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HomeMy WebLinkAbout02-1763F:\FILESMATAFILE\G=doc.cur\10341-com 1/tde Created: 03/20102 113753 AM Revised: 04/09/02 12:56:54 PM 10341.1 DONALD P. KIME, Plaintiff V. CATHY J. KIME, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.02- 17(a3 CIVILACTION- LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DONALD P. KIME, Plaintiff V. CATHY J. KIME, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.02- 17L-3 CIVILACTION- LAW IN DIVORCE COMPLAINT Plaintiff is Donald P. Kime, who currently resides at 6 Cedar Court West, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Cathy J. Kime, who currently resides at 38 North Orange Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 26,1973 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO By a Thomas J. Willi , Esquire Ten East High S et Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: April 9, 2002 VERIFICATION The foregoing Complaint and Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Donald P. Kime O c? m o - _.? C ?, va i C to ? p? d DONALD P. KIME, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 02 -1763 CIVIL TERM CATHY J. KIME, Defendant IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Carol J. Lindsay, Esquire, attorney for Defendant, Cathy J. Kime, in the above captioned action, hereby accept service of the Divorce Complaint in the above action on April Z?/ , 2002 on Defendant's behalf and hereby acknowledge that I am authorized to do so. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAINTIFF BY: CAROL LI DSAY, ESQUIi?E I D# 446 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 1 V n i-7 -TI -.;. i{.- . r) riECFI\/Fl- MAY 012002 NAB Alr DONALD P. KIME, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW CATHY J. KIME, NO. 02 -1763 CIVIL TERM DEFENDANT : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Now comes, by and through counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on May 26, 1973. 2. The parties separated on or about April 9, 2002. 3. Petitioner is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA ID# 44693 26 West.. ' Street Carlisle, PA 17013 (717) 243-6222 SAIDIS, SHUFF, FLOWER 8, LINDSAY VERIFICATION the undersigned, hereby verify that the statements made herein are true and correct SAIDIS SHm, FLOWER & LINDSAY ATrONN?y$•AT•IAW 26 W. High Street Carlisle, PA I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 9/.2 x/03 sO? /? Cathy Kipre CERTIFICATE OF SERVICE AND now, this day of 6?_C7 c?6 r 2003, I, Anny Pier, Secretary, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Alimony Pendente Lite this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 170113 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant Anny ecrear y Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY aTTOxNE?jAq 26 W. High Street Carlisle, PA ti n ca c:? t:7 Tz) _; r DONALD P. KIME, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2002-1763 CIVIL TERM CATHY J. KIME, IN DIVORCE Defendant/Petitioner Pacses# 027105881 ORDER OF COURT AND NOW, this 12" day of November, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R J Shadday on November 25, 2003 at 9.00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY TH E COURT, George E. Hoffer, President Judge Mail copies on Petitioner 11-12-03 to: < Respondent Carol Lindsay, Esquire Thomas Williams, Esquire Date of Order: November 12, R. J., hadday, Conference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 C c-) cc r lA m mrr? _ r? cn c.._ ,. C T71 \O ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State -Commonwealth of Pennsylvania Q Original order/Notice CO./City/Dist. of CUMBERLAND Q Amended Order/Notice Date of Order/Notice 11/25/03 Tribunal/Case Number (See Addendum for case summary) Q Terminate Order/Notice RE: KIME, DONALD P. Employer/Wrthholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) WILSON COLLEGE 1015 PHILADELPHIA AVE CHAMBERSBURG PA 17201-1279 DV, ?2eo,.4 ./ -)&? ev 209-36-5054 Employee/Obligor's Social Security Number 1633100676 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 650. 00 per month in current support $ 0. oo per month in past-due support Arrears 12 weeks or greater? Oyes Q no O. oo per month in medical support $ 0 0o per month for genetic test costs $ per month in other (specify) for a total of $ 6so.0o 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: $ lso. oo per weekly pay period. $ 3 o0 oo per biweekly pay period (every two weeks). $ 325 oo per semimonthly pay period (twice a month). $ 650 oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: NOV 2 B 20 KEVIA& Service Type M OMB No.. 097nM 54 Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifheckel you are required to prQVide aopy of this form to your mployee. If yo r employee works in di Brent r ? astatethatis om the state that issue U this o er, a copy must be provi?eU to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. YOU must state of the employee's/obligor's principal place of employment with respect to the time periods with in which you m comply with the la th of the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2313526290 EMPLOYEE'S/OBLIGOR'S NAME: KIME DONALD P. EMPLOYEE'S CASE IDENTIFIER: 1633100676 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: Sum You may eve arncce pay.Payments: f you have any questions gaboutt lump report sumn payments, from the person Payments such as or authority below. commissions, or 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania Sate 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. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. to.* 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 Sate 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: Sate, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: - *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By; If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER sT by telephone at x'17) 240-6225 or CARLISLE BOX 320 by FAX at (717) 240_6248 or LISLE PA 17013 by internet www.childsupport-state.pa.us Service Type M Page 2 of 2 Form EN-028 OMB NO.:097a0i54 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendanUObligor: KimE, DONALD P. PACKS Case Number Plaintiff Name PACSES Case Number Plaintiff Name Service Type M PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Addendum OMB No.: 097"154 Form EN-028 Worker ID $IATT C'7 r N n s CJ) C 01 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOSTIC RELATIONS 13 N. HANOVER ST, P.O. BOX 320, CARL SLE, PA. 17013 Defendant Name: DONALD P. KIME Member ID Number: 1633100676 Please note: All correspondence must include the Member ID Number. Financial Break Down of Multi ple Cases on Attachment Plaintiff Name PACSES Docket CATHY J. xIME Case Number Number Attachment Amount/Frequency 027105881 02-1763 CIVIL $ 650.00 /MONTH TOTAL ATTACHMENT AMOUNT: $ 650.00 Now, by order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $15o. o o per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, DONALD P. KIME Social Security Number 209-36-5054 , Member ID Number 1633100676 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 9, 2000 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: Nov 16 20 ec??? 69. iyt< JUDGE 'Service Type M Form EN-530 Worker ID $IATT w c? DONALD P. KIME, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - DIVORCE NO. 2002-1763 CIVIL TERM CATHY J. KIME, IN DIVORCE Defendant/Petitioner Paeses# 027105881 ORDER OF COURT AND NOW, this 25`h day of November, 2003, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,415.03 and Respondent's monthly net income/earning capacity is $3,381.39, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $650.00 per month payable monthly as follows; $650.00 for alimony pendente lite and $0.00 on arrears. First payment due on or before December 1, 2003 in the amount of $1,300.00. Arrears set at $1,300.00 as of November 25, 2003. The effective date of the order is October 6, 2003. This Order considers that husband has the costes of medical insurance coverage for wife and that the parties have divided the marital assets. 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: Cathy J. Kime. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. r ? x c?ir" ? tv DONALD P. KIME, Plaintiff V. CATHY J. KIME, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1763 CIVIL TERM IN DIVORCE PETITION FOR MODIFICATION OF ALIMONY PENDENTE LITE NOW COMES Cathy J. Kime, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. On November 25, 2003, this Honorable Court entered an Order for Alimony Pendente Lite in the amount of $650.00 per month. 2. Circumstances have changed in the interim in that Respondent's annual income has increased. WHEREFORE, Petitioner prays this Honorable Court to for an increase in alimony pendente lite. Respectfully submitted, SAIDIS, FLOWER & LINDSAY FLOWER & -UW 26 West High Street Carlisle, PA Dated: G? CalbJ,"Kkay-Es ire Supreme Court". 44693 26 West High Street Carlisle, PA 17013 717-243-6222 VERIFICATION I, Carol J. Lindsay, attorney for Petitioner, Cathy J. Kime, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol J. Lind;'a E-squire, atto ey for Petitioner Ct J. Kime FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this ?'(f day of /&4t , 2006, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Linds , E quire Supreme Co No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LENDS" 26 West High Street Carlisle, PA c a V3 `L1 C:' L7 _? fV > DONALD P. KIME, Plaintiff/Respondent VS. CATHY J. KIME, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 02-1763 CIVIL TERM IN DIVORCE PACSES # 027105881 ORDER OF COURT AND NOW, this 21st day of June, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0 and Respondent's monthly net income/earning capacity is $0, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $828.93 per month payable as follows: $828.93 for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $577.32 as of June 21, 2006. The effective date of the order is May 25, 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 bearing, 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: Cathy J. Kime. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 71% by Respondent and 29% 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 an agreement of the parties. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney DRO: R. J. Shadday BY THE COURT, Mailed copies on: Petitioner June 21, 2006 Respondent Carol J. Lindsay, Bs Thomas J. Williams, , Esq. Kevi Hess, J. a? ?, ? -?? c ?:, ? ? t? ?S? --? 1='? ?? ..- _?.` ?;. ?,, ..:, `',=n ?' r-? ?_ , .. -a x' .-< u° In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Defendant Name: DONALD P. KIME Member ID Number: 1633100676 Fax: (717) 240-6248 Please note: All correspondence must Include the Member ED Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multip le Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Attachment Amount/Freauencv CATHY J. RIME 027105881 02-1763 CIVIL $ 828.93 /MONTH TOTAL ATTACHMENT AMOUNT: $ 828.93 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $191.29 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, DONALD P. KIME Social Security Number 209-36-5054 , Member ID Number 1633100676 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 9, 2000 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JUN 2 2 2006 * X4 Kevin Hess, JUDGE DRO: R. J. Sbadday Form EN-034 Service Type M Worker ID $ IATT c-> ?' c? ??_ -;, -,, ?' .-+ y.-r, _ :7.. rti: i'`; Sy.' _ P?.7 '. J.?. ,1.'i'`. -• bra -^ G? 7 -?-i `+: .., u ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/21/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number WILSON COLLEGE 1015 PHILADELPHIA AVE PA 17201-1279 209-36-5054 Employee/Obligor's Social Security Number 1633100676 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 828. 93 per month in current support $ 0.00 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 $ 828.93 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: $ 191.29 per weekly pay period. $ 382.58 per biweekly pay period (every two weeks). $ 414.47 per semimonthly pay period (twice a month). $ 828.93 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: II IN_ .2 2 AN DRO: R.J. Shadday Service Type m 0 2 7 10 588 1 O Original Order/Notice 02-1763 CIVIL O Amended Order/Notice O Terminate Order/Notice RE: KIME, DONALD P. Employee/Obligor's Name (Last, First, M0 '- ' A /4*/u 75-- Kevin A. ss, Judge Form EN-028 OMB No, 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If&heckefi you are required, to provide agopy of this form to yourgalo your lemo r employee works in a state that is di Brent ftrom the state that issued this or er, a copy must be provi eedd pYoyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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: 2313526290 EMPLOYEE'S/OBLIGOR'S NAME: KIME. DONALD P. EMPLOYEE'S CASE IDENTIFIER: 1633100676 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I I.Submitted By: If you or your employeelobligor 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., 09ia0154 WorkerlD $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KIME, DONALD P. PACSES Case Number 027105881 Plaintiff Name CATHY J. KIME Docket Attachment Amount 02-1763 CIVIL$ 828.93 Child(rem'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 Attach merit Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. 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) ? 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 ome NO, 0970-01 54 WorkerID $ IATT 15- r. W -.c- .., Gib DONALD P. KIME vs Case No. 02-1763 CATHY J. KIME Statement of Intention to Proceed To the Court: Defendant Cathy J. Kime intends to proceed with the AovPcaptioned matter. Print Name Carol J. Lindsay, Esquirgi.gnName Date: 9/15/06 Attorney for Defe Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govem the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. C7 cr -OW I rn J DONALD P. KIME IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CATHY J. KIME Docket No. 02-1763 Defendant : MOTION FOR APPOINTMENT OF MASTER DONALD P . KIME (Plaintiff) ( wt), moves the court to appoint a master with respect to the following claims: ( 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 (s) for which the appointment of a master is requested. (2) The defendant (has) MWAMO appeared in the action (Pi (by his attorney, CAROL LINDSAY , Esquire). (3) The Staturory ground (s) for divorce (is) (are) .IRRETRIEVABLE BREAKDOWN; TWO YEAR SEPARATION (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: NONE c. The action is contested with respect to the following claims: ALIMONY PENDENTE LITE and PROPERTY DIVISION (5) The action QRXRjMm) (does not involve) complex issues of law or fact (6) The hearing is expected to take 4 HOURS (hours) (days). (7) Additional information, if any, relevant to the motion: -DEFENDANT CLAIMS TO BE DISABLED Date: October 16, 2006 Attomey for (PrLIAMS, tiff) (?5? Print Attorney Name ......... THOMAS J. W ESQUIRE ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: J. rv CD 1?;f • r 2 0 2006 nnNALD P. KIME Plaintiff Vs. CATHY J. KIME Defendant MOTION FOR APPOINTMENT OF MASTER nnNALT) P. KIME (Plaintiff) @Dr? , moves the court to appoint a master with respect to the following claims: ( Divorce Distribution of Property () Annulment ( ) Support () Alimony tjCounsel Fees' Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (I) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) MMappeared in the action Qwaan" (by his attorney, CAROL LINDSAY , Esquire). (3) The Staturory ground (s) for divorce (is) (are) IRRETRIEVABLE BREAKDOWN; TWO YEAR SEPARATION (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: NONE c. The action is contested with respect to the following claims: ALIMONY PENDENTE LITE and PROPERTY DIVISION (5) The action (iXAA) (does not involve) complex issues of law or fact (6) The hearing is expected to take 4 HOURS (hours) (days) (7) Additional information, if any, relevant to the motion: DEFENDANT CLAIMS TO BE DISABLED Date: October 16, 2006 Attorney for (PrLIAMS, tiff) (?? Print Attorney Name ......... THOMAS J. W ESQUIRE ORDER APPOINTING MASTER AND NOW, (QM4?h. 1.o , 201&_, Er k4®E7z7- CLl_Esquire is appointed master with respect to the following claims: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 02-1763 By the 4? J. el- ? DONALD P. KIME, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 02-1763 CIVIL TERM CATHY J. KIME, Defendant IN DIVORCE NOTICE TO PLEAD To: Donald P. Kime Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed Counterclaim within twenty (20) days from service hereof, or a default judgment may be entered against you. SAIDIS, FLOWER & LINDSAY Carol J.`ffn' §a , quire \ Supreme COugD No. 44693 26 West High 8fteef Carlisle, PA 17013 717-243-6222 Dated: 1I (77 100 SAIDIS, FLOWER & LINDSAY AJIURNM-AMAW 26 West High Street Carlisle, PA DONALD P. KIME, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 02-1763 CIVIL TERM CATHY J. KIME, Defendant IN DIVORCE ANSWER AND COUNTERCLAIM SAMIS, FLOWER & LENDS" 26 West High Street Carlisle, PA NOW COMES Cathy J. Kime, by and through her counsel, Saidis, Flower & Lindsay, and answers the Complaint in Divorce as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Defendant is without information sufficient to form a belief as to the averment in paragraph 7. 8. Admitted. COUNTERCLAIM Equitable Distribution 9. Paragraphs 1 through 8 are incorporated herein. 10. The parties have acquired certain property both tangible and real. 11. Defendant requests that the Court equitably divide their assets. WHEREFORE, Plaintiff prays this Honorable Court to equitably divide the parties' assets. Alimony. Counsel Fees and Costs 12. Defendant is without income to provide for her reasonable counsel fees or costs or to provide for her reasonable support. WHEREFORE, Plaintiff prays this Honorable Court to grant her reasonable alimony, counsel fees and costs. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Gnidsay ire '- Supreme Court D ?Po. 44693 26 West High S et Carlisle, PA 17013 717-243-6222 Dated: 11( I' l ( 0 b SAIDIS, FWVVER & LINDSAY 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. aw //", /P"lk- Cathy J. e Date: SAIDIS, FLOWER & LINDSAY erm ,v?uw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this 3.1 day of November, 2006, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. U60 squire - Supreme ourt No. 44693 26 West reet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ??"} ? ?? •-'S ' ?_-,. ?? y il cr _,?t -, . --r? i ?',y; ('?? .....: --?' ? __ ?' ?. r. ? . - ,, ?,; DONALD P. KIME, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 02-1763 CIVIL TERM CATHY J. KIME, Defendant : IN DIVORCE PRAECIPE WITHDRAWAL OF APPEARANCE TO: Curtis R. Long, Prothonotary Please withdraw the appearance of Martson Deardorff Williams Otto Gilroy & Faller on behalf of Plaintiff in the above-captioned matter. Date: April 1 1 , 2008 MARTSON LAW OFFICES '3 ? By: T_LV'4' Thomas J. illiams, Esquire Supreme Court No. 17512 Ten East High Street Carlisle, Pennsylvania 17013 Telephone: 717-243-3341 APPEARANCE Please enter the appearance of Wayne F. Shade, Esquire on behalf of Plaintiff in WAYNE F. SHADE, Attorney at I.aw 53 West Pomfret Street Carlisle, Pennsylvania 170 1= the above-captioned matter. Date: April iS- , 2008 Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff r° t; _ c^ v.., .;.... ; ?Vu y DONALD P. KIME, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 02-1763 CIVIL TERM CATHY J. KIME, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on April 9, 2002, and served on April 22, 2002, by acceptance of service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 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. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to I counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 -2- ..W 9. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: October 13 , 2008 Donald P. Kime WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- r- r rn e °77 _ C 3 tVi DONALD P. KIME, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-1763 CIVIL ACTION - LAW CATHY J. KIME, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed April 9, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: D d a K A"-, Cathy J. Ki DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER$ 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. SAIDIS, "WER & LINDSAY ATT01MM•Ai 1AW 26 West High Street Carlisle, PA 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: D Da d Cathy J . e C-Qi ":3 Eta" ? f'11 CT c, ? CAZ . DONALD P. KIME, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 02-1763 CIVIL TERM CATHY J. KIME, IN DIVORCE Defendant/Petitioner PACSES CASE: 027105881 ORDER OF COURT AND NOW to wit, this 2nd day of January 2009, it is hereby Ordered that the Order for Alimony Pendente Lite be terminated, effective December 31, 2008, pursuant to the parties' Marital Settlement Agreement dated October 2, 2008. The APL account is closed with a credit in the amount of $665.42. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: ?Win-A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Wayne F. Shade, Esq. Carol J. Lindsay, Esq. Form OE-001 Service Type: M Worker: 21005 f Sk• w ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 02-1763 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 01/02/09 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number WILSON COLLEGE 1015 PHILADELPHIA AVE CHAMBERSBURG PA 17201-1279 209-36-5054 Employee/Obligor's Social Security Number 1633100676 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, M0 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? ayes ® no $ 0.00 per month in current medical support $ o , oo per month in past-due medical support $ 1, ioo . oo per month in current spousal support $ o , oo per month in past-due spousal support $ o , oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 1,100 . oo 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: $ 253.85 per weekly pay period. $ 550.00 per semimonthly pay period (twice a month) $ 507.69 per biweekly pay period (every two weeks) $ 1, 100, 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Hess, DRO: R.J. Shadday Service Type M OMB No.: 0970-0194 RE:KIME, DONALD P. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to provide a opy of this form to your mployee. If your employee ?yorks in a state tha is different from the state that issued this o er, a copy must be provided to your employee even if the box is not checVed 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2313526290 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: KIME, DONALD P. EMPLOYEE'S CASE IDENTIFIER: 1633100676 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeetobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 09700154 Form EN-028 Rev. 4 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KIME, DONALD P. PACSES Case Number 027105881 Plaintiff Name CATHY J. KIME Docket Attachment Amount 02-1763 CIVIL$ 1,100.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT °:; ?.J ?v? T}' 1 ?.?- ? ,`? ?? ?? ??'. ?t ? ?? r{ ...? ?:? ?. ... In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: DONALD P. KIME Member ID Number: 1633100676 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name CATHY J. RIME PACSES Docket Case Number Number 027105881 02-1763 CIVIL Attachment AmountlFreauenc $ 1,100.00 MONTH / / TOTAL ATTACHMENT AMOUNT: $ 1,100.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 253.15 per week, or 5o . o %, of the Unemployment Compensation benefits otherwise payable to the Defendant, DONALD P. KIME Social Security Number XXX-XX-5054 , Member ID Number 1633100676 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(8). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 9, 2 0 0 0 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JAN 0 5 2009 DRD: R.J. SHADDAY ??- ov XZ KEVI A. HESS, JUDGE Form EN-034 Rev.2 Service Type M Worker ID $ IATT t", r ? i4 `) ? ?r ?'? i _ "'?,,?, ° i ??7 '?a t ? ,..-_ i 1 i ? ? . , ' „_, ?? ? .. ,? "?*+. rr vJ ,??? _ ?Wrl ?t ? y "4i DONALD P. KIME, Plaintiff VS. CATHY J. KIME, - Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1763 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2009, the economic claims raised in the proc edings having been resolved in accordance with a marital settlement agreement dated October 2, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. B E COURT, cc: -//Wayne F. Shade Attorney for Plaintiff c/ Carol J. Lindsay Attorney for Defendant cc - LL f tes .,,,,i/ laa Edgar B. Bayley, P.J. OWAIAgM-- ?IN? w r5 J I l 6- DONALD P. KIME, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-1763 CIVIL ACTION - LAW CATHY J. KIME, : Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of OC4 1- , 2008, between CATHY J. KIME of 38 North Orange Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and DONALD P. KIME of 2218 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: RA: The parties hereto are husband and wife, having been joined in marriage on May 26, 1973 in Carlisle, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland, Commonwealth of Pennsylvania, to Number 02-1763, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 s (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to cant' out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. On the same day that they execute this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice Forms, necessary to finalize said divorce. Husband will transmit the record promptly after, and not before, January 1, 2009. If either party fails or refuses to execute and file the foregoing documents as set out, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 6 Cedar Crest West, Carlisle, Pennsylvania. The marital home has been sold and the parties equally divided the proceeds of sale. Each party hereto waives any claim he may have against the proceeds of sale received by the other. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there were no other outstanding marital debts and obligations owed by either of them at the time of their separation in July 2001. 2 B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on July 1, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. At the time of their separation, each retained a vehicle which was not encumbered by a lien. Wife retained the 2000 Toyota RAV-4 and Husband retained a 2000 Toyota Celica. With regard to any obligation related to said vehicles, each party indemnifies and holds the other harmless with regard to any obligation related to the vehicle he or she retained. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, 3 insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. The parties equally divided their Cornerstone Federal Credit Union accounts at the time of their separation. Husband retained his Putnam IRA and Wife retained her Putnam IRA. The parties equally divided a Putnam joint investment account. Wife retained 38 shares of Alltel stock and 250 shares of Sprint stock and her Sprint pension. (8) ALIMONY: Husband shall pay to Wife alimony in the sum of $1,100.00 per month commencing the first day of January, 2009 and continuing in equal amounts on the same day of each subsequent month until the occurrence of one of the following: 1. The death of WIFE. 2. The death of HUSBAND. 3. The remarriage of WIFE. 4. Cohabitation of WIFE with a member of the opposite sex not within the degrees of consanguinity for a period of six months, whether consecutive or nonconsecutive. 5. Wife's attaining 65 years of age. Alimony is not modifiable. The parties acknowledge that they know one another's Social Security Number. Alimony payments shall be deductible from Husband's gross income for the purpose of filing federal income tax returns and includible in Wife's gross income for the same purpose. The alimony payment set out herein shall be payable to the Office of Domestic Relations of Cumberland County or the Office of Domestic Relations of a county having jurisdiction over HUSBAND. Enforcement shall be by attachment of Husband's wages. In the event that an overpayment in the amount of alimony is made, WIFE will refund said overpayment to 4 HUSBAND within ten days of receipt and notice of its payment in error. In the event that Husband's wages are not attached for the alimony set out herein, he will make a payment to her through the Pennsylvania State Collection and Disbursement Unit by the tenth day of the month. Pending the entry of the decree in divorce, spousal support shall continue as ordered by the Court and Husband shall continue to provide health insurance for Wife as ordered. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been noted of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Wayne Shade, Esquire and Wife is represented by Carol J. Lindsay, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or 5 assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is 6 i further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. Ail widow or widower's rights; E. All right, title, interest or claim in or to the others estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any 7 other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 8 (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON- PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Co- r; Donald P. IGme Cathy J. Kkhe- 9 DONALD P. KIME, Plaintiff V. CATHY J. KIME, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1763 CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of , 2008, between CATHY J. KIME of 38 North Orange Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and DONALD P. KIME of 2218 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on May 26, 1973 in Carlisle, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland, Commonwealth of Pennsylvania, to Number 02-1763, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. On the same day that they execute this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice Forms, necessary to finalize said divorce. Husband will transmit the record promptly after, and not before, January 1, 2009. If either party fails or refuses to execute and file the foregoing documents as set out, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 6 Cedar Crest West, Carlisle, Pennsylvania. The marital home has been sold and the parties equally divided the proceeds of sale. Each party hereto waives any claim he may have against the proceeds of sale received by the other. (4) DEBT: A Marital Debt: Husband and Wife acknowledge and agree that there were no other outstanding marital debts and obligations owed by either of them at the time of their separation in July 2001. 2 B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on July 1, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. At the time of their separation, each retained a vehicle which was not encumbered by a lien. Wife retained the 2000 Toyota RAV-4 and Husband retained a 2000 Toyota Celica. With regard to any obligation related to said vehicles, each party indemnifies and holds the other harmless with regard to any obligation related to the vehicle he or she retained. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, 3 insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. The parties equally divided their Cornerstone Federal Credit Union accounts at the time of their separation. Husband retained his Putnam IRA and Wife retained her Putnam IRA. The parties equally divided a Putnam joint investment account. Wife retained 38 shares of Alltel stock and 250 shares of Sprint stock and her Sprint pension. (8) ALIMONY: Husband shall pay to Wife alimony in the sum of $1,100.00 per month commencing the first day of January, 2009 and continuing in equal amounts on the same day of each subsequent month until the occurrence of one of the following: 1. The death of WIFE. 2. The death of HUSBAND. 3. The remarriage of WIFE. 4. Cohabitation of WIFE with a member of the opposite sex not within the degrees of consanguinity for a period of six months, whether consecutive or nonconsecutive. 5. Wife's attaining 65 years of age. Alimony is not modifiable. The parties acknowledge that they know one another's Social Security Number. Alimony payments shall be deductible from Husband's gross income for the purpose of filing federal income tax returns and includible in Wife's gross income for the same purpose. The alimony payment set out herein shall be payable to the Office of Domestic Relations of Cumberland County or the Office of Domestic Relations of a county having jurisdiction over HUSBAND. Enforcement shall be by attachment of Husband's wages. In the event that an overpayment in the amount of alimony is made, WIFE will refund said overpayment to 4 HUSBAND within ten days of receipt and notice of its payment in error. In the event that Husband's wages are not attached for the alimony set out herein, he will make a payment to her through the Pennsylvania State Collection and Disbursement Unit by the tenth day of the month. Pending the entry of the decree in divorce, spousal support shall continue as ordered by the Court and Husband shall continue to provide health insurance for Wife as ordered. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Wayne Shade, Esquire and Wife is represented by Carol J. Lindsay, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or 5 assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The. parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is 6 further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widowers rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any 7 other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 8 (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: 0, "0' f `" Donald P. IQme Cathy J. e 9 DONALD P. KIME, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 02-1763 CIVIL TERM CATHY J. KIME, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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. 2. The date and manner of service of the Complaint were April 22, 2002, by Acceptance of Service. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under §3301(c) of the Divorce Code by Plaintiff was October 13, 2008, and by Defendant was October 2, 2008. 4. Related claims pending: None. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Date: January 2, 2009 "a ., C Wayne F. hade Attorney for Plaintiff ? j c CtJ A-. N Z Cl c T : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD P. KIME V. CATHY J. KIME DIVORCE DECREE AND NOW, it is ordered and decreed that DONALD P. KIME plaintiff, and CATHY J. KIME , 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.") All other claims have been resolved in a Marital Settlement Agreement dated c o er , a copy o which is a ace an incorporated, u no merged, herein by reference as though fully set forth. By the Court, WAZ J. Prothonotary NO. 02-1763 e7e t no Ate(` i' v1 ? ' =tiff RL