April ......... , .5001 ' Protho ry r? ,R ;} .? ? .'' MICHELLE CARTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1882 CIVIL SHAWN D. CARTER CIVIL ACTION - LAW DEFENDANT IN DIVORCE IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 13th day of August, 2007, upon consideration of the information received from the Attorney for the Plaintiff that the parties have reached a settlement on the Plaintiff's Motion for Sanctions, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for this date is cancelled. -5 ane B. Kope, Esquire Attorney for Plaintiff Xawn D. Carter J Defendant bas By the Court, I ?N\ -? 4A x M. I Fhcrt _Ir J. 71?.??f??l! ?'?' ak E{fi' S1 5? ?+ sr 1? ? • KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(aD-kopelaw.com MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1882 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Michelle Carter of Cumberland County, Pennsylvania ("Wife") and Shawn D. Carter of Cumberland County, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on July 26, 1986, in North Carolina; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 1 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION 1 GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23. Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. 5.03. Date of Distribution. Except as defined in Paragraph 8.5 of this Agreement, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 2 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Wife has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2006, seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. The parties shall promptly file the affidavits required to obtain a divorce pursuant to Section 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to Section 3301(c) of the Domestic Relations Code is entered as soon as possible/within three (3) months, but in any event not later than six (6) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Wife shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Husband want a certified copy of the final divorce decree, Husband shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 3 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Wife has been represented by Shane B. Kope, Esquire of Kope & Associates, LLC. Husband has chosen not to retain legal counsel and Husband has chosen instead to negotiate directly with Wife and Wife's counsel, notwithstanding the fact that counsel for Wife has advised him that he has an absolute right to be represented by counsel. Husband hereby acknowledges that he has done so willingly. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, 4 and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether 5 arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching 7 party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement 8 of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: a. All personal property (specifically clothing, toiletries and accoutrements) currently in the possession of the Wife; and 2. To Husband: a. All personal property (specifically clothing, toiletries and accoutrements) currently in the possession of the Husband; and B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: a. All vehicles currently in the possession of the Wife; and 2. To Husband: a. All vehicles currently in the possession of the Husband. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lie in accordance with this Agreement. Said 9 title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: Any funds in Wife's separate accounts. 2. To Husband: Any funds in Husband's separate accounts. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: 1. The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Pursuant to a Qualified Domestic Relations Order that the parties shall cause to be entered within thirty days of execution of this Agreement, provided that a divorce decree has gone into effect, Wife shall receive a share of Husband's retirement benefit in the amount of $39,157.55 plus interest at the statutory rate which will start on February 24, 2006, the date of separation. The proposed Domestic Relations Order has been prepared, submitted for pre-approval, and attached to this Marital Separation Agreement as Appendum "A". 2. To Husband: Husband, as participant and/or member of the State Employment Retirement System shall be awarded the remainder of the retirement plan balance. 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: To Husband: Husband shall be solely liable for and shall timely pay 10 the following debts: a. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. To Wife: Wife shall be solely liable for and shall timely pay the following debts: a. Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 23. HEALTH INSURANCE FOR WIFE AND HUSBAND. 23.1. Insurance. Husband represents that he presently is carrying health insurance coverage for the benefit of Wife and their two children. Husband agrees that he will continue to carry and pay for health insurance coverage of the children. He will continue to pay for health insurance of the Wife for the six (6) months following the date of execution of this Agreement. Wife agrees that she will pay for and secure health insurance coverage for herself beginning six (6) months from the date of execution of this Agreement, and thereafter. No party shall be responsible for the costs of health care coverage of the other party after six months have passed from the date of execution of this Agreement. 24. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this 11 Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than fifteen (15) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the 12 other party or the other party's estate might be responsible. SECTION III CLOSING PROVISIONS AND EXECUTION 25. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 26. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 27. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WI ES tu ) (SEAL) Michelle arter. Date: 713 (SEAL) Shawn D. Carter 3 Date: j 13 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN On this, the 1v,day of , 2007, before me, a Notary Public, the undersigned officer, personally appear Michelle Carter, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal Notary COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN On this, the ` }day of-, 2007, before me, a Notary Public, the undersigned officer, personally appear?l Shawn D. Carter, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary NOTARIAL LEANN M IENOCN Notary PubNC MKKWOMN 90ROU6N DALOHN COUNTY 1 14 N A ML AL LEANN M /EN" Notary PubNC MIDDI.ETOWN BOROUDI DAUPWN COUNN KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(M-kopelaw.com MICHELLE CARTER Plaintiff, VS. SHAWN D. CARTER, Defendant. STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of , 2007, the parties, MICHELLE CARTER, Plaintiff, and Shawn D. Carter, Defendant, having been divorced by Decree dated of the Court of Common Pleas of Cumberland County, entered at Docket Number 06- 1882, do hereby stipulate and agree as follows: 1. The Plaintiff, Michelle Carter, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is January 9, 1965 and Alternate Payee's Social Security number is 242-23-4635. 2. The Defendant, Shawn D. Carter, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "SERS"). 3. SERS, as a creature of statute, is controlled by the State Employees' a EXHIBIT 2 w J Q N J J Q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE Attorney for Plaintiff Retirement Code, 71 Pa. C.S. §§ 5101-5956 ("Retirement Code"). 4. Member's date of birth is June 2, 1966, and the Member's Social Security number is 186-62-0155. 5. Member's last known mailing address is: 310 Anderson Town Road Mechanicsburg, PA 17055 6. Alternate Payee's current mailing address is: 4 Dulles Drive, West G-8 Camp Hill, PA 17011 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of Member's retirement benefits is $39,157.55 plus interest at the statutory rate. Interest will start on the date of the separation which is February 24, 2006. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which option(s) Member selects at retirement. Member and Alternate Payee expressly agree that Member shall select the following retirement option(s) upon filing an Application for Retirement Allowance with SERS: (a) Member shall elect to take a lump sum withdrawal at least equal to the amount payable to the Alternate Payee as her equitable distribution share of $39,157.55 plus accrued interest. Alternate Payee's share shall be paid in full from that lump sum withdrawal and the balance, if any, shall be paid to the Member. If the Member's accumulated deductions are insufficient to satisfy the Alternate Payee's equitable distribution share, then Member shall withdraw One Hundred Percent (100%) of his accumulated deductions, all of which shall be payable to Alternate Payee. (b) In addition, Member may select any retirement annuity option offered by SERS under the Retirement Code. (c) If the lump sum withdrawal of accumulated deductions is insufficient to satisfy the Alternate Payee's equitable distribution share then fifty percent (50%) of Member's monthly annuity shall be paid to Alternate Payee until such time as SERS, in its sole discretion, determines that the Alternate Payee's share has been paid in full or the Member dies and no additional amounts are payable from his account, whichever occurs first. (d) The parties acknowledge that if the Member dies without having designated the Alternate Payee as his survivor annuitant and before the Alternate Payee has received her full equitable distribution share, if no death benefit is due, then no additional payments will be made to the Alternate Payee. (e) Member and Alternate Payee agree to notify SERS in writing, delivered via certified mail, not more than three months before the month Alternate Payee's equitable distribution portion will be paid in full, that Member's account should be reviewed for compliance with the terms of this Paragraph 10. SERS shall have no responsibility to monitor the total of payments to Alternate Payee. SERS shall cease payments to Alternate Payee within a reasonable period of time after receipt of said notice to review Member's account and its determination that it has paid Alternate Payee's full distribution share, as set forth in Paragraph 7 above. SERS may but shall not be required to make a partial payment so as to avoid exceeding the total amount due Alternate Payee. The parties agree that SERS shall not be held liable for any overpayment made to Alternate Payee. The parties agree to hold SERS harmless in any dispute regarding payment of Alternate Payee's equitable distribution share of Member's SERS. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs 7 through 9. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, of seq. .14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. [SEAL] Plaintiff/Altemate Payee Attorney for Plaintiff/Alternate Payee [SEAL] Defendant/Member Authorization for the Release of Account Information to Alternate Payee I, Shawn D. Carter, authorize the Pennsylvania State Employees' Retirement System ("SERS") to release to Michelle Carter any and all information that she may request regarding my SERS benefits or retirement account. This authorization is granted under the terms of the Approved Domestic Relations Order entered by the Cumberland County Court of Common Pleas on Number 06-1882 which names Michelle Carter as Alternate Payee. at Docket A photocopy or faxed copy of this Authorization shall have the same force and effect as the original. Date Member's Signature Member's Printed Name Member's Social Security Number Cl) KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(Mcomcast.net Attorney for Plaintiff MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on March 20, 2006. 2. The Complaint was served by regular mail and Certified Mail with a Certificate of Service filed on April 6, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 13) b `7 ` - h. Lb (I c , L'? Michelle Carter co KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(fcomcast.net MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 1 n? /I LA CA,1 ) ?A- K ? L-, Michelle Carter 5 4r? t ?r ? _ ? F f w, /Yl KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeC&-comcast.net Attorney for Plaintiff MICHELLE CARTER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 06-1882 SHAWN D. CARTER, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on March 20, 2006. 2. The Complaint was served by regular mail and Certified Mail with a Certificate of Service filed on April 6, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 0 Shawn Carter ?°? N ? .?[l ?.. .?.a ,--1 ?s r. ?, f? '?- ?? ='=? , ---7 Y t'= ' ;. > :? 4 l " Cf -? SA KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast.net MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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. 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: 3 AQ -2 ;,V- (1 Shawn D. Carter ? ? .-i ` •r,,,,, ? ?-^ r ,?^?}' ? I ???YT r? ^ .,,.. ..^;, MICHELLE CARTER, Plaintiff VS. SHAWN D. CARTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 1882 CIVIL IN DIVORCE ORDER OF COURT l6C AND NOW, this ? day of , 2007, the economic claims raised in the proceedings aving been resolved in accordance with a marital separation agreement dated August 13, 2007, 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, 112? 'N A Edgar B. Bayley, P.J. cc: /hane B. Kope Attorney for Plaintiff X Xhawn D. Carte Defendant A C d N Y KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkokouelaw.corn MICHELLE CARTER Plaintiff, VS. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 SHAWN D. CARTER, : CIVIL ACTION -LAW Defendant. : IN DIVORCE & CUSTODY MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Michelle Carter of Cumbe Pennsylvania ("Wife") and Shawn D. Carter of Cumberland County, ("Husband"). n c_- 4y "1 t77 r t?? N 7 N CD O T ?r M • 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on July 26, 1986, in North Carolina; WHEREAS, certain` differences exist between the parses and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and; obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 1 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.04. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. 5.03. Date of Distribution. Except as defined in Paragraph 8.5 of this Agreement, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of. (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is dosed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any. successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 2 6. DIVORCE DECREE 6.01. The parties acknowledge that their manage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Wife has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2006, seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. The parties shall promptly file the affidavits required to obtain a divorce pursuant to Section 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to Section 3301(c) of the Domestic Relations Code is entered as soon as possible/within three (3) months, but in any event not later than six (6) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Wife shall be _responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Husband want a certified copy of the final divorce decree, Husband shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party hannless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 3 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarfly be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Wife has been represented by Shane B. Kope, Esquire of Kope & Associates, LLC. Husband has chosen not to retain legal counsel and Husband has chosen instead to negotiate directly with Wife and Wife's counsel, notwithstanding the fact that counsel for Wife has advised him that he has an absolute right to be represented by counsel. Husband hereby acknowledges that he has done so willingly. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, thisAgreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, 4 and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether 5 arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modfication or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching 7 party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed ` joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of, them arising out of such joint filing, each will be responsible for payment of half of such tax and. any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns. for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION 11 EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably `divide and distribute their marital assets and debts. It is further the intent, understanding and agreement 8 of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: a. All personal property (specifically clothing, toiletries and accoutrements) currently in the possession of the Wife; and 2. To Husband: a. All personal property (specifically clothing, toiletries and accoutrements)currently in the possession of the Husband; and B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement,` and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: a. All vehicles currently in the possession of the Wife; and 2. To Husband: a. All vehicles currently in the possession of the Husband. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lie in accordance with this Agreement. Said 9 title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: Any funds in Wife's separate accounts. 2. To Husband: Any funds in Husband's separate accounts. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: 1. The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Pursuant to a Qualified Domestic Relations Order that the parties shall cause to be entered within thirty days of execution of this Agreement, provided that a divorce decree has gone into effect, Wife shall receive a share of Husband's retirement benefit in the amount of $39,157.55 plus interest at the statutory rate which will start on February 24, 2006, the date of separation. The proposed Domestic Relations Order has been prepared, submitted for pre-approval, and attached to this Marital Separation Agreement as Appendum "A". 2. To Husband: Husband, as participant and/or member of the State Employment `Retirement System shall be awarded the remainder of the retirement plan balance. L Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: To Husband: Husband shall be solely liable for and shall timely pay 10 the following debts: a. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. To Wife: Wife shall be solely liable for and shall timely pay the following debts: a. Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 23. HEALTH INSURANCE FOR WIFE AND HUSBAND. 23.1. Insurance. Husband represents that he presently is carrying health insurance coverage for the benefit of Wife and their two children. . Husband agrees that he will continue to carry and pay for health insurance coverage of the children. He will continue to pay for health insurance of the Wife for the six (6) months following the date of execution of this Agreement. Wife agrees that she will pay for and secure health insurance coverage for herself beginning six (6) months from the date of execution of this Agreement, and thereafter. No party shall be responsible for the costs of health care coverage of the other party after six months have passed from the date of execution of this Agreement. 24. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity, to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this 11 Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than fifteen (15) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: in the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnificatlon: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the 12 other party or the other party's estate might be responsible. SECTION III CLOSING PROVISIONS AND EXECUTION 25. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 26. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 27. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the. entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WI ES ? j (SEAL) Michelle arter. Date: 713 10 `? - (SEAL) D. Carter Shawn 012n:2 Date: =1 13 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) On this, the 1 ?today of ffi C14- 2007, before me, a Notary Public, the undersigned officer, personally appear& Michelle Carter, known to me (or satisfactorilyproven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: ) On this, the 1 3 day of A- 2007, before me, a Notary Public, the undersigned officer, personally app Shawn D. Carter, known to me (or satisfactorily., proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary ei" M loom Pum o+w? ctwNn NOWK-W LIAM lkftv WNW" KNUX" OPAOM CO t 14 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkcpedakoyelaw.com Attorney for Plaintiff MICHELLE CARTER IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-1882 SHAWN D. CARTER, Defendant. : CIVIL ACTION - LAW : IN DIVORCE AND NOW, this day of, 2007, the parties, MICHELLE CARTER, Plaintiff, and Shawn D. Carter, Defendant, having been divorced by Decree dated of the Court of Common Pleas of Cumberland County, entered at Docket Number 06- 1882, do hereby stipulate and agree as follows: 1. The Plaintiff,'Michelle Carter, (hereinafter referred to as "Altemate Payee") is the former spouse of Member. Alternate Payee's date of birth is January 9, 1965 and Alternate Payee's Social Security number is 242-23-4635. 2. The Defendant, Shawn D. Carter, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "SERS"). 3. SERS, as a creature of statute, is controlled by the State Employees' EXHIBIT Retirement Code, 71 Pa. C.S. §§ 5101-5956 ("Retirement Code") 4. Members date of birth is June 2, 1966, and the Member's Social Security number is 186-62-0155. 5. Member's last known mailing address is: 310 Anderson Town Road Mechanicsburg, PA 17055 6. Alternate Payee's current mailing address is: 4 Dulles Drive, West G-8 Camp Hill, PA 17011 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of Member's retirement benefits is $39,157.55 plus interest at the statutory rate. Interest will start on the date of the separation` which is February 24, 2006. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Altemate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement. Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named under other. SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved. Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which option(s) Member selects at retirement. Member and Alternate Payee expressly agree that Member shall select the following retirement option(s) upon filing an Application for Retirement Allowance with SERS: (a) Member shall elect to take a lump sum withdrawal at least equal to the amount payable to the Alternate Payee as her equitable distribution share of $39,157.55 plus accrued interest. Alternate Payee's share shall be paid in full from that lump sum withdrawal and the balance, if any, shall be paid to the Member. If the Member's accumulated deductions are insufficient to satisfy the Alternate Payee's equitable distribution share, then Member shall withdraw One Hundred Percent (100%) of his accumulated deductions, all of which shall be payable to Alternate Payee. (b) In addition, Member may select any retirement annuity option offered by SERS under the Retirement Code. (c) If the lump sum withdrawal of accumulated deductions is insufficient to satisfy the Alternate Payee's equitable distribution share then fifty percent (50%) of Member's monthly annuity shall be paid to Alternate Payee until such time as SERS, in its sole discretion, determines that the Alternate Payee's share has been paid in full or the Member dies and no additional amounts are payable from his account, whichever occurs first. (d) The parties acknowledge that if the Member dies without having designated the Alternate Payee as his survivor annuitant and before the Alternate Payee has received her full equitable distribution share, if no death benefit is due, then no additional payments will be made to the Alternate Payee. (e) Member and Alternate Payee agree to notify SERS in writing, delivered via certified mail, not more than three months before the month Alternate Payee's equitable distribution portion will be paid in full, that Member's account should be reviewed for compliance with the terms of this Paragraph 10. SERS shall have no responsibility to monitor the total of payments to Alternate Payee. SERS shall cease payments to Alternate Payee within a reasonable period of time after receipt of said notice to review Member's account and its determination that it has paid Alternate Payee's full distribution share, as set forth in Paragraph 7 above. SERS may but shall not be required to make a partial payment so as to avoid exceeding the total amount due Alternate Payee. The parties agree that SERS shall not be held liable for any overpayment made to Alternate Payee. The parties agree to hold SERS harmless in any dispute regarding payment of Altemate Payee's equitable distribution share of Member's SERS. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs 7 through 9. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Altemate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. [SEAL] Plaintiff/Altemate Payee Attomey for Plaintiff/Attemate Payee [SEAL] Defendant(Member Authorization for the Release of Account Information to Alternate Payee I, Shawn D. Carter, authorize the Pennsylvania State Employees' Retirement Date Member's Signature Member's Printed Name System ("SERS") to release to Michelle Carter any and all information that she may request regarding my SERS benefits or retirement account. This authorization is granted under the terms of the Approved Domestic Relations Order entered by the Cumberland County Court of Common Pleas on at Docket Number 06-1882 which names Michelle Carter as Alternate Payee. A photocopy or faxed copy of this Authorization shall have the same force and effect as the original. Member's Social Security Number MICHELLE CARTER VS. SHAWN D. CARTER To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 05-1882 CIVIL TERM PROCIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (3trike out inapplicable section). 2. Date and manner of service of the complaint: 'An Ac-c-cmpta-jjga of ,q rvc was ci ansrl..hg--?Q_ nnfPndant`on Mav 9_,._ 006.__ 3. Complete either paragraph (a) for (b). (a) Date of execution of th4 affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 8/13Z2007 by defendant 8/13121107 (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 affidavit upon the respondent: 4. Related claims pending; There is a marital separation agrcasmP-11f .executed on August 13, 2007 that is incorporated for enforcement Purposes only but not merged 5. Complete either (a) or O. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of w tich is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver f Notice in §3301 (c) Divorce was filed with the Prothonotary: 8/ 2 / 2 0 0 7 L-.% for PWtiff 7 Defendant C) --, : - try --p M f= F`t'1 o r{•1 ? : --t cn w c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 06-1882 VERSUS SHAWN D. CARTER DECREE IN DIVORCE AND NOW, s t t,%r M7 , IT IS ORDERED AND DECREED THAT MICHELLE CARTER AND SHAWN D. CARTER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: ATTEST: J. h L 4 ?11? PROTHONOTARY e 2 IT-"W e-- (?2, U-0 a ' r ? f 1. ' KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ftopelawxom MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of, 2007, the parties, MICHELLE CARTER, Plaintiff, and Shawn D. Carter, Defendant, having been divorced by Decree dated September 11, 2007 of the Court of Common Pleas of Cumberland County, entered at Docket Number 06-1882, do hereby stipulate and agree as follows: 1. The Plaintiff, Michelle Carter, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is January 9, 1965 and Alternate Payee's Social Security number is 242-23-4635. 2. The Defendant, Shawn D. Carter, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "SERS") 3. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§ 5101-5956 ("Retirement Code") 4. Member's date of birth is June 2, 1966, and the Member's Social Security number is 186-62-0155. 5. Member's last known mailing address is: 310 Anderson Town Road Mechanicsburg, PA 17055 6. Alternate Payee's current mailing address is: 4 Dulles Drive, West G-8 Camp Hill, PA 17011 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of Member's retirement benefits is $39,157.55 plus interest at the statutory rate. Interest will start on the date of the separation which is February 24, 2006. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which option(s) Member selects at retirement. Member and Alternate Payee expressly agree that Member shall select the following retirement option(s) upon filing an Application for Retirement Allowance with SERS: (a) Member shall elect to take a lump sum withdrawal at least equal to the amount payable to the Alternate Payee as her equitable distribution share of $39,157.55 plus accrued interest. Alternate Payee's share shall be paid in full from that lump sum withdrawal and the balance, if any, shall be paid to the Member. If the Member's accumulated deductions are insufficient to satisfy the Alternate Payee's equitable distribution share, then Member shall withdraw One Hundred Percent (100%) of his accumulated deductions, all of which shall be payable to Alternate Payee. (b) In addition, Member may select any retirement annuity option offered by SERS under the Retirement Code. (c) If the lump sum withdrawal of accumulated deductions is insufficient to satisfy the Alternate Payee's equitable distribution share then fifty percent (50%) of Member's monthly annuity shall be paid to Alternate Payee until such time as SERS, in its sole discretion, determines that the Alternate Payee's share has been paid in full or the Member dies and no additional amounts are payable from his account, whichever occurs first. (d) The parties acknowledge that if the Member dies without having designated the Alternate Payee as his survivor annuitant and before the Alternate Payee has received her full equitable distribution share, if no death benefit is due, then no additional payments will be made to the Alternate Payee. (e) Member and Alternate Payee agree to notify SERS in writing, delivered via certified mail, not more than three months before the month Alternate Payee's equitable distribution portion will be paid in full, that Member's account should be reviewed for compliance with the terms of this Paragraph 10. SERS shall have no responsibility to monitor the total of payments to Alternate Payee. SERS shall cease payments to Alternate Payee within a reasonable period of time after receipt of said notice to review Member's account and its determination that it has paid Alternate Payee's full distribution share, as set forth in Paragraph 7 above. SERS may but shall not be required to make a partial payment so as to avoid exceeding the total amount due Alternate Payee. The parties agree that SERS shall not be held liable for any overpayment made to Alternate Payee. The parties agree to hold SERS harmless in any dispute regarding payment of Alternate Payee's equitable distribution share of Member's SERS. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs 7 through 9. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Plaintiff/Alternate Payee Attomey to ate Payee EAL] Defendant/Member N d 'T FTI NOV $ p Z00),,,? KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 S-bk-°pe(v?koaelaw com MICHELLE CARTER Plaintiff, vs. SHAWN D. CARTER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1882 CIVIL ACTION - LAW IN DIVORCE th oER AND NOW, this 6 day of Nbyr rA e attached Stipulation and Agreement dated ' 2007, the incorporated, but not Nov 19 ?,(b]of the parties in this case is merged, into this Order of court. J. ATTEST: °rI h'i.P•lbt ,ll dtdll? `zN1fry'oS J - /K ? 1 :6 WV 9Z AOW ZOOZ KdVjC>4 ', jt dd 3W. J0 06-1882 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 998108192 OOriginal Order/Notice State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND 313 S 2006 @ Amended Order/Notice Date of Order/Notice 06/27/08 OTerminate order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: CARTER, SHAWN D. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 186-62-0155 Employee/Obligor's Social Security Number BUREAU OF COMMONWEALTH* 1554101657 C/O WAGE ATTACHMENT SECTION Employee/Obligor's Case Identifier PO BOX 8006 (See Addendum for plaintiff names HARRISBURG PA 17105-8006 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. $ 739.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Ayes (S) no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 45.00 per month in current spousal support $ o. oo per month in past-due spousal support $ o. oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 784.00 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: $ 180.9Ter weekly pay period. $ 392.00 per semimonthly pay period (twice a month) $ 361.85 per biweekly pay period (every two weeks) $ 784.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NU RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDWARD ?L": Service Type M OMB No.: 0970-0154 JUDGE Form EN-028 Rev. 3 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heckefl you are required to provide aa opy of this form to yowulloyee. If yoyr employee works in a state that is di erent rrom the state that issued this o er, a copy must be provi eedd 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 employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR:[--] EMPLOYEE'S/OBLIGOR'S NAME: CARTER, SHAWN D. EMPLOYEE'S CASE IDENTIFIER: 1554101657 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST 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 Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker I D $ IATT r -1. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CARTER, SHAWN D. PACKS Case Number 594108236 Plaintiff Name MICHELLE CARTER Docket Attachment Amount 06-1882 CIVIL$ 45.00 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. ? 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 998108192 Plaintiff Name MICHELLE CARTER Docket Attachment Amount 00313 S 2006 $ 739.00 Child(ren)'s Name(s): DOB KELLY CARTER 09/15/92 ? 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. 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) ? 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. 3 Service Type M OMB No.: 0970-0154 Worker ID $IATT (?7 ey ?a ? ??., ?,? r, ? nib ?. i c:s ; c--= ?-, , ?. ?? >, ;f; ""`„ a ..? '"'C MICHELLE CARTER, Plaintiff/Petitioner VS. SHAWN D. CARTER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-1882 CIVIL TERM IN DIVORCE PACSES CASE: 594108236 ORDER OF COURT AND NOW to wit, this 3rd day of March 2009, it is hereby Ordered that the above captioned Alimony Pendente Lite case is adjusted in the amount of $355.07 from the credit of $355.07 under the child support case #998108192. The adjustment is due to PA RCP 1910.16-7(d), effective January 19, 2009. BY THE COURT: Edward'' uid J. DRO: R.J. Shadday xc: Petitioner Respondent Form OE-001 Service Type: M Worker: 21005 ?? 't mow., ?7 '?1 7L7;: R`r s' ? ? ? ? ?' . ? ?: fL7 r 1 .C' ? . .F _ ?? G ? f., '"1d .y . ? fU MICHELLE CARTER, Plaintiff/Petitioner VS. SHAWN D. CARTER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-1882 CIVIL TERM IN DIVORCE PACSES CASE: 594108236 ORDER OF COURT AND NOW to wit, this 10th day of December, 2009, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective November 11, 2007, pursuant to the parties' Decree in Divorce. The case will be closed with a zero balance after the credit of -$1,228.15 is adjusted as neither party advised the Domestic Relations Section of the final decree nor the mutual release for Alimony Pendente Lite in the Marital Separation Agreement of August 13, 2007. 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's Office for a hearing de novo before the Court. BY THE COURT: Edward "E. Guido- J. DRO: R.J. Shadday xc: Petitioner Respondent Shane B. Kope, Esq. Form OE-00I Service Type: M Worker: 21005 CAF THE PROTHONOTARY 2009 DEC 1 i Ply 2: 51 CUiifJD. v>J ;../..15.,/N P j??NSM_VA ,N (A ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 06-1882 CIVIL State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/10/09 Case Number (See Addendum for case summary) EmployerM/ithhoider's Federal [IN Number BUREAU OF COMMONWEALTH* C/O WAGE. ATTACHMENT SECTION PO BOX 8006 HARRISBURG PA 17105-8006 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment 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. $ 739.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 for a total of $ Employee/Obligor's Name (Last, First, MI) 186-62-0155 Employee/Obligor's Social Security Number 1554101657 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Arrears 12 weeks or greater? 0 yes © no 739.00 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: $ 170.54 per weekly pay period. $ 369.50 per semimonthly pay period (twice a month) $ 341.08 per biweekly pay period (every two weeks) $ 739.00 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 payment 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 NA TH PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SE ITY NU N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. fl BY THE COURT: Edward E. Guido, Judge DRO: R.J. Shadday Form EN-028 Rev.5 Service type rt ""'R^'"'Q" COI ' Worker ID $IATT 998108192 313 S 2006 OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE: CARTER, SHAWN D. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If checky you are required to provide a copy of this form to your employee. If yoUr employee works ina state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* 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 forvard 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 dire to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You rnu:t honor all Orders/Notices to the greatest extent possible. (See 49 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. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: CARTER, SHAWN D. EMPLOYEE'S CASE IDENTIFIER: 1554101657 DATE OF SEPARATIO LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: _.___--_ FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump slim 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 Penmylvania 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 flie lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act ;CCPA) 05 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°G, of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55"4, and that 60` o 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 he issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15) U.S.C 1673 (b)1. Depending upon applicable Stale 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: DOMESTi% RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 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" °970-0' 1,4 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CARTER, SHAWN D. PACSES Case Number 9981.08192 PACSES Case Number Plaintiff Name Plaintiff Name MICHELLE CARTER Docket Attachment Amount Docket Attachment Amount 00313 S 2006 $ 739.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB KELLY CARTER 09/15/92 PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Worker ID $IATT Service Type M OMB NO.: 0970-0153 RLEG--1`HCE OF THE: 2009 DEC I I Piii 2' 51 CUM ? ???ff 1`