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HomeMy WebLinkAbout06-2607f1\div\PARVIN,J0HN-3301C JOHN L. PARVIN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. d 6- 2 L U 7 w! ..- KRISTINE DUNTON, a/k/a KRISTINE PARVIN, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle. PA 17013-3302 Telephone: (717) 299-3166 -1- - %,. I! fl\&i \PARVIN,JOHN-3301C JOHN L. PARVIN, Plaintiff V. KRISTINE DUNTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE 1. The Plaintiff in this action is JOHN L. PARVIN, an adult individual, who currently resides at 413 Clover Road, Etters, York County, Pennsylvania. 2. The Defendant in this action is KRISTINE DUNTON, an adult individual, who currently resides at 1757 Creek Vista Drive, New Cumberland, Cumberland County, Pennsylvania. 3. Both the Plaintiff and the 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 lawfully joined in marriage on August 17, 1990, in the State of New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -2- r ,it 7. The Plaintiff avers that one child, BROOKE DIANE PARVIN, has been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.C.S. §4904, relating to unsworn falsification to authorities. Date: 5 ) 3'O6 I JOHN L. PARVIN STONE La FAVEJY",&ISHEXLETSKI By / Elizab St e Supre Cou D #60251 41 ridge S reet, P.O. Box E w Cumb nd, PA 17070 Teleph e 17-774-7435 AttornVVs for Plaintiff -3- V G i= j M h C" -tJ c a N O gyp., ? f'f9 -G G9, ?g W ? F' W I flldivl RARVIN,JOHN-AFFOFSERVICE JOHN L. PARVIN, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2607 Civil Term KRISTINE DUNTON, a/k/a KRISTINE PARVIN, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, KRISTINE DUNTON a/k/a KRISTINE PARVIN, at 1757 Creek Vista Drive, New Cumber- land, Pennsylvania, by United States Certified Mail, postage prepaid, restricted delivery, on May 11, 2006, as evidenced?by the attached I O M ru I -A r9 Postage $ O Cr Certified Fee J _ Realm R-IPt Fee C3 (Elldoraemerit Required) r ark M ,? era Ay ?. C3 RWcW ' h? 7? 1 p J met Req q/ ? . , C '? C3 Mel Postage a Fees $ -11h 1 \ U ,\?" ??,o ru ru rn 9^ c C3 r` i r„ompl_ete.items 1, 2, and 3. Also complete IMnn 4 if Restricted Delivery is desired. ¦ Print your name and address on the,raverse so that we can return the card to you. • Mhch this card to the back of the mailpiece, or on the front. if space permits. 1. Article Addressed to: 1h1v? • ?v1?-,-???.Q?uw? ri 5?1 Cr?k.Vl Ss W 2. Article Number (Copy from service labef) PS Form 3811, Juy 1999 A. Received by fPless , Fj nt!CWHY) I B. Date of Deli C. $ ' nature 13 X lr A 1A ll i ti e 1W Addddrme D. 11?elNery address t fromi item 17 ? Yes If YES, enter delivery address Below: ? No 3. Syvice Type Certified Mail 13 Mail ? Registered Return Receipt for Merchandise ? Insured Mail C.O.D. 4. Restricted Delivery? f ;aft Fee/, Yes 3?? e?? ogol ??? Direct Query - Intranet - "Quick" Search ii. ON fF!",lat P% Track/Confirm - Intranet Item Inquiry - Domestic Item: 7099 3220 0007 0901 6230 Destination ZIP Code: 17070 Origin ZIP Code: 17070-2163 Class: First Class Anticipated Delivery Date: 05/11/2006 Page 1 of 1 Date/Time Mailed: 05/10/2006 09:48 City: NEW CUMBERLAND State: PA City: NEW CUMBERLAND State: PA Weight: 0 lb(s) 1 oz(s) Postage: $0.39 Dely Rqmt: Normal PO Box?: N Special Services Associated Labels Amount CERTIFIED MAIL 7099 3220 0007 0901 6230 $2.40 RETURN RECEIPT $1.85 RESTRICTED DELIVERY $3.70 Event Date/Time Location Scanner ID DELIVERED 05/11/2006 13:51 NEW CUMBERLAND, PA 0OA38G51I 17070 I, NOTICE LEFT 05/11/2006 13:50 NEW CUMBERLAND, PA 00A38G51I 17070 NEW CUMBERLAND, PA ACCEPT OR PICKUP 05/10/2006 09:48 17070 Enter Request Type and Item Number: Quick Search !; Extensive Search Submit...... Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Page. http://pts.usps.gov/pts/labelInquiry.do 5/16/2006 Direct Query - Intranet Track/Confirm - Intranet Item Inquiry Item Number: 7099 3220 0007 0901 6230 This item was delivered on 05/11/2006 at 13:51 i y an Signature: r ' Address: f Enter Request Type and Item Number: Quick Search (! Extensive Search i_ Submit Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Pace. http://pts-usps.gov/pts/imageView.do Page 1 of I 5/16/2006 ? a ? ? am ? -?" , ?? C ? _. :`? .. . -? I {7 - ?,in _? z ? ,?, w Emily Long Hoffman, Esquire Attorney I.D. #66307 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 JOHN L. PARVIN Plaintiff V. KRISTINE DUNTON, a/k/a KRISTINE PARVIN, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2607 Civil Term IN DIVORCE RESPONSE AND COUNTERCLAIM TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. T Admitted. 8. This is an averment as to which Defendant has no knowledge and therefore is deemed denied. 9. This is an averment to which Defendant's response is not required and as such is deemed denied. 10. The prior paragraphs of this Complaint and Defendant's responses thereto are incorporated herein by reference as though set forth in full. .- 11. Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 12. The Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 13. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 14. Plaintiff has adequate earnings to provide for the Defendant's support and to pay her counsel fees, costs and expenses. 15. Defendant lacks sufficient property to provide for her reasonable needs. 21. Defendant is unable to sufficiently support herself through appropriate employment. 22. Plaintiff has sufficient income and assets to provide continuing support for the Defendant. COUNT #2 - EQUITABLE DISTRIBUTION 23. The prior paragraphs of this Complaint and Defendant's responses thereto are incorporated herein by reference as though set forth in full. 24. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Defendant requests that this Honorable Court grant her request for Alimony, APL, Counsel Fees and Costs and Equitable Distribution of Marital Property. Respectfully submitted, Emily Long Hoffman Sup Ct ID # 66307 105 N. Front St. P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 Attorney for Defendant Date: U - loo (. ?- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was mailed by U.S. First Class mail to the person below on this day: Elizabeth B. Stone, Esquire P.O. Box E New Cumberland, PA 17070 Respectfully submitted, Date: ( J1( , Q.o By: 9 Emily Long Hoffinan, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Attorney for Defendant VERIFICATION I, Kristine Dunton, a/k/a Kristine Parvin, upon my personal knowledge, information, and belief, aver that the facts averred and statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements or Averments therein made will subject me to the criminal penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. BY: Kris line Dunton? " 6/Ii, A a Kristine arvm Date: 0 - I b _ 0(-0 • :., ? c -IND Y ' Emily Long Hoffman, Esquire Attorney I.D. #66307 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Attorney for Defendant JOHN L. PARVIN Plaintiff V. KRISTINE DUNTON, a/k/a KRISTINE PARVIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2607 Civil Term IN DIVORCE Petition Requesting Hearing for APL Claim 1. Defendant filed a Counterclaim in the above matter requesting Alimony Pendente Lite. 2. A conference for child support and spousal support is scheduled at Domestic Relations on August 29, 2006, at 2:00 p.m. with a docket number of 605 S 2006 and PACSES # 908102910. 3. Defendant desires that her APL claim be heard at the same time as the support conference scheduled on August 29, 2006. WHEREFORE, Defendant requests that her claim for APL be heard at the same time as her child/spousal support claim. Respectfully submitted, UN? By: 4' Emily Lon Hoffman, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Attorney for Defendant Date: 8/21/06 Q ?.. M o n X17 y ? tV -a ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 09/05/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number UNITED PARCEL SERVICE FREIGHT C/O PAYROLL DEPT. PO BOX 1216 179-50-8468 Employee/Obligor's Social Security Number 6515100670 Employee/Obligor's Case Identifier (See Addendum for plaintiff names 1000 SEMMES AVE associated with cases on attachment) RICHMOND VA 23218-1216 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. $ 807. oo per month in current support $ 45.00 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 $ per month in other (specify) for a total of $ 852.00 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: $ 196.62 per weekly pay period. $ 393.23 per biweekly pay period (every two weeks). $ 426. o0 per semimonthly pay period (twice a month). $ 852. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: Size 0 6 2006 DRO: R.J. Shadday Service Type M 725108586 (D Original Order/Notice 06-2607 CIVIL O Amended order/Notice 908102910 O Terminate Order/NoticE 605 S 2006 RE: PARVIN, JOHN L. Employee/Obligor's Name (Last, First, MI) BY THE COURT: N M. L. Ebert, Jr., Judge Form EN-028 .,,--I"-- .1 OMB No.: 0970-0154 $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If,?hecke?J you are required to pr ide a?opy of this form to pyour,dem to your emo ry mployee orks in a state that is Brent rom the state that issu tt is o er, a copy must be rove pYo ee even if tte 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.. lnoiuu r) WJIVII 3V11U1116 U-1... ......... ..... You must comply with the law of the paydabe/date ofNrith???Vluullt - withheld the employee's wages-- state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 5404812360 EMPLOYEE'S/OBLIGOR'S NAME: PARVIN JOHN L. EMPLOYEE'S CASE IDENTIFIER: 6515100670 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 employeelobligor'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 employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional 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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PARVIN, JOHN L. PACSES Case Number 725108586 Plaintiff Name KRISTINE M. DUNTON Docket Attachment Amount 06-2607 CIVIL$ 252.00 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. 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. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 09]0-0154 o fi ?'- c `? ` ?? m y ?? ?,. ? 7 S r <, s r ?C? 1'? :G ? t,Jt , ? G JOHN L. PARVIN, Plaintiff/Respondent VS. KRISTINE M. DUNTON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-2607 CIVIL TERM IN DIVORCE PACSES # 725108586 ORDER OF COURT AND NOW, this 5th day of September, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1414.73 and Respondent's monthly net income/earning capacity is $2809.49, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $275.00 per month payable as follows: $252.00 for alimony pendente lite and $23.00 on arrears. First payment due September 15, 2006 at a rate of $58.15 weekly. Arrears set at $252.00 as of September 5, 2006. The effective date of the order is August 24, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Kristine M. Dunton. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 N Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Respondent is to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon the calculations that were recommended for the child support and spousal support case under PACSES C# 908102910 and docket at 00605 S 2006. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT, N\ -L Mailed copies on: September 6, 2006 UA? to: Petitioner Respondent Emily L. Hoffman, Esq. Elizabeth B. Stone, Esq. DRO: R.J. Shadday M.L. Ebert, Jr., " J. o ? C. TI ?..?,. UI - 1 rjO cn O In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KRISTINE M. DUNTON ) Docket Number 06-2607 CIVIL Plaintiff ) VS. ) PACSES Case Number 725108586 JOHN L. PARVIN ) Defendant ) Other State ID Number ORDER OF COURT You, JOHN L. PARVIN plaintiff/defendant of 413 CLOVER RD, ETTERS, PA. 17319-9782-13 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 20, 2006 at 10: 30AM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 T • ... -1. DUNTON PACSES Case Number: 725108586 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: I 1 ? - 6b JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v• PARVIN CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 f 4 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KRISTINE M. DUNTON ) Docket Number 06-2607 CIVIL Plaintiff ) VS. ) PACSES Case Number 725108586 JOHN L. PARVIN ) Defendant } Other State ID Number ORDER OF COURT You, KRISTINE M. DUNTON plaintiff/defendant of 1757 CREEK VISTA DR, NEW CUMBERLAND, PA. 17070-2213-57 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 20, 2006 at 10: 30AM for a hearing. You are further required to bring to the hearing: I . a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 e DUNTON PACSES Case Number: 725108586 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: --?y--Q-S?o JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. PARVIN CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 ? , .__, ;?; u, ?. _-?. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Z P05 S ,20'04, Date of Order/Notice 09/25/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number UNITED PARCEL SERVICE FREIGHT C/O PAYROLL DEPT. PO BOX 1216 179-50-8468 Employee/Obligor's Social Security Number 6515100670 Employee/Obligor's Case Identifier (See Addendum for plaintiff names 1000 SEMMES AVE associated with cases on attachment) RICHMOND VA 23218-1216 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. $ 807.00 per month in current support $ 68. oo per month in past-due support Arrears 12 weeks or greater? @yes Q no $ 0. oo per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 875.00 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: $ 201.92 per weekly pay period. $ 403 .85 per biweekly pay period (every two weeks). $ 437.50 per semimonthly pay period (twice a month). $ 875.00 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 NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: SEP 2 6 2006 7a5/ U 359 No -a66 7 CIVIC. O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: PARVIN, JOHN L. Employee/Obligor's Name (Last, First, MI) BY THE COURT: p Form EN-028 Rev. Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a copy of this form to your em loyee. If your employee works in a state that is diherent from the state that issued this order, a copy must be provide 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. *-Repv . 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: 5404812360 EMPLOYEE'S/OBLIGOR'S NAME: PARVIN, JOHN L. EMPLOYEE'S CASE IDENTIFIER: 6515100670 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 (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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M 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 $IATT { 4 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PARVIN, JOHN L. PAGES Case Number 725108586 Plaintiff Name KRISTINE M. DUNTON Docket Attachment Amount 06-2607 CIVIL$ 275.00 Child(ren)'s Name(s): DOB PACSES Case Number 908102910 Plaintiff Name KRISTINE M. DUNTON Docket Attachment Amount 00605 S 2006 $ 600.00 Child(ren)'s Name(s): DOB BROOKE D. PARVIN 05/30/96 ® If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 c?? ? -s? -cJ _.- c<? --3 -? -n -? ;-rs I - ? V _ __? ?"'? ... -? `?.? "'f"i -- C7 t <..?1 ?. C?? 1„ JOHN L. PARVIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-2607 CIVIL TERM KRISTINE DUNTON, IN DIVORCE Defendant/Petitioner PACSES # 725108586 ORDER OF COURT AND NOW to wit, this 20th day of November 2006, it is hereby Ordered that the Order for Alimony Pendente Lite is suspended and the case closed due to the written request of the Petitioner. There is no money due the Petitioner. BY THE COURT: N-L U4 M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Emily L. Hoffman, Esq. Elizabeth B. Stone, Esq. Service Type: M Form OE-001 Worker: 21005 FROM FAX NO. :717737717.6 Nov. 16 2006 11:16AM P2i2 -nevzojw) l61 ZoUb r nom- ?'7 T74 -3 7?3(o, ? ?rn i tG r` o r*i a- n o Q- .'D::o? rrl ?r C) rrl z -i N -i o -C 2 N co h? C.:? t? tiT? _ •-? 1 ?Z ?:? (?' ?? C.,,7 ? i _ .?"' :=3 f1\cust\1-custdy.not JOHN L. PARVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2607 civil term KRISTINE DUNTON, a/k/a KRISTINE PARVIN, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after the 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 against you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint 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 Telephone: (717) 249-3166 f1\cust\parvincustc0mp Elizabeth B. Stone, Esquire Supreme Court Id. No. 60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717-774-7435 Attorneys for the Plaintiff JOHN L. PARVIN, Plaintiff V. KRISTINE DUNTON, a/k/a KRISTINE PARVIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2607 Civil Term CIVIL ACTION - LAW IN DIVORCE COMPLAINT FOR CUSTODY 1. The plaintiff is John L. Parvin, an adult individual, resid- ing at 6116 Ironwood Drive, Harrisburg, Pennsylvania, 17112. 2. The defendant is Kristine Dunton a/k/a Kristine Parvin, an adult individual, with a last known address of 44 Village Court, Mechanicsburg, Pennsylvania, Cumberland County, 17055, although it is believed that she no longer resides at this address, she does still live in Cumberland County. -1- 3. Plaintiff seeks partial custody of Brooke D. Parvin, who resides with her mother at an unknown address. Brooke is 11 years of age having been born on May 30, 1996. The child was not born out of wedlock. The child is pr, During the past following persons and at NAME Plaintiff and Defendant E?sently in the custody five years, the child the following address ADDRESS 413 Clover Road Etters, PA of Mother. has resided with the Ds. DATES birth until 10-31-2004 Defendant 1756 Vista Creek Drive New Cumberland, PA Defendant 44 Village Court Mechanicsburg, PA Defendant Mechanicsburg, PA 10-31-04 tc 10-31-06 11-1-06 to 1-1-08 1-1-08 to present The mother of the child is Defendant currently residing at an unknown address in Cumberland County. She is married to the Plaintiff; however, a divorce complaint was filed on or about May 5, 2006, by Plaintiff. The father of the child is Plaintiff currently residing at 6116 Ironwood Drive, Harrisburg, Pennsylvania, 17112. He is married to the Defendant; however, a divorce complaint was filed on or about May 5, 2006. -2- 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: NAME RELATIONSHIP n/a 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: NAME RELATIONSHIP Defendant and minor child Mother and daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with both parents since birth until she was eight years old who have provided a continuous living relationship with the child; -3- (b) The father is able to provide a stable home and family environment for the child allowing the child opportunity to spend time with the child's mother. (c) The parties have not been able to create a schedule that allows the Father consistent and regular visits with his daughter. (d) The Father avers that he has been denied regular contact with his daughter; seeing and speaking with his daughter very infrequently. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant him partial custody of the child; and in the alternative, schedule a Custody Conciliation as soon as feasibly possible. STONE LaFAVER & SHEKLETSKI El Beth Stones, ESQUIRE ipre t ?f b. #60251 41 dge tr`eet, P.O. Box E 3Qe Cumb 1,nd, PA 17070 Teleph e,. (717) 774-7435 Atto e's for Plaintiff Dated: -4- VERIFICATION John L. Parvin states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. JOHN L. PARVIN Date: 3 13 1 0 9' 0 c? T ,371 o. , 1 fi\div\PARVIN,JOHN-affofconsent JOHN L. PARVIN, Plaintiff V. KRISTINE DUNTON, a/k/a KRISTINE PARVIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2607 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 5, 2006, and served May 11, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. -3 SOS QeL 4 - po?,,? - - Date ohn L. Parvin, Plaintiff ri "G' F'V fl\div\PARVIN,JOHN-waiverofnot JOHN L. PARVIN, Plaintiff V. KRISTINE DUNTON, a/k/a KRISTINE PARVIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2607 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. Date ohn L. Parvin, Plaintiff „? ? r?` ? ? O `?., ? a ? ? ? t CTs -? ?"? -? ? . -a ?' ?? ? N •' "`?'+ ,?'- .-?' w JOHN L. PARVIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-2607 CIVIL ACTION LAW KRISTINE DUNTON, A/K/A KRISTINE PARVIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 07, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 10, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements 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 frV ono 1 t? t? a vw Boa AU*(?'??Oe?'aj+jPG-,-,i t 413o I 1 INOL tAcuMparvin,john-affofservice Elizabeth B. Stone, Esquire Supreme Court Id. No. 60251 Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Tel.# 717-774-7435 Attorneys for the Plaintiff JOHN L. PARVIN, V. Plaintiff KRISTINE DUNTON, a/k/a KRISTINE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2607 Civil Term PARVIN, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Custody in the above captioned matter on the defendant, Kristine Dunton a/k/a Kristine Parvin, by service upon her attorney, Emily Hoffman, at 105 North Front Street, Harrisburg, Pennsylvania 17108, by United States certified mail, postage prepaid, return receipt requested delivery, on March 14, 2008, as evidenced by the attached cextifted_a 1 r urn receipts. SWORN TO AND SIL,T?3SCRIBED before me this i7' day of 2008. Nota i at L OF PENNSYLVANIA NOTARIAL SEAL KATHMEN KEIM, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires Dec. 5, 2010 ¦ . t S, Postal Service 1 RECEIPT (Domestic 117 CERTIFIED I zp- Coverage Provided) I O Post- e 9 s 1' y Here 4' V. O Total Postage & Fees </J - ~ r"- Sent To , C Q Street, Apt: No.: ..... -"- - - -°--- ... C3 or PO BOX NO.? ------------ - -- -•--t- City, State, 4 -- --°•°• ._.- -•° Lrl Certified Fee O Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) r-q ¦ Complete items 1, 2, and 3. Also complete Ibm 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 1 sty :? ? C ?? rlio? x ?p ?j n ? Agsnt A"V 1" nn`. eived by (Pdnte Na P), C. Date of D*A y D. Is delivery ad different from Rem 1? ? Yes If YES, enter delivery address below: ? No 3. Syfice Type Certified Mail ? ress Mail ? Registered 'If Retum Receipt for Merchombs ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Exfra Feel O Yes 2. ArticleN.ftrr? mr 7007 0710 0005 5044 1249 (flwrdllr flo asrvfcs ilfibsn PS Form 3811, FeWuWY 2004 Dornsetlo Rob" Roos" ttnstas=o2 tail ; r M co s : CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you fl\divTAR V [ N,JOH N-amendcomp JOHN L. PARVIN, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2607 CIVIL TERM KRISTINE DUNTON, a/k/a KRISTINE PARVIN, PARVIN, Defendant must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 Telephone: (,717) 249-3166 JOHN L. PARVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 06-2607 CIVIL TERM KRISTINE DUNTON a/k/a KRISTINE PARVIN, Defendant : CIVIL ACTION - IN DIVORCE AMENDED COMPLAINT 1. The plaintiff in this action is JOHN L. PARVIN, an adult individual, who currently resides at 2106 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The defendant in this action is KRISTINE DUNTON a/k/a KRISTINE PARVIN, an adult individual, whose last know address is 2234 Gleim Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. COUNT II REQUEST FOR DECREE OF DIVORCE UNDER SECTION 3301(4) OF THE DIVORCE CODE 3. Paragraphs 3 through 9 of the original complaint are incorporated by reference herein as though fully set forth at length. 4. The parties have lived separate and apart for a period of at least two (2) years, having been separated on or about October 31, 2004. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's & Sailor's Civil Relief Act of the Congress of 1940 and its amendments. WHEREFORE, the plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. STONE LaFAVER &.W]?LETSKI Date: 1 2ofie LaFave t Shekletski 414 Bridge eet, P.O. Box E New Cu erland, PA 17070 Telep ne: (717) 774-7435 Fax: 17) 774-3869 A o ev for Plaintiff VERIFICATION John L. Parvin states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. J HN L. PARVIN Date: 313 1 0 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Emily Hoffman, Attorney at Law 105 North Front Street Harrisburg, PA 17108 Date: b f 4beth B. #602 414 idgeYre , P.O. Box E Nz?v Cumb rl d, PA 17070 Telephon . 17) 774-7435 Fax: (71 774-3869 Atto v for Plaintiff 0 ?- w r3 CO =. ? j rn c-n 3 QIPR 18 209e/ JOHN L. PARVIN VS. Plaintiff KRISTINE DUNTON, a/k/a KRISTINE PARVIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-2607 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ;1( day of AW;S , 2008, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: 1. The Father, John L. Parvin, and the Mother, Kristine Dunton, shall have shared legal custody of Brooke D. Parvin, born May 30, 1996. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other parry's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. Beginning April 25, 2008, the Father shall have custody of the Child on alternating weekends on Friday from 4:00 p.m. until 9:30 p.m. and from Saturday at 4:00 p.m. through Sunday at 8:00 p.m. B. Beginning Friday, May 23, 2008 and continuing thereafter on an ongoing basis, the Father shall have custody of the Child on alternating weekends from Friday at 4:00 p.m. through Sunday at 8:00 p.m. The parties shall cooperate in making the appropriate arrangements if the Child chooses to stay with the Mother on Saturday during the Father's work hours. C. Beginning the week of April 14, 2008, the Father shall have custody of the Child during every week on either Tuesday or Wednesday, as arranged by agreement between the parties, from 4:00 p.m. until 8:00 p.m. The Father shall ensure that the Child's homework is completed during his periods of custody. D. The Father shall take the Child to her counseling appointments on the second and fourth Thursdays of each month at 5:00 p.m. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through December 26 at 9:00 p.m. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall run from after school on the Wednesday before Thanksgiving through the following Friday at 4:00 p.m. The Mother shall have custody of the Child for Thanksgiving in even-numbered years and the Father shall have custody in odd-numbered years. C. Easter: In every year, the Mother shall have custody of the Child before church on Easter morning until 4:00 p.m. and the Father shall have custody from 4:00 p.m. until 8:30 p.m. on Easter Sunday. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day with the specific arrangements to be made by agreement between the parties. E. In even-numbered years, the Father shall have custody of the Child on Memorial Day from 9:00 a.m. until 8:30 p.m. and in odd-numbered years, the Mother shall have custody of the Child on Memorial Day. F. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedule. 5. Each parent shall be entitled to have custody of the Child for up to two (2) weeks for vacation each summer upon providing at least thirty (30) days advance notice to the other party. Periods of custody under this provision shall be scheduled to include the parties' regular weekend period of custody and shall be scheduled non-consecutively, unless otherwise agreed between the parties. The party providing notice first shall be entitled to preference on his or her selection of vacation days. 6. In the event either party intends to remove the Child from his or her residence for an overnight period or longer or intends to transport the Child more than 100 miles from his or her residence, that parent shall provide advance notice to the other parent of the location and telephone number where the Child can be contacted. 7. The Father shall provide all transportation when taking the Child to counseling appointments. For other exchanges of custody the parent receiving custody shall be responsible to provide transportation for the exchange with the exception of the end of the Father's weekday period of custody for which the parties shall meet at the halfway point between their residences as arranged by agreement, or in the absence of agreement, as designated by Map Quest. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. Within ninety (90) days of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to review the custodial arrangements, if necessary. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. Pi cc: zabeth B. Stone, Esquire - Counsel for Father ?mily L. Hoffman, Esquire - Counsel for Mother C-C?f I £S Mall (CCL All I - ?oa ? t ? __ .. ' Cj a ?i .? ,?mod ?) ?°_^? 1 ?'i? »3 v '? ... ? wi., ? ?tiUG _...t'.. r ... i }.1 JOHN L. PARVIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. KRISTINE DUNTON, a/k/a KRISTINE PARVIN Defendant 2006-2607 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brooke D. Parvin May 30, 1996 Mother 2. A custody conciliation conference was held on April 10, 2008, with the following individuals in attendance: the Father, John L. Parvin, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Kristine Dunton, formerly Parvin, with her counsel, Emily L. Hoffman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. A /- 7 Date Dawn S. Sunday, Esquire Custody Conciliator OF:\DO(-S\PD\MGT\p a rv in johnmoti on formaster.wpd ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JOHN L. PARVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2607 civil term KRISTINE DUNTON, a/k/a KRISTINE: PARVIN, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND NOW, this I A II) day of May, 2008, John L. Parvin, Plaintiff herein, by and through his attorneys, Stone Lafaver & Shekletski, moves the Court to appoint a master with respect to the following claims: ( X ) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The non-moving party has appeared in the action by her attorney, Emily Long Hoffman, Esquire. (3) The statutory grounds for divorce are that the parties have been separated for over two years. (4) The action is not contested. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the motion: Defendant's counsel has been unresponsive and/or dilatory to correspondence, phone calls and pleadings over the last two years for no apparent reason. ' ?- Date: Noll ?? i.,`:7 ?. ? ,. ? ...•,.. ?? ?? a ?:. xa ?_?.. . .. `....`1 .. _3 610 _C400 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the MOTION FOR APPOINTMENT OF MASTER has been served this 16" day of May, 2008, by First Class Mail upon: Emily Hoffman, Attorney at Law 105 North Front Street Harrisburg, PA 17108 STONE LAFAVER &,9HEKIkETSKI BY: / 1¢1 ? Stone, Esquire pre o rt ID.#60251 414 r' g Street New C mb rland, PA 17070 Phon 7 7-774-7435 Fax -774-3869 Att net's for Plaintiff ? u VAr aozw?,r F:\DOCS\PD\MOT\parvinjohnmotionformaster.wpd ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JOHN L. PARVIN, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2607 civil term KRISTINE DUNTON, a/k/a KRISTINE: PARVIN, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER BY THE CO T: j CA AND NOW, lkaq-,23 20,18 eeoe ? &c,•&f;ViEsquire, is appointed master with respe to the following claims: ! it -°t kt_; tr am C`.1 L ... N MOVING PARTY Name: John L. Parvin Attorney's Name: Elizabeth B. Stone, Esquire Attorney's Address: STONE LaFAVER & SHEKLETSKI 414 Bridge Street Post Office Box E New Cumberland, PA 17070 Attorney's Telephone 717-774-7435 Attorney's E-Mail: estone@stonelaw.net NON-MOVING PARTY Name: Kristine Dunton a/k/a Kristin Parvin Attorney's Name: Emily L. Hoffman, Esquire Attorney's Address: 105 North Front Street Harrisburg, PA 17108 Attorney's Telephone #: 717-232-1112 Attorney's E-Mail: Unknown Emily Long Hoffman, Esquire Attorney I.D. #66307 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 JOHN L. PARVIN Plaintiff V. KRISTINE DUNTON, a/k/a KRISTINE PARVIN, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2607 Civil Term IN DIVORCE RESPONSE AND COUNTERCLAIM TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. This is an averment as to which Defendant has no knowledge and therefore is deemed denied. 9. This is an averment to which Defendant's response is not required and as such is deemed denied. COUNTERCLAIM COUNT 1 - EQUITABLE DISTRIBUTION 10. The prior paragraphs of this Complaint and Defendant's responses thereto are incorporated herein by reference as though set forth in full. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Defendant requests that this Honorable Court grant her request for Equitable Distribution of Marital Property. Respectfully submitted, Date: G I ? O' 64 Emily Long Hoffman Sup Ct ID # 66307 105 N. Front St. P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was mailed by U.S. First Class mail to the person below on this day: Elizabeth B. Stone, Esquire P.O. Box E New Cumberland, PA 17070 Respectfully submitted, By: _ Emily Long H ffman, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Attorney for Defendant Date: 6/30/08 _ °' -Y=1 -??; r ? ? X' " c 1 ??y --? Emily Long Hoffman, Esquire Attorney I.D. #66307 P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 JOHN L. PARVIN Plaintiff v. KRISTINE DUNTON, a/k/a KRISTINE PARVIN, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2607 Civil Term IN DIVORCE DEFENDANT, PRE-TRIAL STATEMENT DOM: August 17,1990 DOS: October 31, 2004 1. List of Assets: Item Description Owners 1. Proceeds from marital home H & W 2. UPS Savings Plan H 3. UPS Qualified Stock Ownership H Plan 4. UPS Retirement Plan H Possessor Values Note H & W The parties divided the proceeds equally H Unknown Must be valued DOS approx. value = $25,127 Loan taken out after separation with no knowledge nor consent of Wife H Unknown Must be valued DOS approx. value = $25,127 H Unknown Must be valued LIABILITIES 1. Bankruptcy H & W Filed 8/20/2003 Husband made post-separation payments of approx. $3,496 Wife did not seek child support until Husband paid off bankruptcy 2. Expert witnesses: Witness to testify regarding value of Pension and retirement funds if needed. 3. Witnesses: Kristine Dunton, Defendant We reserve the right to call additional witnesses if needed. 4. Exhibits: 1. UPS Savings Plan and Stock Ownership Statement 2. UPS Retirement Plan Statement 3. Bankruptcy printout 4. Income Tax Returns 5. Paystub 6. Valuation of Retirement plans Defendant reserves right to add exhibits as needed. 84721 1 5. DEFENDANT's INCOME Employer: Home Instead Care Mechanicsburg, Pennsylvania Gross Pay per Pay Period: $ Varies and works as needed Rate of Pay: $8.00 per hour earns approx. $799 month Child support: $128/week 6. Defendant's expenses: Monthly Rent $ 875 Utilities Electric $ 65 Telephone $ 33 Water & Sewer $ 70 Gas $ 50 Cable $ 33 Internet $ 33 Taxes Personal $ 1 Insurance Homeowners $ 10 Health Still covered under husband but will have expense after divorce (BC/BS approx $356.50/month with $750 deductible) Automobile $ 79 Automobile Fuel $ 500 Medical Doctor $ 50 Dentist $ 15 Orthodontist $ 100 Groceries $ 400 Private School $ 100 Personal Clothing $ 100 Hair $ 37 Miscellaneous Camp $ 20 Entertainment $ 100 Vacation $ 50 Legal fees $ 50 84721 1 7. Value of Retirement Benefits: Must be valued 8. Fees: no request for counsel fees 9. The main issues are: 1. property distribution 2. Valuation of retirement accounts and pension 10. Debts: Wife has a post-separation credit card 11. Proposed resolution of economic issues: Divide pensions and retirement plans with Wife to receive 60% and Husband to receive 40%. Have Husband pay for valuation of the assets. Respectfully submitted, Emily ong H ?fm , Esquire Sup. Ct. ID # 66307 P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 7/28/08 Attorney for Defendant 90882 1 CERTIFICATE OF SERVICE A true and correct copy of the attached document was mailed by First Class U.S. Mail on this day to: Elizabeth B. Stone, Esquire P.O. Box E New Cumberland, PA 17070 Respectfully submitted, By: t. Emily Long offman, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 7/29/08 90882 1 EXHIBIT 'T' UPS Savings Advantage 55 Glenlake Parkway, NE Atlanta, GA 30328 October 23, 2007 Kathleen Kelm Stone LaFaver & Shekletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 RE Dear Ms. Kelm: UPS Savings Plan and Qualified Stock Ownership Plan John Parvin This letter is to acknowledge receipt of a written request concerning John Parvin's UPS Savings Advantage accounts. He became a Plan participant on December 29, 2005. As of October 18, 2007 his account balance in the UPS Savings Plan was 525,127.50, and $473.06 in the UPS Qualified Stock Ownership Plan. He has a loan with a balance of .S 1,514.89 as of October 19, 2007 and a scheduled payoff date of May 1.6, 2008. I have enc?osed model language and procedures to assist you in drafting a Qualified Domestic Relations Order (QhRO). ',Ve strongly encourage the parties to submit a proposed order to the Plan for pre-approval prior to obtaining and submitting a final, executed court order. Please direct all correspondence to the QDRO Committee, UPS Savings Plan, 55 Glenlake Parkway, N.E., Atlanta, Georgia 30328. Should you have any questions, please contact Cheryl Stephenson-Smith at 404-828-6610. Sincerely, Llodcste B. Arthurton for the Plans ??1BA:css l :, i t; l o"u res John Parvin EXHIBIT "2" UPS Retirement Plan ' ..,, 55 Glenlake Parkway, NE; Atlanta, GA 30328 July 30, 2007 Elizabeth B. Stone, Esquire Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Re: Retirement Estimate John Parvin 179-50-8468 Dear Ms. Stone: This letter is in response to your request for retirement information for the above matter. As of July 31, 2007, John Parvin has accrued 18 years of service credit and will be entitled to a Single Life Annuity retirement benefit consisting of a deferred monthly (estimated) amount of $1,243.43 at age 65, normal retirement. John began his employment on January 23, 1989. The benefit amount is an estimate based on the termination date of July 31, 2007 and other assumptions. Participants in the UPS Retirement Plan (the "Plan") are eligible to begin receiving monthly benefits at their normal retirement age, although Participants with at least ten years of Vesting Service are eligible to begin receiving monthly benefit payments which may be reduced as early as age 55. The actual amount of John Parvin's benefit will be calculated when he retires. Please note that the estimate reflects current plan provisions and applicable laws. Since your inquiry is in regard to a domestic dispute (i.e. a divorce), the Plan has taken the liberty to attach information regarding a Qualified Domestic Relations Order (QDRO). If you have any questions, please write to the UPS Retirement Plan at 55 Glenlake Parkway, NE, Atlanta, GA 30328 or you may contact Stacy R. Wilson at (800) 643-4442 ext. 7604. UPS Retirement Plan Administrative Committee JH: srw cc: Administrative Committee John Parvin Connie Marshall Enclosure: UPS Retirement Plan Qualified Domestic Relations Order Model Language and Procedures EXHIBIT "3" Case NO: 10303755 Case NO: 10303755 JOHN L PARVIN and KRISTINE M. DUNTON 413 CLOVER ROAD ETTERS PA 17319 Case Status: Petition Filed Date: Date 1st Meeting:_ Date Confirmed: Date of Last Motion to Dismiss: Total Paid by Debtor to date: Plan Type: Percent Unsecured: Commissions: Judge: CONFIRMED 06/25/2003 07/31/2003 08/20/2003 None Filed 5,490.00 Base 0.00 04.30% Attorney: JAMES M. BACH, ESQUIRE Comments: 82703$266. Arrears: 18.00- Total Paid To Creditors to date: 5,125.83 Months to Complete: 6 Balance To Complete Plan: 894.00 Undistributed Funds on Hand: 152.00 Future Calendar Calendar Date: Calendar Time: Description: No Calendars on File Debtor Payments: Date Payment Date Payment Date 07/14/2003 38.00 07/21/2003 38.00 07/28/2003 08/04/2003 38.00 08/11/2003 38.00 08/18/2003 08/25/2003 38.00 09/03/2003 38.00 09/08/2003 09/16/2003 38.00 09/24/2003 38.00 09/29/2003 10/06/2003 38.00 10/14/2003 38.00 10/22/2003 11/03/2003 76.00 11/25/2003 152.00 12/08/2003 12/15/2003 38.00 12/22/2003 38.00 12/29/2003 01/06/2004 38.00 01/12/2004 38.00 01/20/2004 01/26/2004 38.00 02/02/2004 38.00 02/09/2004 02/18/2004 38.00 02/23/2004 38.00 03/01/2004 03/08/2004 38.00 03/15/2004 38.00 03/22/2004 03/29/2004 38.00 04/06/2004 38.00 04/13/2004 04/19/2004 38.00 04/26/2004 38.00 05/03/2004 05/10/2004 38.00 05/17/2004 38.00 05/24/2004 06/01/2004 38.00 06/07/2004 38.00 06/14/2004 06/21/2004 38.00 06/28/2004 38.00 07/06/2004 07/12/2004 38.00 07/19/2004 38.00 07/27/2004 08/06/2004 38.00 08/11/2004 38.00 08/18/2004 08/27/2004 38.00 09/01/2004 38.00 09/09/2004 09/15/2004 38.00 09/22/2004 38.00 09/29/2004 10/06/2004 38.00 10/14/2004 38.00 10/20/2004 10/27/2004 38.00 11/04/2004 38.00 11/12/2004 11/16/2004 38.00 11/24/2004 38.00 12/06/2004 12/07/2004 38.00 12/14/2004 38.00 12/22/2004 http://ramapo.com/Harrisburg/p 10303755.html Page 1 of 3 Payment 38.00 38.00 38.00 38.00 38.00 38.00 38.00 38.00 38.00 r 38.00 38.00 38.00 38.00 38.00 38.00 38.00 38.00 38.00 38.00 38.00 38.00 38.00 5 . 38.00 38.00 6/6/2006 Case NO: 10303755 Page 2 of 3 12/28/2004 38.00 01/05/2005 38.00 01/11/2005 38.00 01/20/2005 38.00 01/25/2005 38.00 02/01/2005 38.00 02/08/2005 38.00 02/15/2005 38.00 02/23/2005 38.00 03/03/2005 38.00 03/09/2005 38.00 03/15/2005 38.00 03/22/2005 38.00 03/30/2005 38.00 04/06/2005 38.00 04/14/2005 38.00 04/19/2005 38.00 04/26/2005 38.00 05/04/2005 38.00 05/11/2005 38.00 05/17/2005 38.00 05/24/2005 38.00 06/02/2005 38.00 06/08/2005 38.00 06/15/2005 38.00 06/21/2005 38.00 06/29/2005 38.00 07/06/2005 38.00 07/12/2005 38.00 07/19/2005 38.00 07/26/2005 38.00 08/03/2005 38.00 08/10/2005 38.00 08/17/2005 38.00 08/23/2005 38.00 08/30/2005 38.00 09/08/2005 38.00 09/14/2005 38.00 09/22/2005 18.00 11/01/2005 38.00 11/08/2005 38.00 11/16/2005 38.00 11/23/2005 38.00 12/02/2005 38.00 12/06/2005 38.00 12/13/2005 38.00 12/21/2005 38.00 12/28/2005 38.00 01/04/2006 38.00 01/11/2006 38.00 01/26/2006 38.00 01/27/2006 38.00 02/03/2006 38.00 02/07/2006 38.00 02/15/2006 38.00 02/23/2006 38.00 03/02/2006 38.00 03/08/2006 38.00 03/15/2006 38.00 03/21/2006 38.00 03/28/2006 38.00 04/05/2006 38.00 04/11/2006 38.00 04/18/2006 38.00 04/25/2006 38.00 05/02/2006 38.00 05/11/2006 38.00 05/18/2006 38.00 05/23/2006 38.00 Payment Schedule Start DatePay/Mon Amount 07/25/2003 1 152.00 The followinct creditors are TO be p aid THROUGH this plan: Clm Creditor Name Cls Clm Amount Forgive Int Earn Balance Due Amo nt P id u a 000 JAMES M. EACH, ESQU 09 2,000.00 0.00 0.00 0.00 2,000.00 101 WELLS FARGO HOME NO 41 3,743.D0 0.00 0.00 617.17 3,125.83 201 DISCOVER 03 7,686.31 0.00 0.00 71686.31 0.00 202 ECAST SETTLEMENT CO 03 15,027.69 0.00 0.00 15,027.69 0.00 203 ECAST SETTLEMENT CO 03 653.94 0.00 0.00 653.94 0.00 204 B-FIRST 03 3,873.45 0.00 0.00 3,873.45 0.00 205 CAPITAL ONE BANK 03 1,165.46 0.00 0.00 1,165.46 0.00 206 MEMBER FIRST FED. C 03 8,519.23 0.00 0.00 8,519.23 0.00 999 **JOHN L PARVIN 08 0.00 0.00 0.00 0.00 0.00 Case Disbursements Clm Creditor Check Date Chck # Code Resolved Amount 000 JAMES M. BACH, ESQUIRE 09/10/2003 538166 DX 09/17/2003 258,29 000 JAMES M. BACH, ESQUIRE 10/08/2003 540448 DX 10/21/2003 145.16 000 JAMES M. BACH, ESQUIRE 11/05/2003 542828 DX 11/07/2003 145.16 000 JAMES M. BACH, ESQUIRE 12/03/2003 545255 DX 12/08/2003 72.58 000 JAMES M. BACH, ESQUIRE 01/07/2004 547830 DX 01/09/2004 254.03 000 JAMES M. BACH, ESQUIRE 02/04/2004 550149 DX 02/06/2004 145.16 000 JAMES M. BACH, ESQUIRE 03/03/2004 552676 DX 03/22/2004 145.16 000 JAMES M. BACH, ESQUIRE 04/01/2004 555374 DX 04/16/2004 145.16 000 JAMES M. BACH, ESQUIRE 05/05/2004 558154 DX 05/11/2004 181.45 000 JAMES M. BACH, ESQUIRE 06/09/2004 560926 DX 06/15/2004 181.45 http://ramapo.com/Harrisburg/p 10303755.html 6/6/2006 `Case NQ: 10303755 000 JAMES 11. BACH, ESQUIRE 07/07/2004 563333 DX 07/09/2004 000 JAMES Di. BACH, ESQUIRE 08/04/2004 565835 DX 08/06/2004 000 JAMES K. BACH, ESQUIRE 09/08/2004 568635 DX 09/14/2004 Total Paid Claim Page 3 of 3 145.16 145.16 36.08 ------------- 2,000.00 Back Clm Creditor Check Date Chck $ Code Resolved Amount 101 WELLS FARGO HOME MORTG 09/08/2004 568918 DX 09/17/2004 115.92 101 WELLS FARGO HOME MORTG 10/06/2004 571403 DX 10/18/2004 180.88 101 WELLS FARGO HOME MORTG 11/03/2004 573901 DX 11/15/2004 144.70 101 WELLS FARGO HOME MORTG 12/08/2004 576655 DX 12/16/2004 180.88 101 WELLS FARGO HOME MORTG 01/05/2005 579257 DX 01/12/2005 144.70 101 WELLS FARGO HOME MORTG 02/02/2005 581676 DX 02/10/2005 108.53 101 WELLS FARGO HOME MORTG 03/02/2005 584432 DX 03/11/2005 180.88 101 WELLS FARGO HOME MORTG 04/13/2005 587489 DX 04/22/2005 217.06 101 WELLS FARGO HOME MORTG 05/04/2005 589841 DX 05/12/2005 110.47 101 WELLS FARGO HOME MORTG 06/08/2005 592834 DX 06/20/2005 184.11 101 WELLS FARGO HOME MORTG 07/06/2005 595541 DX 07/22/2005 147.29 101 WELLS FARGO HOME MORTG 08/04/2005 598348 DX 08/22/2005 150.48 101 WELLS FARGO HOME MORTG 09/07/2005 601358 DX 09/26/2005 188.10 101 WELLS FARGO HOME MORTG 10/12/2005 604464 DX 10/21/2005 126.32 101 WELLS FARGO HOME MORTG 12/07/2005 610183 CA 04/03/2006 145.46 101 WELLS FARGO HOME MORTG 01/10/2006 613190 DX 01/18/2006 145.46 101 WELLS FARGO HOME MORTG 02/07/2006 616257 DX 02/22/2006 109.10 101 WELLS FARGO HOME MORTG 03/07/2006 619332 DX 03/17/2006 181.83 101 WELLS FARGO HOME MORTG 04/04/2006 622635 DX 04/25/2006 327.29 101 WELLS FARGO HOME MORTG 05/09/2006 626167 DI 181.83 ------------- Total Paid Claim 3,125.83 Back Last Updated: 1 June 2006 Return To-Charles J. DeHart, Chapter 13 Trustee http://ramapo.com/Harrisburg/p 10303755.html 6/6/2006 f"? ?;r ..? C., .. . , -7-° 4.. ? ;Z 'i ?i,, ? _ .. 3 AUG 1 P 2008 6 JOHN L. PARVIN VS. Plaintiff KRISTINE DUNTON, a/k/a KRISTINE PARVIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-2607 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT G AND NOW, this ?` day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of this Court dated April 21, 2008, shall continue in effect as modified by this Order. 2. Both parties shall participate in taking the Child to appointments with her psychologist, with the Mother taking the Child to all appointments scheduled during the first and third full weeks (seven days beginning on Sunday) of each month and the Father taking the Child to her appointments during the second and fourth full weeks of each month. The Mother shall take the Child to appointments during the fifth week in any applicable month. Each parent shall be responsible for all scheduling of appointments during his or her weeks of responsibility for therapy appointments. The parties shall request guidance from the Child's therapist regarding the Child's emotional needs in connection with the custodial schedule. 3. The parties agree that the Child shall begin therapy with Vicki Whitcomb, if approved for insurance coverage, or other individual selected by agreement between the parties. The Mother shall obtain a determination as soon as possible from the insurance company as to arrangements for therapy with Vicky Whitcomb and shall notify her counsel promptly. 4. During exchanges of custody, the Mother shall provide the Child's medication in a separate bag or container along with a note indicating the doses and times for administration, which the Father shall pick up directly from the Mother at her residence door. The parties shall conduct the exchange of custody and the transfer of medication in a civil and cooperative manner to promote the Child's best interests and emotional well-being. 5. The parties shall communicate by telephone concerning any issues about the Child, including, but not limited to, medical/psychological information and custodial arrangements. The parties shall cooperate in facilitating telephone communication by accepting telephone calls and returning telephone messages in a timely and civil manner. 6. Within ninety (90) days of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to address issues with regard to the custody schedule after further participation by the Child in therapy and contact between the parties and the Child's therapist. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY Edward E. Guido J. cc: Alizabeth B. Stone, Esquire - Counsel for Father d _mily L. Hoffman, Esquire - Counsel for Mother VIP ZS :I WJ 61 OnV 8002 JOHN L. PARVIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. KRISTINE DUNTON, a/k/a KRISTINE PARVIN Defendant Prior Judge: Edward E. Guido 2006-2607 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brooke D. Parvin May 30, 1996 Mother 2. A custody conciliation conference was held on August 11, 2008, with the following individuals in attendance: the Father, John L. Parvin, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Kristine Dunton, formerly Parvin, with her counsel, Emily L. Hoffman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. fiV a 00 P Date Dawn S. Sunday, Esquire Custody Conciliator f1\div\PARVIN,J0HN-affofconsent JOHN L. PARVIN, Plaintiff V. KRISTINE DUNTON, a/k/a KRISTINE PARVIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2607 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 5, 2006, and served May 11, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. 101u lob J?A, 'L 1* 11 n 11 Date Kri tine Dunton a/k/a ram." K istine Parvin, Defendant ? Q r%> 69 3 im T co fl\div\PARVIN,JOHN-waiverofnot JOHN L. PARVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2607 Civil Term • ('7 +v KRISTINE DUNTON, a/k/a KRISTINE m PARVIN, CIVIL ACTION -?TAAV6?) _--?J Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST*NTAY CD rn OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVbRCF, C E r 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. l-0 P)o 0? Date Kri tine Dunton a/k/a Kristine Parvin, Defendant JOHN L. PARVIN, Plaintiff VS. KRISTINE DUNTON/PARVIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2607 CIVIL Defendant IN DIVORCE ? 9 re- c- nr a-? + THE MASTER: Today is Monday, October 20, 2008. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, John L. Parvin, and his counsel Elizabeth B. Stone, and the Defendant, Kristine Dunton/Parvin, and her counsel Emily Long Hoffman. This action was commenced by the filing of a divorce complaint on May 5, 2006, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. With regard to the grounds for divorce, the Master has an affidavit of consent and waiver of notice of intention to request entry of divorce decree signed by the Plaintiff on March 5, 2008, and filed with the Prothonotary on March 6, 2008. The Master has received today an affidavit of consent and a waiver of notice of intention to request entry of divorce decree signed by wife. The affidavit of consent and waiver of wife will be filed with the Prothonotary by the Master's office. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. 1 . f On August 24, 2006, the Defendant, wife, filed a counterclaim raising economic issues of alimony, alimony pendente lite, attorney fees and costs and equitable distribution. The Master has been advised that after negotiations, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and sent to counsel for review for typographical errors, if any. After the typographical errors have been corrected, counsel will be requested to obtain the signatures of their clients affirming the terms of settlement as stated on the record in the agreement. However, if the parties do not sign the agreement affirming the settlement, they are still bound today, after the agreement is stated on the record, by the terms of settlement. The agreement will be forwarded to both counsel and when the agreement has been signed and returned to the Master, if both parties will sign, or otherwise, if the parties do not sign but the Master proceeds with the understanding that no signatures are 2 1 necessary, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on August 17, 1990, and separated on November 1, 2004. They are the natural parents of one minor child, who currently resides with wife. Ms. Hoffman. MS. HOFFMAN: 1. Husband shall transfer to wife $3,500.00 from his UPS savings plan. Husband will prepare all paperwork necessary to transfer said funds to wife within sixty (60) days of the date of this agreement. 2. Wife is entitled to 50% of the marital share of husband's UPS retirement plan. A coverture fraction will be used to determine the marital share which the numerator will be 14 and the denominator will be determined at the time that husband retires. The monthly benefit will be distributed 50% to husband and 50% to wife. Husband will elect the wife as survivor benefit under his plan and wife will be charged for that survivor benefit amount out of her monthly benefit. The survivor benefit shall be computed using the coverture fraction. 3. Husband will prepare all paperwork necessary to transfer said portion of pension to wife within sixty (60) days of this agreement. The parties will share equally in the cost of preparing the QDRO if it is necessary to hire an expert to prepare and assist in the preparation. 4. Each party will retain the personal property which is currently in his or her possession. 5. The parties acknowledge that there is no marital debt other than what has been previously disclosed and paid in full, and that each party will be responsible for the debt which is currently in their own name. 3 II 6. Wife withdraws her claims for alimony, alimony pendente lite and counsel fees and costs. 7. With this agreement both parties agree that all economic claims are hereby settled. 8. In the event either party breaches this agreement, the non-breaching party may seek enforcement of this agreement and seek attorney fees and costs incurred in enforcing this agreement. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. STONE: Mr. Parvin, you understand as you sit here today that you are agreeing to the terms and the agreement that are dictated before you? MR. PARVIN: Yes. MS. STONE: You understand and agree to all the terms of the agreement? MR. PARVIN: Yes. MS. STONE: Do you understand that once these terms of the agreement are dictated and written, prior to you actually receiving them, this is an agreement and it is 4 binding upon you? MR. PARVIN: Yes. MS. STONE: Do you realize that even if you don't sign the agreement, it is still binding on you? MR. PARVIN: Yes. MS. STONE: Do you realize that you can't come back any other time after today and say you don't like it? MR. PARVIN: Yes. MS. STONE: And that once you leave here, this is your agreement? MR. PARVIN: Yes. MS. STONE: And you accept that agreement? MR. PARVIN: Yes. MS. HOFFMAN: Mrs. Parvin, do you understand the terms of agreement that was just read into the record? MRS. PARVIN: Yes. MS. HOFFMAN: Do you have any questions regarding this agreement? MRS. PARVIN: No. MS. HOFFMAN: And do you understand that by agreeing to this you will be bound to the terms of this agreement? MRS. PARVIN: Yes. MS. HOFFMAN: And that you cannot change your 5 •'1 mind thereafter? MRS. PARVIN: Yes. MS. HOFFMAN: And do you agree to be bound by the terms of this agreement? MRS. PARVIN: Yes. THE MASTER: Thank you very much, counsel and the parties. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: i t B. Stone A or e for Plaintiff DATE: t d --Zs-c-A i n L. Parvin Emily Long Hoffman Attorney for Defendant Kristine Dunton/Parvin 6 ?} p d .CJ G5 5 ?1 ?'L 3 F:\DOCS\FLIDIV\Parvin.John-Motion to Revoke Appt of Mastermpd ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JOHN L. PARVIN, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2607 CIVIL KRISTINE DUNTONIPARVIN, Defendant IN DIVORCE MOTION TO REVOKE APPOINTMENT OF MASTER AND NOW, comes the Plaintiff, JOHN L. PARVIN, by and through his attorney, Elizabeth B. Stone, Esquire, and respectfully represents and moves the court to revoke the appointment of the Master. In support thereof, Plaintiff represents as follows: 1. On May 15, 2008, Plaintiff filed a Motion for Appointment of Master with regard to the above-referenced matter. 2. On May 23, 2008, an Order was entered appointment E. Robert Elicker as the Divorce Master. 3. A Master's hearing was held on October 20, 2008 at 1:30 p.m. before E. Robert Elicker, wherein the parties reached an agreement with regard to the equitable distribution of marital property and have settled this matter. 4. There is no further need for the involvement of a Master. 5. Opposing counsel has not been responsive to our request for consent. WHEREFORE, Plaintiff respectfully requests that the court revoke the Appointment of the Master in this matter. STONE LaFAVER & By Su Cou #60251 idge et, P.O. Box E 41 r ew C 7and, PA 17070 Telenho 17-774-7435 Date: (1 24 , Attorfor Plaintiff ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JOHN L. PARVIN, Plaintiff V. KRISTINE DUNTON/PARVIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2607 CIVIL IN DIVORCE CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Esquire, hereby certify that on this 12`h day of November, 2008, I served a true and correct copy of the foregoing Motion to Revoke Appointment of Master upon the person indicated below by first class U.S. mail, postage prepaid: Emily Hoffman, Esquire 105 North Front Street Harrisburg, PA 17108 STONE LaFAVER HEKLETSKI ,? rf By El' eth . Sto e/ upreZCO #60251 414 BP.O. Box E New PA 17070 Tele4-7435 Date: 1 -24 d `g ? tf Omeys for Plaintiff 0 Q ? 70 -rte co " ww ? ?1 In . • ?y, r 1 JOHN L. PARVIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 2607 CIVIL KRISTINE DUNTON/PARVIN, Defendant IN DIVORCE THE MASTER: Today is Monday, October 20, 2008. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, John L. Parvin, and his counsel Elizabeth B. Stone, and the Defendant, Kristine Dunton/Parvin, and her counsel Emily Long Hoffman. This action was commenced by the filing of a divorce complaint on May 5, 2006, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. With regard to the grounds for divorce, the Master has an affidavit of consent and waiver of notice of intention to request entry of divorce decree signed by the Plaintiff on March 5, 2008, and filed with the Prothonotary on March 6, 2008. The Master has received today an affidavit of consent and a waiver of notice of intention to request entry of divorce decree signed by wife. The affidavit of consent and waiver of wife will be filed with the Prothonotary by the Master's office. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. 1 On August 24, 2006, the Defendant, wife, filed a counterclaim raising economic issues of alimony, alimony pendente lite, attorney fees and costs and equitable distribution. The Master has been advised that after negotiations, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and sent to counsel for review for typographical errors, if any. After the typographical errors have been corrected, counsel will be requested to obtain the signatures of their clients affirming the terms of settlement as stated on the record in the agreement. However, if the parties do not sign the agreement affirming the settlement, they are still bound today, after the agreement is stated on the record, by the terms of settlement. The agreement will be forwarded to both counsel and when the agreement has been signed and returned to the Master, if both parties will sign, or otherwise, if the parties do not sign but the Master proceeds with the understanding that no signatures are 2 necessary, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on August 17, 1990, and separated on November 1, 2004. They are the natural parents of one minor child, who currently resides with wife. Ms. Hoffman. MS. HOFFMAN: 1. Husband shall transfer to wife $3,500.00 from his UPS savings plan. Husband will prepare all paperwork necessary to transfer said funds to wife within sixty (60) days of the date of this agreement. 2. Wife is entitled to 50% of the marital share of husband's UPS retirement plan. A coverture fraction will be used to determine the marital share which the numerator will be 14 and the denominator will be determined at the time that husband retires. The monthly benefit will be distributed 50% to husband and 50% to wife. Husband will elect the wife as survivor benefit under his plan and wife will be charged for that survivor benefit amount out of her monthly benefit. The survivor benefit shall be computed using the coverture fraction. 3. Husband will prepare all paperwork necessary to transfer said portion of pension to wife within sixty (60) days of this agreement. The parties will share equally in the cost of preparing the QDRO if it is necessary to hire an expert to prepare and assist in the preparation. 4. Each party will retain the personal property which is currently in his or her possession. 5. The parties acknowledge that there is no marital debt other than what has been previously disclosed and paid in full, and that each party will be responsible for the debt which is currently in their own name. 3 1 6. Wife withdraws her claims for alimony, alimony pendente lite and counsel fees and costs. 7. With this agreement both parties agree that all economic claims are hereby settled. 8. In the event either party breaches this agreement, the non-breaching party may seek enforcement of this agreement and seek attorney fees and costs incurred in enforcing this agreement. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. STONE: Mr. Parvin, you understand as you sit here today that you are agreeing to the terms and the agreement that are dictated before you? MR. PARVIN: Yes. MS. STONE: You understand and agree to all the terms of the agreement? MR. PARVIN: Yes. MS. STONE: Do you understand that once these terms of the agreement are dictated and written, prior to you actually receiving them, this is an agreement and it is 4 binding upon you? MR. PARVIN: Yes. MS. STONE: Do you realize that even if you don't sign the agreement, it is still binding on you? MR. PARVIN: Yes. MS. STONE: Do you realize that you can't come back any other time after today and say you don't like it? MR. PARVIN: Yes. MS. STONE: And that once you leave here, this is your agreement? MR. PARVIN: Yes. MS. STONE: And you accept that agreement? MR. PARVIN: Yes. MS. HOFFMAN: Mrs. Parvin, do you understand the terms of agreement that was just read into the record? MRS. PARVIN: Yes. MS. HOFFMAN: Do you have any questions regarding this agreement? MRS. PARVIN: No. MS. HOFFMAN: And do you understand that by agreeing to this you will be bound to the terms of this agreement? MRS. PARVIN: Yes. MS. HOFFMAN: And that you cannot change your 5 mind thereafter? MRS. PARVIN: Yes. MS. HOFFMAN: And do you agree to be bound by the terms of this agreement? MRS. PARVIN: Yes. THE MASTER: Thank you very much, counsel and the parties. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: i i t B. Stone A or e for Plaintiff DATE: c? L. Parvin "Emily Long Hoffman Attorney for Defendant Kristine Dunton/Parvin 6 JOHN L. PARVIN, Plaintiff VS. . KRISTINE DUNTON/PARVIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2607 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2008, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on October 20, 2008, the date set for a conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: '//Elizabeth B. Stone Attorney for Plaintiff /Emily Long Hoffman Attorney for Defendant 1...4 fS /?'1 t I BY THE COURT, 1 c t Edgar B. Bayley, P.J. N-. CV ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF JOHN L. PARVIN, V. Plaintiff KRISTINE DUNTON/PARVIN, Defendant 2 +r ?? NOV 18 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-2607 CIVIL IN DIVORCE ORDER AND NOW, this day of 2008, it is hereby Ordered that appointment of the Divorce Matter in this matter is revoked. ;y?} Ste.„- ? r.?r LLI ? N JOHN L. PARVIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2607 Civil Term KRISTINE DUNTON, a/k/a KRISTINE PARVIN, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: May 11, 2006 via United States Certified Mail postage prepaid restricted deliverv. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff by Defendant (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: No claims raised 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Elizabe Stone, s Atto nev for Pl iff ? ra ryr.? ?'r;:r ? 8j}i 3 ?+W / .r 1w ^ y JOHN L. PARVIN, V. KRISTINE DUNTON/PARVIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2607 CIVIL DIVORCE DECREE AND NOW, N16Vt."er 1? 166 , it is ordered and decreed that JOHN L. PARVIN, , plaintiff, and KRISTINE DUNTON/PARVIN, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") `1Lv,-9 - The Agreement dated KN? oil Joo ' , is hereby incorporated, but not merged into the Divorce Decree. By the Court, Attest: J. r onotary 5f,-;r Via. 0 11