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HomeMy WebLinkAbout06-5069i! JAN K. PATTERSON, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. a, • -5M$7 CIVIL TERM JOSEPH C. PATTERSON, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 JAN K. PATTERSON, Plaintiff VS. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ©6 • so b p CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 JAN K. PATTERSON, Plaintiff VS. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - '5"' 9 CIVIL TERM IN DIVORCE COMPLAINT I DIVORCE AND NOW comes the above-named Plaintiff, JAN K. PATTERSON, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is JAN K. PATTERSON, an adult individual who currently resides at 1165 Windsor Road, Mechanicsburg, Cumberland) County, Pennsylvania. 2. The Defendant is JOSEPH C. PATTERSON, an adult individual who currently resides at 545 Bridgeview Drive, Lemoyne, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 6 June 1988 in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 3 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. Sa el L. And Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 4 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: o?`f O{o OOQA L, 6?A!esa?J JAN K. ATTERSON g .-C ti ; 1 Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 JAN K. PATTERSON, Plaintiff vs. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5069 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for the Defendant, Joseph C. Patterson, in the above-captioned action. Date: /,/,2 r day ,Br9d man, Esquire A orney I. J0. No.: 07047 n'S Locu t Street, P. O. Box 11489 arrisburg, PA 17108-1489 (717) 232-6600 CERTIFICATION I hereby certify that I am this day serving a true and correct copy of the attached Praecipe For Entry Of Appearance on the following individual by First Class U.S. Mail addressed as follows: Samuel L. Andes, Esquire P. O. Box 168 Lemoyne, PA 17043-0168 Date: P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 .-. ? _ P $ r r i? . ._? '_ ,_ `hi? Y JAN K. PATTERSON, Plaintiff vs. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-5069 CIVIL TERM IN DIVORCE MOTION FOR HEARING ON REQUEST FOR ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff by her attorney, Samuel L. Andes, and moves the court to schedule a hearing and enter an order of alimony pendente lite in favor of the Plaintiff in this matter. Plaintiff's claim for alimony pendente lite was raised in a Petition for Economic Relief, filed contemporaneously with this Motion, a copy of which is attached. '?? '??L ?" u'fiajiuel L. des Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 JAN K. PATTERSON, Plaintiff vs. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-5069 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plain- tiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 9. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. uel L. A es Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 1 A 40 b X, Iso'O "GIA, JAN t. PATTERSON b n7 t-.^'I ? -o rr7 _i A$ C n U3 "[ JAN K. PATTERSON, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5069 CIVIL TERM JOSEPH C. PATTERSON, IN DIVORCE Defendant/Respondent PACSES CASE NO: 802108838 ORDER OF COURT AND NOW, this 13th day of December, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on January 9. 2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Jay R. Braderman, Esq. % Date of Order: December 13, 2006 . S day, 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 G? , C_ Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 JAN K. PATTERSON, Plaintiff vs. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 06-5069 CIVIL TERM : IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW, comes the above-named Defendant, by his attorney, Jay R. Braderman, and answers Plaintiff's Petition for Economic Relief as follows: COUNT I - EQUITABLE DISTRIBUTION 1. Admitted. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by both parties, to equitably divide marital property. COUNT II - ALIMONY 2. Denied. Plaintiff has sufficient property and income to provide for her reasonable needs and in accordance with the standard of living of the parties established during the marriage. 3. Denied for the reasons set forth in Number 2 above. 4. Admitted in part and Denied in part. Admitted that Defendant is employed and enjoys a substantial income. While he may be able, but not necessarily required to contribute to the support and maintenance of Plaintiff during the pendency of the divorce action, Defendant is not required to pay Plaintiff alimony, as this is a marriage of relatively short duration and a second marriage for Plaintiff. Plaintiff enjoys receiving substantial income from her own employment and will be able to obtain substantial investment income from marital property she is to receive as part of equitable distribution. WHEREFORE, Defendant prays this Honorable Court to enter an Order denying the award of alimony to Plaintiff. COUNT III - ALIMONY PENDENTE LITE 5. Denied. Plaintiff has more than sufficient income to support and maintain herself during the pendency of this action. 6. Admitted in part and Denied in part. Admitted that Defendant enjoys a substantial income, but he is not required to contribute to the support and maintenance of Plaintiff as she has sufficient income to support and maintain herself during the pendency of this action. WHEREFORE, Defendant prays this Honorable Court not to award Plaintiff alimony pendente lite. COUNT IV - COUNSEL FEES AND EXPENSES 7. Denied. Plaintiff has more than sufficient funds to retain counsel to represent her in this matter. 8. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to whether Plaintiff can adequately prosecute her claims without competent counsel. 2 9. Admitted in part and Denied in part. Admitted that Defendant enjoys a substantial income. Denied that he is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. Plaintiff enjoys substantial income and is well able to afford to pay her own attorney and the costs of this litigation. Income disparity is not a sufficient criteria to determine the award of counsel fees. WHEREFORE, Defendant prays this Honorable Court to refuse to order Defendant to pay Plaintiff's legal fees and expenses. Jay radIrnafi, Esquire Atforylev I. D//No. 07047 12 Locust Street P X0. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant 3 VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Defendant's Answer to Plaintiff's Petition for Economic Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: V CERTIFICATION I hereby certify that I am this day serving a true and correct copy of the attached Defendant's Answer to Plaintiff's Petition for Economic Relief on the following individual by First Class U.S. Mail addressed as follows: Samuel L. Andes, Esquire P. O. Box 168 Lemoyne, PA 17043-0168 P'7 Date: 7 WerWran, Esquire 1 D .: 07047 1 Locust Street O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 ?O,Z 11) H3 ? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Ob -50169 CIVIL State Commonwealth of Pennsylvania Q Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 01/09/07 O Terminate Order/Notice Case Number (See Addendum for case summary) RE:PATTERSON, JOSEPH C. EmployerAA/ithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) LAVERYFAHERTYYOUNG&PATTERSONPC 225 MARKET STREET SUITE HARRISBURG PA 17101-2126 182-50-6490 Employee/Obligor's Social Security Number 5246101767 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. $ 1, 600.00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ 0.00 per month in current and past-due medical support $ o . o o per month for genetic test costs $ per month in other (specify) for a total of $ 1, 6 o o . 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 369.23 per weekly pay period. $ 738.46 per biweekly pay period (every two weeks). $ 8 oo . oo per semimonthly pay period (twice a month). $ 1.6oo . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. . DO NOT SEND CASH BY MAIL. Date of Order: L/0-07 BY THE COURT: Form EN-028 Rev. 1 Service Type M OMB No.: 097"154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required, to provide a opy of this form to your m loyee. if yo r employee works in a state that is Merent from the state that issued this order, a copy must be provi?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding. You must report the Paodte/date of withholding when sending the payment. Tire paydate(date of withholding in, tire date on which amount was Withheld fron, the employee's vvages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2329399280 EMPLOYEE'S/OBLIGOR'S NAME: PATTERSON, JOSEPH C. EMPLOYEE'S CASE IDENTIFIER: 5246101767 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact _WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa:us Page 2 of 2 OMB No.: 0970.0154 Form EN-028 Rev. 1 Worker ID $2ATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PATTERSON, JOSEPH C. PACSES Case Number 802108838 Plaintiff Name JAN 'KWTERSON Docket Attachment Amount 06-5069 CIVIL$ 1,600.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaints time- Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plainti-- ff- Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum OMB No.: 097"154 Form EN-028 Rev. 1 Worker I D $ IATT C7 1 0 c? c 'T7 F Q JAN K. PATTERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5069 CIVIL TERM JOSEPH C. PATTERSON, IN DIVORCE Defendant/Respondent PACSES # 802108838 ORDER OF COURT AND NOW, this 9th day of January, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2987.83 and Respondent's monthly net income/earning capacity is $6859.14, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1600.00 per month payable as follows: $1600.00 per month for alimony pendente lite and $0.00 per month on arrears. First payment due on or before January 25, 2007. Arrears set at $1600.00 as of January 9, 2007. The effective date of the order is January 5, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Jan K. Patterson. 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 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Petitioner is to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Petitioner shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon an agreement of the parties. Petitioner is to maintain medical insurance on herself and to maintain dental and vision coverage for Respondent. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT, Edward E.-Gui o J. Mailed copies on: January 9, 2007 to: Petitioner Respondent Samuel L. Andes, Esq. Jay R. Braderman, , Esq. DRO: R.J. Shadday T PATTERSON V. PATTERSON PACSES Case Number: 802108838 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAYBE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties . I i /? 0-7. ( Dat Consented: Service Type M Judge Page 4 of 4 Fo = 18 Worker ID 21005 14 51 + / ? r No. to - 50&q C11_v 11 CUMBERLAND COUNTY DOMESTIC RELATIONS Date of Application: `h1 n_ Request for Support Record Search Name: Po-++ er 5 o n Address: (Last) \J-p5eP?_ (First) (MI) Social Security Number: _ I $? - 54)- 4e 4 9 o _ D.O.B.: 1 13, Domestic Relations Case Number if Known: Party Requesting Information: P"n n a c l G Lan of Tans Pe f- (Print Name of Firm Name) -71'7 - qae - 3331 (Telephone Number) -71-1_ qa0 - 333L (Fax Number) (Signature) A Twenty Dollar ($20.00) Fee is Due per Social Security Number Make check or money order payable to: DRS/Lien Search X INITIAL REQUEST Has no Record in Domestic Relations as of Support Arrears as of End of Month Prior to Date of Application: Monthly Total Support Obligation: $ / & o o . o o / (Date) f $ Cred" -L W o92 3o?. The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. memo 1,r-s??q &-71-7 Domestic Relations Case Number: 4k- I I o F.? 39 Signed: ?:ZI21110 7 67 (Lien Search Coordinator) (Date) BRING-DOWN REQUEST Support Arrears: $ As Of: (Date) Signed: (Lien Coordinator) qaq?z CGtr?is?e?kQ .Su,-le 191, H, ?? PA (Address) (Date) 33 * * * Lien Satisfisfaction Receipt Available Upon Request* * * CC720 d O r -C ?3 oz.-S04* PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 0 Utj 4 , 2007, is by and between: JOSEPH C. PATrERSON of Mechanicsburg, Pennsylvania, hereinafter referred to as "Husband"; and JAN K. PATTERSON of Camp Hill, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 6 June 1998 and no children were born of this marriage; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has Initiated an action in divorce filed to No. 06-5069 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by Jay R. Braderman, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. Page 1 of 9 NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and Intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. RETIREMENT ACCOUNTS. The parties acknowledge that, during their marriage, each of them contributed, or had their employers contribute to 401 (k) Plans and similar retirement accounts. The parties have agreed that the marital value of Wife's 401 (k) Plan account is approximately $26,000.00 and that the marital value of Husband's 401 (k) Plan account is approximately $73,000.00. The parties agree that each of them shalt retain the 401 (k) Plan accounts currently held in their names and each of the parties does hereby waive, relinquish, and release any claim to or interest in such accounts held by or for the benefit of the other. 2. JOINT ACCOUNT AT PENNSYLVANIA STATE BANK. At the time of separation the parties were joint owners of a money market account at Pennsylvania State Bank which had a balance at that time of approximately $200,000.00. Since their separation the parties have deposited their 2006 federal income tax refund into that account and Husband made withdrawals to pay mortgage installments and other expenses related to the former marital residence. The parties further acknowledge that wife withdrew $150,000.00 from that account and deposited it into a savings account in her name alone and that the balance in that account presently is approximately $150,760,00, The parties agree to divide and distribute the proceeds of the Pennsylvania State Bank account as follows: A. Wife shall retain the funds she withdrew from the account, with interest, in an amount of approximately $150,760.00. B. Husband shall retain the balance remaining in the joint account which Is, at this time, approximately $42,200.00. Each of the parties does hereby waive, release, and relinquish any claim to or interest in the funds to be distributed to the other in accordance with this paragraph and confirms those funds to be the sole and separate property of the other. 3. MOTOR VEHICLES. The parties acknowledge that each of them own a motor vehicle, or a equitable interest in a motor vehicle which was obtained by them during the marriage. The parties Page 2 of 9 acknowledge they are familiar with the vehicle owned or used by the other and, being so familiar, each of the parties does hereby waive, release and relinquish any and all claim to or interest in the motor vehicle currently in the possession of or being used by the other. In the event that any of the title to those vehicles are held in joint names, the parties agree that they will make, execute, acknowledge, and deliver any and all documents necessary to transfer ownership of the vehicle to the party currently using it. Further, each of the parties agrees that they shall pay all debts, expenses, and obligations arising out of their use or possession of the vehicles from and after the date of this Agreement and will further indemnify and save the other harmless from any loss, cost, or expense caused to the other party by their failure to pay such items in a proper and timely fashion. 4. PROCEEDS FROM SALE OF MARITAL RESIDENCE. The parties acknowledge that, during the marriage, they purchased an occupied a home at 1165 Windsor Road in Hampden Township, Cumberland County, Pennsylvania and that they recently sold the property. The parties further acknowledge that the net proceeds of the sale of the property, after paying the cost of sale and the mortgage or other liens against the property, were $146,527.37. The parties agree to divide and distribute the proceeds of that sale as follows: A. Wife shall receive $115,200.00 of the proceeds. B. Husband shall receive $31,327.37 of the proceeds. Each of the parties does hereby waive, release and relinquish any claim to the proceeds of the sale held by the other party after the division contemplated by this Agreement. Further, the parties agree that this distribution of the proceeds of the sale of the property shall satisfy Husband's obligation to make a cash payment to Wife of $30,000.00 which the parties agreed on 7 January 2003 and memorialized by a Note signed by Husband . Wife specifically acknowledges that the distribution of the proceeds of the sale of the residence in accordance with this paragraph satisfies in full Husband's obligation to make that payment to her. 5. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or Individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the Page 3 of 9 other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. b. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, In consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 7. WAVER OF SPOUSAL SUPPORT, ALIMONY. AND ALIMONY PENDENTE UTE. The parties acknowledge that Husband is obligated to pay Wife alimony pendente lite pursuant to an order entered in the divorce action (and to PACKS Case Number 802108838). Husband shall pay that order until the entry of a final decree in divorce, which the parties contemplate will be entered in the near future, and Husband will pay any and all arrearage due under the order on the date it is terminated within fifteen (15) days of the termination of the order. When that arrearage, if any, has been paid, all other obligations by either party to pay spousal support, alimony, or alimony pendente lite to the other shall terminate absolutely. Further, the parties acknowledge that they are aware of the income, education, Income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for In this Property Settlement Agreement, upon the Income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or Page 4 of 9 alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time In the future. 8. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other parry hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and Imposed by reason of this agreement and shall in no way affect any cause of action In absolute divorce which either party may have against the other. 9. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or'her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any Jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 10. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or Page 5 of 9 provided for in this agreement. Each of the parties hereby represents to the other that neither one of. them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement, 11, DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations, Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them, Not withstanding the above, however, if either party has concealed assets, income, or liabilities, or misrepresented any of the same, or failed to adequately and fully disclose the same, the other party shall have the right to rescind this Agreement, set the settlement which this Agreement represents aside, and litigate all economic claims in the divorce action or, at their option, litigate the appropriate adjustment to the settlement set forth in this Agreement necessary to include the assets, income, or liabilities not properly disclosed or represented. 12. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will Page 6 of 9 be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree In divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 13, BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 14. RE E. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. Page 7 of 9 15, CONFIDENTIAUTY. The parties agree to keep confidential and not disclose to any third party, the terms of this settlement, or anything regarding Wife's medical problems or health condition. 16. CHOICE OF LAW. This Agreement shall be Interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvanla. 17. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 18. NON WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. I gYA'-4/- Witness -&-' ppt?? - 4ess Page 8 of 9 COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) On this, the .9 b-6 day of , 2007, before me, the undersigned officer, personally appeared JOSEPH C. PATTERSON own to me (or satisfactorily proven) to be the person whose name Is subscribed to the within instrument, and acknowledged that said person executed some for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OF NOTARIAL SEAL LAURA L. DOBBIN, Notary Public City of Harrisburg, Dauphin County My Commission Expires May 17, 2009 COMMONWEALTH OF PENNSYLVANIA ) (SS.: COUNTY OF CUMBERLAND On this, the of day of , 2007, before me, the undersigned officer, personally appeared JAN K. PA SON known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seat. My C mission Expires: EWoM NOfAO?, OA'NO,AND OOu OIMMAMON fnlNlEi tip. 4.9poY Page 9 of 9 •S r tr isms c..w r Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant JAN K. PATTERSON, Plaintiff vs. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-5069 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 30, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: 1,2 J '7 fC. 4d,", ?. JAN PATTERSON SSN• 164-54-9234 [?3 ? 1 C?r ,_r 1 "'. ?-- °-- j -^ ,) C.:. ? ? , _,. .r..?r - ;' ? 1 3 i ,=M# Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant JAN K. PATTERSON, Plaintiff vs. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5069 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I understand 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: ?P (11tt JAN PATTERSON SSN: 164-54-9234 ?"? ?^ `??? ...? ?- . >{` s t .?- .'?. ... ?° (71 Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant JAN K. PATTERSON, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-5069 CIVIL TERM JOSEPH C. PATTERSON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 30, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsificatior Date: ?? C? `? ?i r-. :?.? ? ? ? .++ ?, ?' 1 Mss ? ;. : i ? ..? ---i . ,- .p;. . ° ? r ' Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant JAN K. PATTERSON, Plaintiff vs. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-5069 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 W OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I understand 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 ti Date: (I1 Z? 4 s . -?c7 ` ? i c ?-. T_ -r "C? - Cam, [z'? {=?' i7 ? • i r ; f1 -?7 .? ,?. _ - .. "",. .?' . • Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant JAN K. PATTERSON, Plaintiff vs. JOSEPH C. PATTERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5069 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: September 7, 2006, personal service upon Joseph C. Patterson, Acceptance of Service executed by Mr. Patterson, original of which is attached hereto. 3. Date of execution of the Affidavit required by Section 3301(c) of the Divorce Code: June 28, 2007, by Plaintiff. By Defendant: June 25, 2007. Plaintiff's Affidavit was filed with the Prothonotary contemporaneously with this Praecipe. Defendant's Affidavit was filed with the Prothonotary contemporaneously with this Praecipe. 4. There are no related claims pending. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiff's Waiver was executed on June 28, 2007. Defendant's Waiver was executed on June 25, 2007. Plaintiff's Waiver was filed with the Prothonotary contemporaneously with this Praecipe. Defendant's Waiver was filed with the Prothonotary contemporaneously with this Praecipe. Date: Respectfully submitted, I Jay adls an, Esquire A ey ID. No. 07047 Box 11489 1,26 Locust Street Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant -rl :- a x l JAN K. PATTERSON, PLAINTIFF VS. JOSEPH C. PATTERSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-5069 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, JOSEPH C. PATTERSON, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: ?? t7 C ?:?? _n ? v. ? f ? ?7 L/ t ? ?, 1 ?? rr? ? 1 ? ? ?...1 __. ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Jan K. Patterson, Plaintiff No. 06-5069 VERSUS Joseph C. Patterson, Defendant Civil Ter DECREE IN DIVORCE AND NOW, 7S J`y 2007 ) IT IS ORDERED AND DECREED THAT Jan K. Patterson AND Joseph C. Patterson ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, )DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The attached Property Settlement Agreement is incorporated but not merged into this Divorce Decree. ATTEST: PROTHONOTARY BY THE COURT: Orr ?.Lj . hif - I- La,hr - .`? iJ 1) Off. I V ? J J ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 0(,P- 5069 CAVIL State Commonwealth of Pennsylvania O Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 07/26/07 Ox Terminate Order/Notice Case Number (See Addendum for case summary) RE: PATTERSON, JOSEPH C. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) LAVERYFAHERTYYOUNG&PATTERSONPC 225 MARKET STREET SUITE HARRISBURG PA 17101-2126 182-50-6490 Employee/Obligor's Social Security Number 5246101767 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. $ 0. oo per month in current support $ 0. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. o o per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: JUL 2 7 2007 BY THE COU Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a opy of this form to your mployee. If yo r employee works in a state that is diferent from the state that issued this order, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2329399280 EMPLOYEE'S/OBLIGOR'S NAME: PATTERSON, JOSEPH C. EMPLOYEE'S CASE IDENTIFIER: 5246101767 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT J y ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PATTERSON, JOSEPH C. PACKS Case Number 802108838 Plaintiff Name JAN K. PATTERSON Docket Attachment Amount 06-5069 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 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 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 rll? ° ca n ;?.. crt JAN K. PATTERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5069 CIVIL TERM JOSEPH C. PATETRSON, IN DIVORCE Defendant PACSES Case No: 802108838 ORDER OF COURT AND NOW to wit, this 26th day of July 2007, it is hereby Ordered that pursuant to the parties' Marital Settlement Agreement and the Decree in Divorce on July 24, 2007, the Alimony Pendente Lite order is terminated, effective July 24, 2007. There is a remaining balance of $177.63 that is to be paid with the current wage attachment. BY THE COURT: Edward E. Gui , J. DRO: R.J. Shadday xc: Petitioner Respondent Jay R. Braderman, Esq. Samuel L. Andes, Esq. Form OE-001 Service Type: M Worker: 21005 A rte-- < g ?; i t t? -c PACSES CASE NO. 802108838 JAN K. PATTERSON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATION SECTION CIVIL ACTION - DIVORCE JOSEPH C. PATTERSON, DEFENDANT DOCKET NO. 06-5069 CIVIL ORDER OF COURT AND NOW, this /A day of August 2007, the Court being informed by the Domestic Relations Section that the arrears of the above captioned case have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the case be closed. This Order shall become final twenty days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT Edward E. Guido,% udge DRO: R.J. Shadday xc: plaintiff and defendant Form OE-001 Service Type M Worker ID 21005 ? ? -rt G o - ?? t ?-? ? .°: ?'y