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Home My WebLink About02-2441STACIE L. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION -LAW CHARLES T. RUSSELL, :NO. Oa - Defendant : IN DIVORCE l NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 STACIE L. RUSSELL, V. CHARLES T. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW NO. Oa- o2Hy? Defendant : IN DIVORCE COMPLAINT C2', u AND NOW, comes the above-named Plaintiff, STACIE L. RUSSELL, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, CHARLES T. RUSSELL, upon the grounds hereinafter set forth. COUNTI DIVORCE 1. Plaintiff is STACIE L. RUSSELL, an adult individual, who currently resides at 4196 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is CHARLES T. RUSSELL, an adult individual, who currently resides at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 5, 1984, in Boiling Springs, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are: a. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome; or b. That the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. 2 COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(x) OF THE DIVORCE CODE 11. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 12. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage, in which they individually or jointly have a legal or equitable interest, which marital property is subject to equitable distribution. 13. Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to Section 3502 of the Divorce Code. COUNT III REQUEST FOR ALIMONY PENDENTE LITE COUNSEL FEES COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 15. Plaintiff is without sufficient assets and income to support herself and pay her attorney's fees and the costs and expenses of this action. 16. Defendant has sufficient earning capacity to support the Plaintiff and to pay the Plaintiffs attorney's fees and the costs and expenses of this action. 17. Plaintiff requests the Court to order the Defendant to support the Plaintiff during the pendency of this action and to pay Plaintiffs counsel fees, expenses and the costs of this action, pursuant to Section 3702 of the Divorce Code. COUNT IV REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 18. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Plaintiff is unable to sufficiently support herself through appropriate employment. 21. Defendant has sufficient property, assets, and income to provide continuing support for the Plaintiff. 22. Plaintiff requests the Court to order the Defendant to pay alimony to Plaintiff pursuant to Section 3701 of the Divorce Code. 4 COUNT V COMPLAINT FOR CUSTODY 23. Paragraphs 1 through 2 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 24. The Plaintiff is seeking shared legal and partial physical custody of the following children: Name Residence Age Christopher Steven Russell Quinn Patrick Russell 301 Harmony Lane 17 years Camp Hill, PA 301 Harmony Lane 12 years Camp Hill, PA The children were born of the marriage between Plaintiff and Defendant. The children are presently in the custody of Defendant, CHARLES T. RUSSELL, who currently resides at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania. For the last five (5) years, the children have resided with the following persons and at the following addresses: (a) From 1/02 through the present 301 Harmony Lane Camp Hill, PA 17011 With Defendant (b) From 1/31/01 through 12/01 301 Harmony Lane Camp Hill, PA 17011 With Plaintiff and Defendant (b) From 3/90 through 1/31/01 303 Lamp Post Lane Camp Hill, PA 17011 With Plaintiff and Defendant The mother of the children is Plaintiff, STACIE L. RUSSELL, residing at 4196 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is married to Defendant, CHARLES T. RUSSELL. The father of the children is Defendant, CHARLES T. RUSSELL, residing at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania. He is married to Plaintiff, STACIE L. RUSSELL. 25. The relationship of Plaintiff, STACIE L. RUSSELL, to the children is that of natural mother. 26. The relationship of Defendant, CHARLES T. RUSSELL, to the children is that of natural father. 27. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other court. Plaintiff has no information of a custody proceeding concerning the custody of the said children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 28. The relief requested by Plaintiff is in the best interests of the children because it is important that they have the joint care and guidance of both parents and that they maintain frequent and regular contact with both parents. 29. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce as follows: (a.) dissolving the marriage between the parties; (b.) equitably distributing, dividing or assigning the marital property of the parties; (c.) ordering Defendant to pay alimony pendente lite, counsel fees, expenses and costs of this action to Plaintiff; (d.) ordering Defendant to pay alimony to Plaintiff, (e.) granting Plaintiff shared legal and partial physical custody of the minor children of the parties; and 7 (f.) granting such other further relief as the Court deems appropriate. Respectfully submitted, Z4 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint In Divorce 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. DATED: rj - l S - D Uz STACIE L. RUS L laintiff w ? 4- N h w N r D I h 1 I C O n 'D lam? xa. -a 77 -Fj a t7D STACIE L. RUSSELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. 02-2441 CIVIL ACTION LAW CHARLES T. IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 21, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, 301 Market Street, Lemoyne, PA 17043 on Tuesday, June 25, 2002 at 10:30 AM at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Ise Melissa P, Gremy Fsa Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable contact our office. accommodations available to disabled individuals having business before the court, please All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ACV ca- erS' moo- er.s ina cev STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 02-2441 IN DIVORCE ACCEPTANCE OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, attorney for the Defendant, Charles T. Russell, in the above-captioned divorce action, hereby accept service of the Complaint in Divorce filed on May 17, 2002, in the Court of Common Pleas of Cumberland County, Pennsylvania, and certify that I am authorized to do so. Date: 6 la ?D.Z MARIA P. OGN TjI, ESQUIRE Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717) 909-4060 Attorney for Defendant L _ C,r . t„ it i-? ?t ?t r 2 6 2002 STACIE L. RUSSELL, IN THE CO RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ; NO. 02-2441 CIVIL TERM V. CIVIL ACTION - LAW CHARLES T. RUSSELL, ; IN CUSTODY Defendant ORDER OF COURT AND NOW, this 30' day of July, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Stacie L. Russell and Charles T. Russell, shall Christopher Steven Russell, born have shared legal custody of the minor children, 1990. Each parent shall September 30, 1984, and Quinn Patrick Russell, born March 22, have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have primary physical custody of Quinn Patrick Russell, subject to Mother's rights of partial custody which shall be arranged as follows: A. On alternating weekends to commence July 26, 2002. Mother's custodial weekends during the summer shall be from Friday at noon until Sunday at 10:00 p.m. Mother's custodial weekends during the school year shall be from Friday at 5:00 p.m. until Sunday at 8:00 p.m. B. Two (2) evenings per week. The parents shall work together to continue the present flexible arrangement in identifying for weekday periods of custody for Mother. Mother's weekday periods of custody during summer school break shall be from 4:00 p.m. until 10:00 p.m. and during the school year shall be from 4:00 p.m. to 8:00 p.m. C. At such other times as the parties may agree. ? J ? !?'u`i Y ,??.'i?r ?.1 crw ,; ?; ?? Cur ?(?I rds.s;??,;,n?iri ? NO. 02-2441 CIVIL TERM 3. Vacation. Each party shall be entitled to two (2) weeks of summer vacation. The parties shall provide each other with written notice of their vacation schedules. In the event that the parties have chosen overlapping or conflicting vacation schedules, the party first providing written notice shall have choice of the vacation time. 4. Holidays. Holidays shall supersede the regular schedule. The following holidays will be alternated by the parties: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Schedule A and Christmas Schedule B. In even numbered years, Mother will have custody for New Year's Day, Memorial Day, Labor Day and Christmas Schedule A, and Father will have custody for Easter, Independence Day, Thanksgiving and Christmas Schedule B. With the exception of the Christmas holiday, the period of custody for these holidays shall be from 5:00 p.m. the evening before the holiday until 8:00 p.m. the day of the holiday. 5. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. 6. Mother's Day / Father's Day. Mother shall have custody for Mother's Day and Father shall have custody for Father's Day. The custodial period for these holidays shall be from 5:00 p.m. the day before the holiday until 8:00 p.m. the day of the holiday. 7. Child's Birthday. The child's birthday shall be alternated between the parties. Father shall have custody for the birthday during odd numbered years. Mother shall have custody for the birthday during even numbered years. In the event the child's birthday falls on a weekday, the period of custody shall be from 4:00 p.m. to 8:00 p.m. In the event the child's birthday falls on a weekend day, the period of custody shall be from 5:00 p.m. the night before the holiday until 8:00 p.m. on the birthday. BY THE COURT: J. Dist: Constance P. Brunt, Esquire, 1820 Linglestown Road, Harrisburg, PA 171104 y- 37, o.L Maria P. Cognetti, Esquire, 210 Grandview Avenue, Camp Hill, PA 17011 _- STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant JUL 2 6 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2441 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Christopher Steven Russell September 30, 1984 Father Quinn Patrick Russell March 22, 1990 Father 2. A Custody Conciliation Conference was held on July 24, 2002 pursuant to a Count in Mother's Divorce Complaint filed on May 17, 2002. Present for the conference were the Mother, Stacie L. Russell, and her counsel, Constance P. Brunt, Esquire; the Father, Charles T. Russell, and his counsel, Maria P. Cognetti, Esquire. 3. The parties reached an agreement in the form of an Order as attached. The parties did not include a physical custody arrangement for the oldest son because he will be eighteen (18) years old in a matter of weeks and is expected a for college out of state in less than one month. ? Z ` a e Melissa Peel Greevy, Es Dire Custody Conciliator :160876 STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 02-2441 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Petitioner, STACIE L. RUSSELL, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and files the following Petition For Alimony Pendente Lite: 1. Plaintiff/Petitioner, STACIE L. RUSSELL, is an adult individual currently residing at 4196 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, and is the Plaintiff in the above-captioned divorce action. 2. The Defendant/Respondent, CHARLES T. RUSSELL, is an adult individual residing at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania, and is the Defendant in the above-captioned divorce action. 3. On May 17, 2002, the Plaintiff/Petitioner filed a Complaint In Divorce in the above matter, in which she raised a claim for alimony uende to lite in Count III. 4. The Plaintiff/Petitioner has been employed for the last 3 years on a limited part-time basis at a local retail store, The Plum, earning $7.00 per hour. Prior to that she was a homemaker. 5. Defendant/Respondent is an owner and employee of Collective Intelligence, Inc. at 3540 North Progress Avenue, Harrisburg, Pennsylvania, from which the Plaintiff/Petitioner estimates he earns approximately $150,000 per year. 6. Plaintiff/Petitioner is unable to provide and maintain the standard of living to which she was accustomed and is need of alimony pendent- lite to support herself and to adequately protect her rights and interests in the pending divorce action. 7. Defendant/Respondent has sufficient assets and income to provide continuing support to Plaintiff/Petitioner. WHEREFORE, Plaintiff/Petitioner prays this Honorable Court to enter an Order directing Defendant/Respondent to pay alimony pendente lite to Plaintiff/Petitioner in accordance with the guidelines set forth in the Rules of Civil Procedure. Respectfully submitted, Z-AA CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff/Petitioner 2 VERIFICATION I verify that the statements made in the foregoing Plaintiff's Petition For Alimony Pendente Lite 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. DATED: 919,010 t? CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the day of , 2002,1 served a true and correct copy of the Plaintiff's Petition For Alimony Pendente Lite, by depositing same in the United States Mail, first class postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Defendant/Respondent -Z? Z9 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff/Petitioner J , STACIE L. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW CHARLES T. RUSSELL, NO. 02-2441 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Petitioner, STACIE L. RUSSELL, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and files the following Petition For Alimony Pendente Lite: 1. Plaintiff/Petitioner, STACIE L. RUSSELL, is an adult individual currently residing at 4196 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, and is the Plaintiff in the above-captioned divorce action. 2. The Defendant/Respondent, CHARLES T. RUSSELL, is an adult individual residing at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania, and is the Defendant in the above-captioned divorce action. 3. On May 17, 2002, the Plaintiff/Petitioner filed a Complaint In Divorce in the above matter, in which she raised a claim for alimony nendente lite in Count III. 4. The Plaintiff/Petitioner has been employed for the last 3 years on a limited part-time basis at a local retail store, The Plum, earning $7.00 per hour. Prior to that she was a homemaker. 5. Defendant/Respondent is an owner and employee of Collective Intelligence, Inc. at 3540 North Progress Avenue, Harrisburg, Pennsylvania, from which the Plaintiff/Petitioner estimates he earns approximately $150,000 per year. 6. Plaintiff/Petitioner is unable to provide and maintain the standard of living to which she was accustomed and is need of alimony pendente lite to support herself and to adequately protect her rights and interests in the pending divorce action. 7. Defendant/Respondent has sufficient assets and income to provide continuing support to Plaintiff/Petitioner. WHEREFORE, Plaintiff/Petitioner prays this Honorable Court to enter an Order directing Defendant/Respondent to pay alimony pendente lite to Plaintiff/Petitioner in accordance with the guidelines set forth in the Rules of Civil Procedure. Respectfully submitted, Z-Z/4 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff/Petitioner 2 VERIFICATION I verify that the statements made in the foregoing Plaintiff's Petition For Alimony Pendente Lite 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. DATED: 0410 k-I CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the day of 2002, I served a true and correct copy of the Plaintiff's Petition For Alimony Pendente Lite, by depositing same in the United States Mail, first class postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Defendant/Respondent 4z?g CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff/Petitioner N to i -0C fTiC?'a D Z N n STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2002-2441 CIVIL TERM CHARLES T. RUSSELL, IN DIVORCE Defendant/Respondent DR# 32127 Pacses# 728104921 ORDER OF COURT AND NOW, this 24th day of October, 2002, 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. Shaddav on December 2 2002 at 9. 00 A .M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11® (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 10-24-02 to: < Respondent Maria Cognetti, Esquire Constance Brunt, Esquire Date of Order: October 24, 2002 .i d ?i?,?l..?-.ter ?_.?L-.*'^,-4...:r ...... R, . Shadday, Conference Officer r 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 n a.?? I x_, C y c'_ } r _p ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 4-r %l oq -z z ( Q original order/Notice Co./City/Dist. Of CUMBERLAND ?. C O Amended Order/Notice r'? - ?? I' l! L/L Date of Order/Notice 12/02/02 ? 3oZl ?rl O Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number RE: RUSSELL, CHARLES T. COLLECTIVE INTELLIGENCE INC STE 200 3450 N PROGRESS AVE HARRISBURG PA 17110-9655 Employee/Obligor's Name (Last, First, MI) 202-46-7120 Employee/Obligor's Social Security Number 8825101052 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, 562. oo per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? ®yes Q no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 562.00 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: $ _ 360.46 per weekly pay period. $ 720.92 per biweekly pay period (every two weeks). $ 781. oo per semimonthly pay period (twice a month). $ 1.562. 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 i 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 COUR7:1 ? DECO 3 Date of Order: Ate, ' ?v t . Form EN-028 Service Type m -- NO.:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If h reecn t rW .tyouhe are tate required, to ssu th Wide is o er, aggy of this form to your mployee. If your employee orks in a state that is di eom s that i a copy must be provi?& to your employee even if tYie 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 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%bligor. 4.* m'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. 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 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. WITHHOLDER'S ID: 1134100123 EMPLOYEE'S/OBLIGOR'S NAME: RUSSELL, CHARLES T. EMPLOYEE'S CASE IDENTIFIER: 8825101052 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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. 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%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law govems 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. 10.* 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. 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: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) !40-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment: Defendant/obligor: RUSSELL, CHARLES T. PACSES Case Number 728104921 PACSES Case Number Plaintiff Name Plaintiff Name_ STACIE L. RUSSELL Docket Attachment Amount Docket Attachment Amount 02-2441 CIVIL$ 1,562.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. .................................. .. ............ ............ .......................................... ................ ............... .. ............ ...................................................... ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name! Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ._.. _ ........ ... ........... ...:........ ............ ......... ........................................................_..............,........_ . _ .. __.... _.. Service Type M Worker ID $IATT OMB No.: 0970-0154 n N 2 ? 1i =r?t v ?. 7 t:3 r W ? y t (31 STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COU-NTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2002-2441 CIVIL TERM CHARLES T. RUSSELL, IN DIVORCE Defendant/Respondent DR# 32127 Pacses# 728104921 ORDER OF COURT AND NOW, this 4`h day of December, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,003.97 and Respondent's monthly net income/earning capacity is $6,257.98, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,562.00 per month payable monthly as follows; $1,562.00 for alimony pendente lite and $0.00 on arrears. First payment due within five days from this date in the amount of $2,500.00. Arrears set at $4,686.00 as of December 2, 2002. The effective date of the order is September 26, 2002. This order considers that the Husband has the care and custody of one of the parites' two children of the marriage, pursuant to Rule 1910.16-4 (e). The remainder of the balance is to be paid in full, on or before December 31, 2002. Husband is to pay directly to Wife, 30% of any and all net bonuses. 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: Stacie L. Russell. 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. en &o '11"4'1AIASWS,d Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the fiat $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent 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 a minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy 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 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. DRO: R. I Shadday BY THE COURT, Mailed copies on Petitioner 12-4-02 to: < Respondent Constance Brunt, Esquire Maria Cognetti, Esquire Edward E. Guido J. RICHARD T. HOWENSTINE and KAREN J. HOWENSTINE, his wife, owners V. NORM ELAM, Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -QZUML 2002 -aatf / AtZ-b MECHANICS' LIEN STIPULATION AGAINST LIENS WHEREAS, owners have entered into a Residential Building Agreement dated 4DAII A9 , 2002, as the same may be amended, modified or supplemented from time to time ("Contract"), with Contractor to provide materials and perform labor necessary for the erection and construction of a 2-story single-family residential dwelling house situate upon that certain lot or piece of ground owned by Owners fronting upon North Loop Road and located in Monroe Township, Cumberland County, Pennsylvania, which is more particularly described on Exhibit "A" attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between Owners and Contractor, as part of the Contract and for the consideration therein set forth, that neither the undersigned Contractor, any subcontractor or materialman, nor any other person furnishing labor or materials to the Contractor under the contract may file a lien or claim, commonly called a mechanics' lien or mechanics' lien claim, for work done or materials furnished under the Contract or any part thereof. This Stipulation is made and intended to be filed with the Prothonotary for the County of Cumberland, Commonwealth of Pennsylvania, in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963, 49 Pa.C.S. § 1402. IN WITNESS WHEREOF, Owners and Contractor, intending to J?elegally bound, have set their hands and seals this day of HOO.,?, 2002. -'-7-" WITNESS: T. Howenstine Howens Elam Ct \L W ORK\REAL\GO42702A. W PD EXHIBIT "A" ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, and more particularly identified as follows: LOT NO. 29 on the Final Subdivision Plan for LISBURN MEADOWS ESTATES - NORTH, PHASE II, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 82, Page 89 et seq., the metes and bounds description for which lot is as follows: BEGINNING at a point along the southern right-of-way line of North Loop Road (50 feet dedicated right-of-way) on the dividing line of Lot No. 27 and Lot No. 29 of the aforementioned Plan; thence along said North Loop Road North 40 degrees 44 minutes 03 seconds East a distance of 262.00 feet to a point at the dividing line between Lot No. 29 and Lot No. 30 of said Plan; thence along said dividing line South 49 degrees 15 minutes 57 seconds East a distance of 350.00 feet to a point; thence South 40 degrees 44 minutes 03 seconds West a distance of 262.00 feet to a point on the dividing line between Lot No. 27 and Lot No. 29 of said Plan; thence along said dividing line North 49 degrees 15 minutes 57 seconds West a distance of 350.00 feet to a point on the southern right-of-way line of North Loop Road, the point and place of BEGINNING. 91,700 square feet. BEING the same premises which Kronenberg and Group, a partnership consisting of William M. Kronenberg, Donald A. Group, Donald A. Group, Jr., and Tony D. Group, by deed dated April 12, 2002, and recorded April 18, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book, Page ? granted and conveyed unto Richard T. Howenstine and Karen J. Howenstine, husband and wife. C: \L W ORK\REAL\G042702A. W PD W v; O k v f. n ' .-' N (l U f 7 N STACIE L. RUSSELL, PLAINTIFF V. CHARLES T. RUSSELL, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE NO. 2002-2441 CIVIL TERM IN DIVORCE : DR# 32127 : PACSES# 728104921 APPEAL OF COURT ORDER DATE OF ORDER: December 4, 2002. AMOUNT OF ORDER: $1,562.00 per month as alimony pendente lite, effective September 26, 2002. DATE OF APPEAL: December 12, 2002 REASONS FOR APPEAL: 1. The conference officer erred in failing to include as part of Defendant's income an average of his distributive share of the net income of the corporation in which he is an owner for the last 3 years, as reflected on the K-1 forms issued to him by the corporation. 2. Defendant's net income was improperly calculated by failing to use the appropriate number of exemptions for Defendant and by assuming a standard deduction instead of the much greater itemized deductions reflected on his tax return. 3. The arrears through December 2, 2002, were improperly calculated by offsetting the Plaintiff's child support obligation against the amount of the alimony pendente lite awarded to her for the entire period from the September 26, 2002, effective date of the alimony ep nde'nte lite Order, instead of offsetting the child support obligation only from the date of the Defendant's filing of his Complaint for child support on November 26, 2002. 4. The incorrect amount was used for calculation of the allocation of the cost of medical insurance for the family. The amount paid by the corporation for medical insurance was not included as income to Defendant in calculating his income. 5. The conference officer erred in not requiring Defendant to pay the appropriate pro rata portion of Plaintiff's unreimbursed medical expenses. 6. The Defendant should have been required to pay Plaintiff a portion of the gross amount of any bonuses received equal to the percentage of his gross monthly income that the basic alimony en nderite lite obligation represents, rather than the net amount of such bonuses. NAME OF PARTY REQUESTING APPEAL: Stacie L. Russell. SIGNATURE OF ATTORNEY: CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff -2- CERTIFICATE OF SERVICE I, CnONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the 1-73, day of X111 Q-r? , 2002, I served a true and correct copy of the Plaintiff's Appeal of Court Order, by depositing same in the United States Mail, first class postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire; MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Defendant CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff -3- n c-D n ?\ tV -T1 O i ?1 e ? .J ot- `?-_ I"C1 13 STACIE L. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : CIVIL ACTION - DIVORCE V. : NO. 2002-2441 CIVIL TERM CHARLES T. RUSSELL, : IN DIVORCE DEFENDANT : DR# 32127 : PACSES# 728104:921 APPEAL OF COURT ORDER DATE OF ORDER: December 4, 2002. AMOUNT OF ORDER: $1,562.00 per month as alimony pendente lite, effective September 26, 2002. DATE OF APPEAL: December 12, 2002 REASONS FOR APPEAL: The conference officer erred in failing to include as part of Defendant's income an average of his distributive share of the net income of the corporation. in which he is an owner for the last: 3 years, as reflected on the K-1 forms issued to him by the corporation. 2. Defendant's net income was improperly calculated by failing to use the appropriate number of exemptions for Defendant and by assuming a standard deduction instead of the much greater itemized deductions reflected on his tax return. 3. The arrears through December 2, 2002, were improperly calculated by offsetting the Plaintiff's child support obligation against the amount of the alimony pendente lite awarded to her for the entire period from the September 26, 2002, effective date of the alimony pendente lite Order, instead of offsetting the child support obligation only from the date of the Defendant's filing of his Complaint for child support on November 26, 2002. 4. The incorrect amount was used for calculation of the allocation of the cost of medical insurance for the family. The amount paid by the corporation for medical insurance was not included as income -to Defendant in calculating his 00 tr VIM/AlASNtGd minoo ; ` Ind 0 ::III LZ331M income. The conference officer erred in not requiring Defendant to pay the appropriate pro rata portion of Plaintiff s unreimbursed medical expenses. 6. The Defendant should have been required to pay Plaintiff a portion of the gross amount of any bonuses received equal to the percentage of his gross monthly income that the basic alimony ep ndente lite obligation represents, rather than the net amount of such bonuses. NAME OF PARTY REQUESTING APPEAL: Stacie L. Russell. SIGNATURE OF ATTORNEY: -??2 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID a# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff -2- _.P CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the /1fA-, day of , 2002, I served a true and correct copy of the Plaintiff's Appeal of Court Order, by depositing same in the United States Mail, first class postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Defendant zZZ41117 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 171.10-3339 (717) 232-7200 Attorney for Plaintiff -3- A. - ^N- a I O -71 l ? r .erg Fri In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION STACIE L. RUSSELL ) Docket Number 02-2441 CIVIL Plaintiff ) VS. ) PACSES Case Number 728104921 CHARLES T. RUSSELL ) Defendant ) Other State ID Number ORDER OF COURT You, CHARLES T. RUSSELL 301 HARMONY LN, CAMP HILL, PA. 17011-1350-01 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MARCH 19, 2003 at 10 : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 21204 v. RUSSELL PACSES Case Number: 728104921 RUSSELL If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which parry initiated the support action. BY THE COURT: Date of Order: 113,0 d 3 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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 CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013-3308-02 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21204 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION STACIE L. RUSSELL ) Docket Number 02-2441 CIVIL Plaintiff ) VS. ) PACSES Case Number 728104921 CHARLES T. RUSSELL ) Defendant ) Other State ID Number ORDER OF COURT You, STACIE L. RUSSELL plaintiff/defendant of 4196 NANTUCKET DR, MECHANICSBURG, PA. 17050-9104-96 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MARCH 19, 2003 at 10:3 0AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 21204 RUSSELL VRUSSELL PACSES Case Number: 728104921 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which parry initiated the support action. BY THE COURT: Date of Order: 0 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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 CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013-3308-02 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21204 STACIE L. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - DIVORCE V. : NO. 2002-2441 CIVIL TERM : IN DIVORCE CHARLES T. RUSSELL, : DR# 32127 Defendant : PACSES# 7281044921 CHARLES T. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOMESTIC RELATIONS SECTION V. STACIE L. RUSSELL, Defendant NO. 01059 S 2002 IN SUPPORT PACSES# 269105067 MOTION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes CONSTANCE P. BRUNT, ESQUIRE, and moves this Honorable Court as follows: 1. CONSTANCE P. BRUNT, ESQUIRE, is counsel of record in the above-captioned matters for STACIE L. RUSSELL. 2. STACIE L. RUSSELL has confirmed her termination of CONSTANCE P. BRUNT, ESQUIRE, as her counsel in the above matters and signifies her concurrence in the within Motion For Leave To Withdraw As Counsel. Her Joinder is attached hereto. 3. Maria P. Cognetti, Esquire, Counsel for Charles T. Russell, has concurred in this Motion by executing the attached Concurrence. 4. To counsel's knowledge, STACIE L. RUSSELL has not retained other counsel to represent her. 5. CONSTANCE P. BRUNT, ESQUIRE, respectfully requests leave of Court to withdraw as counsel for STACIE L. RUSSELL in the above-captioned matters. WHEREFORE, Petitioner respectfully moves this Honorable Court to enter an Order granting her leave to withdraw as counsel of record for STACIE L. RUSSELL in these matters. Respectfully submitted, 4A CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the 4441 day of , 2003, I served a true and correct: copy of the foregoing Motion For Leave To Withdraw by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Charles T. Russell Z_zz -4 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 STACIE L. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - DIVORCE V. : NO. 2002-2441 CIVIL TERM : IN DIVORCE CHARLES T. RUSSELL, : DR# 32127 Defendant : PACSES# 728104921 CHARLES T. RUSSELL, Plaintiff V. STACIE L. RUSSELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION NO. 01059 S 2002 IN SUPPORT PACSES# 269105067 JOINDER I, STACIE L. RUSSELL, hereby confirm the termination of CONSTANCE P. BRUNT, ESQUIRE, as my counsel in the above matters and hereby signify my concurrence in the attached Motion For Leave To Withdraw As Counsel filed on behalf of CONSTANCE P. BRUNT, ESQUIRE DATED: !/z 7/,a STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 2002-2441 CIVIL TERM : IN DIVORCE : DR# 32127 : PACSES# 72810,4921 CHARLES T. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOMESTIC RELATIONS SECTION V. : NO. 01059 S 2002 STACIE L. RUSSELL, : IN SUPPORT Defendant : PACSES# 269105067 CONCURRENCE OF COUNSEL I, MARIA P. COGNETTI, ESQUIRE, counsel for CHARLES T. RUSSELL, in the above-captioned matters, hereby concur in the Motion For Leave To Withdraw As Counsel to be filed on behalf of CONSTANCE P. BRUNT, ESQUIRE, counsel of record in the above matters for Stacie L. Russell. DATED: ` ja_? " MARIA P. OGNET I ESQUIRE n CD o ?? tV _) r i1 STACIE L. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - DIVORCE V. : NO. 2002-2441 CIVIL TERM : IN DIVORCE CHARLES T. RUSSELL, : DR# 32127 Defendant : PACSES# 728104921 CHARLES T. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOMESTIC RELATIONS SECTION V. : NO. 01059 S 2002 STACIE L. RUSSELL, : IN SUPPORT Defendant : PACSES# 269105067 ORDER AND NOW, this I day of lrvlol? , 2003, upon consideration of the Motion For Leave To Withdraw As Counsel filed herein, together with the Joinder executed by, STACIE L. RUSSELL and the Concurrence of counsel for Charles T. Russell, CONSTANCE P. BRUNT, ESQUIRE, is hereby granted leave to withdraw as counsel of record for STACIE L. RUSSELL, in the above-captioned matters. . LO) /,CPU. g o3 J. MW tI,ToNNI?3d 03J CO ?Ut:, STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 2002-2441 CIVIL TERM ? : IN DIVORCE : DR# 32127 : PACSES# 728104921 CHARLES T. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOMESTIC RELATIONS SECTION V. STACIE L. RUSSELL, : NO. 01059 S 2002 : IN SUPPORT Defendant : PACSES# 269105067 PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw the appearance of CONSTANCE P. BRUNT, ESQUIRE, as counsel for STACIE L. RUSSELL in the above-captioned action, pursuant to the Order of Court entered on February 11, 2003. Respectfully submitted, CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the kL4___day of 2003, I served the original of the foregoing Praecipe to Withdraw Appearance by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 STACIE L. RUSSELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE V. : NO. 2002-2441 CIVIL TERM : IN DIVORCE CHARLES T. RUSSELL, : DR# 32127 Defendant : PACSES# 728104921 CHARLES T. RUSSELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOMESTIC RELATIONS SECTION V. : NO. 01059 S 2002 STACIE L. RUSSELL, : IN SUPPORT Defendant : PACSES# 269105067 ORDER AND NOW, this.) I+h day of F-eIrl"Ka , 2003, upon consideration of the Motion For Leave To Withdraw As Counsel filed her n, together with the Joinder executed by, STACIE L. RUSSELL and the Concurrence of counsel for Charles T. Russell, CONSTANCE P. BRUNT, ESQUIRE, is hereby granted leave to withdraw as counsel of record for STACIE L. RUSSELL, in the above-captioned matters. BY THE COURT: 91 f l„m?,! F X1,;,,1 „ Cl c Mtsb\family law\Client Directory\Russell, C\pleadingsTetition for Modification of Custody.wpd February 26, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHARLES T. RUSSELL, NO. 02-2441 Defendant/Petitioner IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Defendant, Charles T. Russell, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition for Modification of Custody Order and in support thereof avers as follows: 1. Petitioner is Charles T. Russell, an adult individual who currently resides at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent is Stacie L. Russell, an adult individual who currently resides at 4196 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania Respondent and Petitioner are the natural parents of two (2) children, namely, Christopher Steven Russell, born September 30, 1984, who is currently 18 years of age, and Quinn Patrick Russell, born March 22, 1990, who is currently 12 years of age. 4. On or about July 30, 2002, this Honorable Court entered an Order with regard to the custody of the parties' minor child, Quinn Patrick Russell. Pursuant to said Order, the parties 1\Ntsblfamily law\Client Directory\Russell, C\pleadingsTetition for Modification of Custody.wpd February 26, 2003 share legal custody and Petitioner has primary physical custody of Quinn Patrick Russell. A true and correct copy of said Order is attached and marked as Exhibit "A." 5. Respondent has exhibited irrational behavior which makes it difficult for Petitioner to communicate with Respondent on issues concerning the welfare of their children. 6. Respondent is verbally abusive of Petitioner and the children which has lead the children to become very uncomfortable around Respondent. 7. Petitioner believes and therefore avers that modification of the prior Custody Order would be appropriate. 8. Petitioner believes and therefore avers that it is in the child's best interest that he be award sole legal and primary physical custody. WHEREFORE, Petitioner requests this Honorable Court award him sole legal and primary custody of the minor child, Quinn Patrick Russell, and direct a supervised visitation schedule for Petitioner pending her participation in psychological counseling. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: February ae' , 2003 By: MARIA P. COG TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Petitioner VERIFICATION I, Charles Russell, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. CHARLES RUSSELL DATE: -2/" ' jl t(() 2 6 2002 STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-2441 CIVIL TERM V. CHARLES T. RUSSELL, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 3o t?- day of July, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Stacie L. Russell and Charles T. Russell, shall have shared legal custody of the minor children, Christopher Steven Russell, born September 30, 1984, and Quinn Patrick Russell, born March 22, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have primary physical custody of Quinn Patrick Russell, subject to Mother's rights of partial custody which shall be arranged as follows: A. On alternating weekends to commence July 26, 2002. Mother's custodial weekends during the summer shall be from Friday at noon until Sunday at 10:00 p.m. Mother's custodial weekends during the school year shall be from Friday at 5:00 p.m. until Sunday at 8:00 p.m. B. Two (2) evenings per week. The parents shall work together to continue the present flexible arrangement in identifying for weekday periods of custody for Mother. Mother's weekday periods of custody during summer school break shall be from 4:00 p.m. until 10:00 p.m. and during the school year shall be from 4:00 p.m. to 8:00 p.m. C. At such other times as the parties may agree. NO. 02-2441 CIVIL TERM 3. Vacation. Each party shall be entitled to two (2) weeks-of summer vacation. The parties shall provide each other with written notice of their vacation schedules. In the event that the parties have chosen overlapping or conflicting vacation schedules, the party first providing written notice shall have choice of the vacation time. 4. Holidays. Holidays shall supersede the regular schedule. The following holidays will be alternated by the parties: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Schedule A and Christmas Schedule B. In even numbered years, Mother will have custody for New Year's Day, Memorial Day, Labor Day and Christmas Schedule A, and Father will have custody for Easter, Independence Day, Thanksgiving and Christmas Schedule B. With the exception of the Christmas holiday, the period of custody for these holidays shall be from 5:00 p.m. the evening before the holiday until 8:00 p.m. the day of the holiday. 5. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. 6. Mother's Day / Father's Day. Mother shall have custody for Mother's Day and Father shall have custody for Father's Day. The custodial period for these holidays shall be from 5:00 p.m. the day before the holiday until 8:00 p.m. the day of the holiday. 7. Child's Birthday. The child's birthday shall be alternated between the parties. Father shall have custody for the birthday during odd numbered years. Mother shall have custody for the birthday during even numbered years. In the event the child's birthday falls on a weekday, the period of custody shall be from 4:00 p.m. to 8:00 p.m. In the event the child's birthday falls on a weekend day, the period of custody shall be from 5:00 p.m. the night before the holiday until 8:00 p.m. on the birthday. BY THE COURT: J. Dist: Constance P. Brunt, Esquire, 1820 Linglestown Road, Harrisburg, PA 1.7110 Maria P. Cognetti, Esquire, 210 Grandview Avenue, Camp Hill, PA 17011 TRUE COPY FROM RECORD In T imony wheram, I hew w ito ray haind and the w al of Oid C? "t roc , Pa. Thy day c1 ? -z n Prothanata + STACIE L. RUSSELL, Plaintiff 0 gg 22O IN TF°1E?l.JRT OOLF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2441 CIVIL TERM V. CIVIL ACTION - LAW CHARLES T. RUSSELL, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Christopher Steven Russell September 30, 1984 Father Quinn Patrick Russell March 22, 1990 Father 2. A Custody Conciliation Conference was held on July 24, 2002 pursuant to a Count in Mother's Divorce Complaint filed on May 17, 2002. Present for the conference were the Mother, Stacie L. Russell, and her counsel, Constance P. Brunt, Esquire; the Father, Charles T. Russell, and his counsel, Maria P. Cognetti, Esquire. 3. The parties reached an agreement in the form of an Order as attached. The parties did not include a physical custody arrangement for the oldest son because he will be eighteen (18) years old in a matter of weeks and is expected a for college out of state in less than one month. / Z- . ? a e Melissa Peel Greevy, Esquire Custody Conciliator 160876 1\Ntsb\family law\Client Directory\Russell, C\pleadings\Petition for Modification of Custody.wpd February 26, 2003 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Modification of Custody Order, by depositing a true and exact copy thereof in the United States mail, first class, postage; prepaid, addressed as follows: Stacie L. Russell 4196 Nantucket Drive Mechanicsburg, PA 17055 MARIA P. COGNETTI & ASSOCIATES Date: February -2 , 2003 By: MARIA . COG TI & ASSOCIATES Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Petitioner p?p_ ' Jl.l /W/A V? D 8 C? C` ? c am .?'_ a-`= G.? 7., ??; ? '' <-? c.} ,? ??? _? t'+"d ,; c iZ1 t_. ??' i -{ ?5?tiy ?r \\Ntsb\family law\Client Directory\Russell, C\pleadings\Petition for Interim Exclusive Possession.wpd February 26, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CHARLES T. RUSSELL, NO. 02-2441 Civil Term Defendant/Petitioner : IN DIVORCE PETITION FOR INTERIM EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, comes Defendant, Charles T. Russell, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition for Interim Exclusive Possession of Marital Residence and in support thereof avers as follows: Petitioner is Charles T. Russell, who currently resides at 301 Harmony Drive, Camp Hill, Cumberland County, Pennsylvania (the "marital residence"). 2. Respondent is Stacie L. Russell, who currently resides at 4196 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Respondent and Petitioner were married on May 5, 1984 in Boiling Springs, Pennsylvania, and separated in February, 2002. 4. The parties are owners, as tenants by the entities, of the real estate situated at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania. \\Ntsb\family law\Client Directory\Russell, C\pleadings\Petition for Interim Exclusive Possession.wpd February 26, 2003 5. The parties are the natural parents of two (2) children, namely, Christopher Steven Russell, age 18, and Quinn Patrick Russell, age 12. 6. The children currently reside in the marital residence with Petitioner. However, Christopher is away at college during the school year. 7. The marital residence has been the home of the children since approximately 2002, and the home of Petitioner and the children since the parties' separation. 8. Respondent has engaged in a course of wrongful conduct which has created an intolerable living situation for Petitioner and the parties' children. Such conduct includes the following: (a) On or about February 3, 2003, Respondent showed up at the marital residence in a distressed state of mind. Petitioner was forced to call the police: to intervene. Petitioner asked the police to stall Respondent long enough for him to call her family and ask them to intercede. As a result of the incident, Respondent's family convinced Respondent to voluntarily admit herself to the mental health facility at Holy Spirit Hospital. (b) In the months since the parties' separation, Respondent has arrived at the marital residence unannounced on several other occasions at which time she has proceeded to verbally and mentally abuse and harass Petitioner and the parties' children. This conduct is very distressing to both Petitioner and the parties' children. 9. Petitioner believes and therefore avers, that unless Respondent seeks help, her harassing and malicious conduct will continue. \\Ntsb\family law\Client Directory\Russell, C\pleadings\Petition for Interim Exclusive Possession.wpd February 26, 2003 10. Section 3502(c) of the Divorce Code states that with regard to equitable distribution of the family home "[t]he court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." 11 Section 3323(f) of the Divorce Code states that: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 12. Petitioner believes, and therefore avers, that granting him the exclusive right to reside in the marital residence will effectuate the purpose of the Divorce Code. WHEREFORE, Petitioner requests this Honorable Court grant him interim exclusive possession of the marital residence until the conclusion of the divorce proceedings. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES t ? Date: February a , 2003 By: MARIA P. OGNE , ESQUIRE Attorney I.D. No. 2794) 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Petitioner VERIFICATION I, Charles Russell, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein. arc made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. 7 HARLES RUSSELL DATE: a2?a ?? \\Ntsb\family law\Client Directory\Russell, C\pleadings\Petition for Interim Exclusive Possession.wpd February 26, 2003 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Interim Exclusive Possession of Marital Residence, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Stacie L. Russell 4196 Nantucket Drive Mechanicsburg, PA 17055 MARIA P. COGNETTI & ASSOCIATES Date: February -- , 2003 By: MARIA P. {COGNFI & ASSOCIATES Attorney I.D. No. 279-14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17 011 Telephone No. (717) 909-4060 Attorney for Petitioner ` T3 -Tj 1 (? ZU STACIE L. RUSSELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 02-2441 CIVIL ACTION LAW CHARLES T. RUSSELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 17, 2003 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Melissa P. Greevy, Esq, v Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7 /rvu' 44/ gyp. 07. E' Z, /P" 'SIG, JV •y..lf t ? ? .'...7i ' ?a.. -.IV `'o 11Ntsblfamily IawlClient Directory\Russell, ClpleadingsTetition for Interim Exclusive Possession.wpd February 26, 2003 STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHARLES T. RUSSELL, NO. 02-2441 Civil Term Defendant/Petitioner : IN DIVORCE ORDER OF COURT AND NOW, to wit, this /0 M day of /?;A/zc-A , 2003, upon consideration of the within Petition for Interim Exclusive Possession of Marital Residence, a hearing is set for the Al- / day of 2003, at o'clock _2-'36 / M., in Courtroom # `.J , at the Cumberland County Courthouse, Carlisle, Pennsylvania, to determine whether Petitioner should be granted interim exclusive possession of the marital residence situated at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania. J. W C ?rJ N!, r w r. iii } STACIE L. RUSSELL, Plaintiff/Respondent V. CHARLES T. RUSSELL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2441 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21st day of March, 2003, at the request of Plaintiff/Respondent, a hearing on the Petition for Special Relief is continued to give her the opportunity to obtain counsel. Pending said hearing, the Defendant/Petitioner, Charles T. Russell, shall have exclusive possession of the marital home at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania. Plaintiff/Respondent, Stacie L. Russell, shall not be entitled to enter into or onto said premises without further order of court, or by agreement of counsel. We will schedule a hearing on the merits of this matter upon request of Plaintiff/Respondent or her counsel. By the Court, Edward E. Guido, J. Stacie L. Russell Plaintiff/Respondent Pro se Maria P. Cognetti, Esquire For Defendant/Petitioner srs 1 ?',? 1?.\?,?j ?? ?' 4 l t „,? :r i Lr ,, 1?) _.'}, 1?.? MAR 2 0 nni STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PA Vs. CIVIL ACTION - LAW CHARLES T. RUSSELL, NO. 02-2441 Defendant/Respondent IN CUSTODY ORDER OF COURT NOW to wit this day of 2003, upon consideration of AND the Plaintiff s Petition For Contempt of Court Against Defendant, IC9-r C. 1- q2netinns-filucsatft w dam" ?•.?-?e ?,,.,,Rr,,,,.,? Honorable Judge Dated: -.7. t > ? . ??? ?? ?? ?? ?. ,.?? 1''r?i/'!? '• '. r i'1, 'x.1'1 G??J? ??' r MAR 2 0 2003 STACIE L. RUSSELL, Plaintiff/Petitioner Vs. CHARLES T. RUSSELL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW' NO. 02-2441 IN DIVORCE ORDER OF COURT AND NOW, to wit, this O day of the Plaintiff's petition For Immediate Relief (Vacation/Dissolution) of Order of Court Allowing Withdrawal of Plaintiffs Counsel, it is ordered/directed thatlt' 14 * D A) E iR t+D. 1. Atty. stance Brunt shall continue to represent the Plaintiff i7*1? nd professional manner as if the drawal had not been granted. 2. Any pending litigation 11 be continued until Atty. B t has time to review these matters. 3. 4. Comments: Dated: By: Honorable Judge i ,. ".? ? py4?f? t ? 1.x.1 a. P" ^ rv' P i?',.?? ?. ?, ?? J ???;? ... ,, ti .???? ' ,. ? , t N G MAR 2 :i 2003 VSTACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2441 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Father, Charles T. Russell, shall have temporary sole legal custody of the child, Quinn Patrick Russell, born March 22, 1990. 2. Physical Custodv. Charles T. Russell shall have primary physical custody subject to Mother's rights of supervised visitation which, unless otherwise agreed, shall be arranged as follows: A. To commence March 19, 2003, each Monday and Wednesday evening from 5:30 p.m. until 7:30 p.m. The supervision for these visits shall be provided by Betsy Coble who shall be present throughout the visitation. B. To commence March 29, 2003, on alternating Saturdays from 9:30 to 11:30 a.m. at the Harrisburg Branch of the YWCA. The parties recognize that the time of this visitation may need to be changed based upon the availability of the YWCA staff to provide the services necessary for supervised visitation. Alternatively, in the event that a mutually agreed upon third party, such as Betsy Coble, Lisa Leen or Deb Kline Young, would be available, Mother may have weekend supervised visits on alternating weekends from Saturday morning until Sunday at 8:00 p.m., and at such other times as the parties may agree. 3. Father shall provide transportation for Quinn to facilitate Mother's supervised visitation. NO. 02-2441 CIVIL TERM 4. After following the schedule for a period of 30 days but before the 60th day following the date of this Order, either party may make a request to reconvene the Custody Conciliation Conference to review the Order. Such requests may be made by letter to the Conciliator. This Order is temporary in nature and at any time after the 60th day following the date of this Order, either party may request to return to the Custody Conciliation Conference by proper petition filed with the Court. Dist: Maria P. Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 Stacie L. Russell, 3528 September Drive, Apt. 2, Camp Hill, PA 17011 Ce?cc ° rYn 3 .lGv3 - ML y ti i STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2441 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Quinn Patrick Russell March 22, 1990 Father 2. A second Custody Conciliation Conference was held on March 17, 2003 pursuant to Father's petition for modification of Custody Order filed on February 28, 2003. This was the parties' second Conciliation Conference, the last Order having been dated July 30, 2002. Father was seeking sole legal custody, primary physical custody and supervised visitation. Attending the conference were: the Mother, Stacie L. Russell, who attended pro se; the Father, Charles T. Russell, and his counsel, Maria P. Cognetti, Esquire. 3. Mother requested that the Conciliation record include a statement that she acknowledges that Mr. Russell is a fine father to the parties' child. -JA 41103 Lie Melissa Peel Greevy, Esquire Custody Conciliator 4. The parties reached an agreement in the for n Order as attached. Date :211242 STACIE L. RUSSELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-2441 CIVIL ACTION LAW CHARLES T. RUSSELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 27, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Wednesday, April 30, 2003 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard loy the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greevy,Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL 1HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4-V -? -? k r --A " A ?, A ? ?/, E, 2- e, /7, $w -,,- /* -5r 0? Aw F-a e-l,- VNVAIXSN*2d u%ino-) JV C 1 I I { t'? ? i MAR 2 0 anni cO STACIE L. RUSSELL, Plaintiff/Petitioner Vs. CHARLES T. RUSSELL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-2441 IN CUSTODY ORDER OF COURT 2. Los7incification of current physical custody 3. Other remedies considered Comments: ? L° By: Honorable Judge AND NOW, to wit, this _14' day of M G''t'v? , 2003, upon consideration of the Plaintiff's Petition For Contempt of Court Against Defendant, r? `?VI sal 6IJ 9 . ?iJ ja?,t .. n /16 r -7& / - 4/V&/ C,, -31ag/o3 ab,j q,;ZI05 ^2?0 MAR 2 0 2003 STACIE L. RUSSELL, Plaintiff/Petitioner Vs. CHARLES T. RUSSELL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-2441 IN DIVORCE ORDER OF COURT AND NOW, to wit, this day of 2003, upon consideration of the Plaintiff s Petition For Immediate Relief (Vacation/Dissolution) of Order of Court 0 -D. Allowing Withdrawal of Plaintiffs Counsel, it is ordered/directed thatf.?' , D r= /; 1, 1. Atty. stance Brunt shall continue to represent the Plaintiff in a dil' nt and professional manner as if the drawal had not been granted. 2. Any pending litigation 1 be continued until Atty. B t has time to review these matters. 3. 4. / Comments: Dated: By: Honorable Judge R r ?. y? SJ la/ APR 2 9 2003 STACIE L. RUSSELL, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2441 CIVIL TERM CHARLES T. RUSSELL, CIVIL ACTION -LAW IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 23`d day of April, 2003, pursuant to the Plaintiff's notification that she will not be proceeding with the Petition for Contempt of Court Against Defendant presently scheduled for Custody Conciliation on April 30, 2003 at 9:00 a.m., the Custody Conciliation Conference for said date is cancelled and the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE COURT: -Y. ?. Veeissaa Peel Greevy, Esq ire Custody Conciliator cc: Stacie L. Russell, Plaintiff, pro se Maria P. Cognetti, Esq. :212512 f?= Cl "'j PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. KEITH GILLIS, VS. PLAINTIFF ALLISON GILLIS, DEFENDANT 1. State matter to be argued: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN DIVORCE NO. 02-2445 Defendant's Preliminary Objections/Motion to Transfer Venue. 2. Identify counsel who will argue case: (a) for plaintiff: Kara W. Haggerty, Esquire Address: 8 South Hanover Street Suite 204 Carlisle, PA 17013 (b) for defendant: Mark C. Walsh, Esquire Address: 240 Penn Avenue Third Floor Scranton, PA 18503 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 23, 2003. MARK C. WALSH, ESQUIRE Attorney I.D. #44274 240 Penn Avenue Third Floor Scranton, PA 18503 (570) 344-4545 Attorney for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR LISTING CASE FOR ARGUMENT has been served upon: Kara W. Haggerty, Esquire 8 South Hanover Street, Suite 204 Carlisle, PA 17013 by First Class Mail this ? day of 2003. MARK C. WALSH,?ESQUIRE Attorney I.D. 444274 240 Penn Avenue Third Floor Scranton, PA 18503 (570) 344-4545 f7 cn ? - n"i '.{T - -- ? t0 - G STACIE L. RUSSELL, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 2002-2441 CIVIL TERM CHARLES T. RUSSELL, ) Defendants ) IN DIVORCE MOTION TO COMPEL AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and files the following Motion to Compel in this matter: 1. The moving party herein is the Plaintiff, Stacie L. Russell. The responding party herein is the Defendant, Charles T. Russell. 2. On or about 28 July 2005, Plaintiff, through her counsel, served upon Defendant, through his counsel, a Request for Production of Documents and Things in an effort to obtain financial information necessary for her to prepare this case for settlement or for litigation. Attached hereto and marked as EXHIBIT A is a copy of that Request. 3. To date, the Defendant has not produced the documents requested, has not filed an Answer to Plaintiff's Request for Production, and has not raised any objections to the Request. WHEREFORE, Plaintiff moves this court to enter an order compelling the Defendant to produce the documents described in her Request for Production. gamuel L. Andes) 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 document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). i Date: 14 October 2005 5Aly UEL L. ANDES EXHIBIT A STACIE L. RUSSELL, Plaintiff vs. CHARLES T. RUSSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2441 CIVIL TERM IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Charles T. Russell c/o Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12 th Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within thirty (30) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1 . A copy of your 2004 federal income tax return, as filed, together with all W-2, 1099, and other statements or schedules confirming your income. 2. A copy of the federal income tax return, as filed, for Collective Intelligence, Inc. a uel L. des Attorney for Plaintiff Supreme Court ID 17225 525 North 12" Street Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date: 28 July 2005 Amy Y?Harkins cretary for Samuel L. Andes CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date: 14 October 2005 l YYLIA`? Amy arkins Secretary for Samuel L. Andes ?!Ov : H05 STACIE L. RUSSELL, Plaintiff vs. CHARLES T. RUSSELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2441 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this 34 day of 2005, a Rule is hereby issued upon the Defendant, to show cause, if any he has, why the relief requested in Plaintiffs Motion to Compel should not be granted. The Rule is to be served upon Defendant's counsel of record and shall be returnable Lo Distribution: days from date of service. ?muel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12`h Street, P.O. Box 168, Lemoyne, PA 17043 ,Maria P. Cognetti, Esquire (Attorney for Defendant) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 pa? BY THE COURT, "?1G;?;. AG j, i:i C33? STACIE L. RUSSELL, PLAINTIFF vs. CHARLES T. RUSSELL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2441 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on your or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 id1 OF THE DIVORCE CODE 1. The parties to this action separated in January 2001 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: I - l - ?1- STACIE L. RUSSELL C" ._.. . ?-i •.? c;. _: .. n Commonwealth of Pennsylvania County of Cumberland, ss: STACIE L. RUSSELL, PLAINTIFF ) vs. ) } CHARLES T. RUSSELL, ) DEFENDANT ) CIVIL ACTION - LAW NO. 2002-2441 CIVIL TERM IN DIVORCE Motion for Appointment of Master STACIE L. RUSSELL, Plaintiff moves the court to appoint a Master with respect to the following claims: ( ) Divorce ( X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Maria P. Cognetti, Esquire. 3. The statutory ground(s) for divorce is: 4. Check the applicable paragraph(s) ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (?c) The action is contested with respect to the following claims: P1) 5. The action does not involve complex issues of law or fact. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: Date w J Samuel L. Andes Attorney for Plaintiff AND NOW, 2006, Esquire, is appointed Master with respect to the following claims: distribution of property, alimony, alimony pendente lite, counsel fees, costs and expenses. BY THE COURT, J. C STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2441 Civil Term IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not ep-pose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. X (c) I oppose the entry of a divorce decree on a bifurcated basis but do not oppose the entry of a divorce decree once the economic issues have been settled or determined. 2. Check either (a) or (b) (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relatii to unsworn falsification to authorities. 1 Date: T. Russell NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. I l - ?} 17 ._t ? [,1 IiI _ (- ; _; «? ? ??l _ ?, C; L,ommonweann of vennsyivania County of Cumberland, ss: STACIE L. RUSSELL, PLAINTIFF ) vs. ) CHARLES T. RUSSELL, ) DEFENDANT ) CIVIL ACTION - LAW NO. 2002-2441 CIVIL TERM IN DIVORCE Motion for Appointment of Master STACIE L. RUSSELL, Plaintiff moves the court to appoint a Master with respect to the following claims: ( ) Divorce ( X) Distribution of Property ( ) Annulment ( ) Support ( X) Alimony ( X) Counsel Fees (X) Alimony Pendente Lite ( X) Costs and Expens6s? and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested;'" 2. The Defendant has appeared in the action by his attorney, Maria P. Cogneft Esquire. 3. The statutory ground(s) for divorce is: 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( fit) The action is contested with respect to the following claims: /-40- 5. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion Date Samuel L. An es `ll Attorney for Plaintiff Y) ll AND NOW, ? 1<xil t j L' l 2006,_ ? Esquire, is appointed Master with respect to the following claims: distrib6tion of property, alimony, alimony pendente lite, counsel fees, costs and expenses. BY T O T, Q _? ?.. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suits 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner STACIE L. RUSSELL, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES T. RUSSELL, Defendant/Petitioner CIVIL ACTION - LAW NO. 02-2441 Civil Term IN DIVORCE PETITION FOR COUNSEL FEES AND COSTS AND NOW, comes Defendant, Charles T. Russell, by and through her attorney, Maria P. Cognetti, Esquire, with this Petition for Counsel Fees and Costs and in support thereof, respectfully represents as follows: Petitioner is Charles T. Russell (hereinafter "Husband"), an adult individual who resides at 301 Harmony Lane, Camp Hill, Cumberland County, Pennsylvania. Respondent is Stacie L. Russell (hereinafter "Wife"), an adult individual who resides at 4196 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. On or about May 17, 2002, Wife filed a Complaint in Divorce to the above- captioned term and number which included counts for Divorce, Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Costs. By reason of the actions of Wife, Husband has been put to considerable expense in the preparation of his case in the employment of counsel and the payment of costs. WHEREFORE, Petitioner respectfully requests that this Honorable Court direct Respondent to pay his reasonable counsel fees and costs. Date: v3(l- l0,(? By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES MARIA R COTTI, ESQUIRE Attorney I.D. N 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner VERIFICATION I, Charles T. Russell, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 3 / l '7 I o tv CHARLES T. CERTIFICATE OF SERVICE 1, Maria P. Cognetti, Esquire, Attorney for Petitioner herein, do hereby certify that on this date 1 served the foregoing Petition for Counsel Fees and Costs by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 MARIA P. COGNETTI & ASSOCIATES ?j? Date: By: r? 1G MARIA P. OG TI, ESQUIRE Attorney I.D. No. 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner N 4? _a ?? W STACIE L. RUSSELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. CHARLES T. RUSSELL, Defendant NO. 02-2441 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court to modify a temporary order of court it entered in March of 2003 and to grant her reasonable periods of temporary custody with her minor child, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties are the parents of one minor child, Quinn Patrick Russell, born 22 March 1990. 3. The parties have been separated for a period of more than three years and, in March of 2003, this court entered a temporary order which granted both legal and primary physical custody of the child to the Defendant and which granted Plaintiff limited periods of visitation supervised by the Harrisburg branch of the YWCA. 4. The temporary order entered in March of 2003 was entered, in substantial part, because of Plaintiff's mental condition at the time. Since that time, Plaintiff believes she has substantially recovered from the problems she was experiencing in 2003 and is now better able to care for and have periods of temporary custody of her minor son. 5. The parties followed the terms of the temporary order for several months after it was entered but gradually increased Plaintiff's periods of temporary custody until, by early 2006, she had unsupervised periods which included alternating weekends and several periods Iof time during week days. That all changed, however, in April of 2006 when the Defendant refused to allow Plaintiff to have further contact with the child. 6. Plaintiff has now had no contact with the child for several weeks, in person or by 7. Plaintiff believes it will be in the best interest of her minor son for her to have ods of temporary custody so that she may maintain and strengthen her relationship with son. WHEREFORE, Plaintiff prays this court to modify its temporary order entered in March 2003, to award her shared legal custody of her son Quinn Patrick Russell and to grant her a ksonable schedule of temporary custody of the child. Samuel L. Andes 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 document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 5-,' Q 6 STACIE L. RUSSELL (j;)? ?? 'V yyy p ly STACIE L. RUSSELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES T. RUSSELL DEFENDANT 02-2441 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 06, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, September 01, 2006 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa A Greets Es _? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 zft-k? ?w --:;L A"w 44? of-C-,/- W-? -4 loe-I 'rG',I.. JI,, r IXIient Directory\Russell, OpleadingsTustody PleadingsUnswer to Petition for Modification.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 July 7, 2006 Attorneys for DefendanOetitioner STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHARLES T. RUSSELL, Defendant/Petitioner NO. 02-2441 IN CUSTODY ANSWER TO PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Defendant, Charles T. Russell, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Answer to Petition for Modification of Custody Order and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted and denied. It is admitted that the Temporary Order was entered due to Plaintiff's mental condition. It is denied that Plaintiff has substantially recovered from said condition. 5. Admitted with clarification. It is admitted that Defendant allowed Plaintiff's periods of custody to increase until Plaintiff ceased taking her medication. After Plaintiff ceased 1? IAClient Directory\Russell, OpleadingsTustody PleadingsWnswer to Petition for Modification.wpd July 7, 2006 taking her medication for her mental illness, it was made clear between counsel for the parties, at the time of the meeting regarding the Divorce action, that all visits would be discontinued for the foreseeable future. 6. Admitted; however, by way of further answer, as stated above, it was understood between counsel that all visits would cease between the child and Plaintiff. In addition, Defendant has not prevented Plaintiff from having telephone contact with the child, but Plaintiff has made no effort to contact the child. 7. Denied. The best interests of the child will be served by Plaintiff receiving treatment for her mental instability and becoming committed to remaining on her medication and to her own stability. Until such time as Plaintiff becomes committed to staying on her medication, the best interests of the child will be served by the Plaintiff having no contact with the child. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's requested relief. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: July 7, 2006 By: MARIA P: CO NN TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 1W IAClient Directory\Russell, OpleadingsTustody PleadingsWnswer to Petition for Modification.wpd CERTIFICATE OF SERVICE July 7, 2006 I, Maria P. Cognetti, Esquire, Attorney for Charles T. Russell, herein, do hereby certify that on this date I served the foregoing Answer to Petition to Modify Custody Order by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: July 7, 2006 By: A MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant L.J VERIFICATION I, Charles T. Russell, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: -71-7 JO(, ?? C_ ' --, t`t '. ?..., ,,_ I .r _T{ y -? _r STACIE L. RUSSELL, Plaintiff vs. CHARLES T. RUSSELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2441 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION FOR PSYCHIATRIC EXAMINATION AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for an independent psychiatric examination, based upon the following: 1. The Petitioner herein is the Plaintiff and the Respondent herein is the Defendant. 2. This action involves Plaintiff's request for a divorce, the equitable distribution of marital property, alimony and alimony pendente lite, counsel fees and expenses, and custody of the parties' children. 3. Plaintiff has previously been hospitalized and treated for psychiatric and related problems. Plaintiff believes that she has recovered from those problems and is now fully competent. 4. Defendant, in statements made recently to Plaintiff has accused Plaintiff or being mentally ill and "crazy." 5. This court has previously entered orders which restricted Plaintiff's physical custody of the parties' youngest child, Quinn Patrick Russell, born 22 March 1990, on the basis of Plaintiff's psychiatric history and claims by the Defendant that she is incompetent, unstable, and not otherwise capable of caring properly for the child. Over the past two years, however, the parties have gradually modified their custody arrangements by agreement and, until several months ago, Plaintiff enjoyed overnight periods of custody with Quinn. 6. Starting approximately three months ago, Defendant has denied Plaintiff her periods of temporary custody with the child, including overnight periods of temporary custody, claiming that Plaintiff's psychiatric condition prevents her from properly caring for the child. 7. Plaintiff's mental condition and her mental competence are a critical issue to be decided in this case, both in regard to custody of the parties' minor child Quinn and in regard to the other claims raised in the divorce action. Defendant, by his conduct, has placed Plaintiff's mental condition in question in the case. 8. Plaintiff is unemployed and does not have any income other than the alimony pendente lite paid to her by Defendant. The payments she receives are inadequate for her to meet her reasonable living expenses and engage the services of a psychiatrist to conduct an examination of her and certify to the court her mental competence at this time. There are, however, other sources of funds reasonably available to pay for such examination and those sources include: A. Defendant's annual income, which substantially exceeds $100,000.00. B. Marital assets, including funds held in financial institutions, which Plaintiff believes exceeds $50,000.00. 9. Without a psychiatric exam to evaluate and clearly establish Plaintiff's mental condition and competence, this case cannot proceed properly and Plaintiff will be seriously prejudiced. WHEREFORE, Plaintiff prays this court to decree as follows: A. Appoint an independent psychiatrist to conduct an independent examination of Plaintiff and her mental condition, particularly her competence to actively and effectively participate in this litigation and her ability to care properly for her minor child; and B. Direct the psychiatrist to issue a written report of his findings and any recommendations he makes to this court, with a copy to Plaintiff's attorney; and C. Direct the Defendant to pay the cost of such psychiatric examination or, in the alternative, direct the parties to pay the cost of such psychiatric examination from one of the marital assets; and D. Take such other action as the court deems appropriate, fair, and equitable. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 11 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. G.S. 4904 (unsworn falsification to authorities). Date: STA IE L.. L CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date: Amy M. qarkins Secretary for Samuel L. Andes ?-.s :-?., ?? . -??? ?? ._. f r Ii STACIE L. RUSSELL, Plaintiff vs. CHARLES T. RUSSELL, Defendants S E P 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2441 CIVIL TERM IN CUSTODY ORDER OF COURT d r-- AND NOW this day of 6Z6,? . 2006, upon consideration of the attached Petition for Psychiatric Examination, a Rule is hereby issued upon the Defendant to show cause, if any he has, why the relief requested therein shall not be granted. The Rule shall be served upon Defendant's counsel of record and shall be returnable 010 days from the date of service. B'? T• Distribution: amuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 .,kfa'ria P. Cognetti, Esquire (Attorney for Defendant) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 4 y l ..l.i vi ., , t. ly 9C •2 CM 130 9002 ? V?y°ilJi 4:.?.14°?:, 4J mHl JO MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHARLES T. RUSSELL, NO. 02-2441 Defendant IN CUSTODY ANSWER AND NEW MATTER TO PETITION FOR PSYCHIATRIC EXAMINATION AND NOW, comes Defendant, Charles T. Russell, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Answer and New Matter to Petition for Psychiatric Examination and in support thereof avers as follows: Admitted. 2. Admitted. Admitted and denied. It is admitted that Plaintiff has previously been hospitalized and treated for psychiatric problems. It is denied that she has recovered from her problems and is fully competent. 4. Denied. It is denied that Defendant has ever referred to Plaintiff as "crazy." Defendant has expressed his concern over Plaintiff's mental illness and her unwillingness to follow a treatment program and to remain on her prescribed medication. 5. Admitted with clarification. It is admitted that Defendant allowed Plaintiff's periods of custody to increase while she was receiving treatment and on her medication; however, Plaintiff ceased taking her medication and again became increasingly unstable. 6. Admitted. It is admitted that, after Plaintiff ceased taking her medication for her mental illness, Defendant discontinued visits when it became clear that Plaintiff was not capable of caring for the child. 7. Admitted with clarification. It is admitted that Plaintiff's mental competence is an important factor in regard to the custody of the minor child. With regard to the claims raised in the divorce action and the effect that Plaintiff's mental competence have on them, Plaintiff s position is entirely inconsistent. On the one hand, Plaintiff alleges, in the present Petition, that she is recovered from her previous mental problems and is capable of caring for her child. On the other hand, counsel for Plaintiff has stated in correspondence to the Court as recently as August 8, 2006, that Plaintiff may be incompetent to manage her affairs and to proceed with the divorce. In this respect, it is Plaintiff who has put the issue of her mental competence in question before the Court, and Plaintiff who should be responsible for obtaining an evaluation, if she so desires. 8. Admitted and denied. It is admitted that Plaintiff is unemployed. It is denied that Plaintiff is unable to meet her reasonable needs and also engage the services of a psychiatrist. Plaintiff's argument that she is unable to meet her needs due to her unemployment is simply untrue. If Plaintiff were, indeed, fully competent and capable of caring for the minor child she would also be capable of finding and holding down a job. Plaintiff receives a sizable amount of monthly support from Defendant. If she were able to work full time she would have the ability to meet her needs and also pay for her own evaluation. In reality, Plaintiff is incapable of holding a job due to her mental illness and her decision to discontinue her treatment and medication. Further, while Defendant does have an annual income of over $100,000 he does not make substantially more than $100,000, and, in fact, makes approximately $108,000. In addition, there are currently no marital funds being held in financial institutions that exceed $50,000. Plaintiff's contention that Defendant has the ability to pay for her evaluation while also paying substantial amounts of spousal support, is a simply wishful thinking. Defendant should not be forced to be responsible for the cost of Plaintiff's psychiatric evaluation when it is Plaintiffs actions that have placed her in her current situation. 9. Admitted; however, by way of further answer, any prejudice to Plaintiff is not the result of Defendant's actions. The need for a psychiatric exam is the result of Plaintiffs own actions. NEW MATTER 10. Plaintiff asserts, in the "Wherefore" clause of her Petition, and again in her proposed order, that the requested psychiatric evaluation be divulged only to counsel for Plaintiff. 11. The requests made in Plaintiffs Petition go directly to the issue of Plaintiff s ability to care for the minor child. For this reason, it is incomprehensible that Plaintiff would suggest that any evaluation done of Plaintiff be shared only with Plaintiffs counsel and not with Defendant and his counsel. 12. Further, Plaintiff s counsel has simultaneously asserted Plaintiff s mental health under the custody action while asserting her incompetence under the divorce action, yet has raised the issue of an evaluation only under the custody caption. 13. Given that the issue of Plaintiff s competence effects both the divorce and custody actions, the request for an evaluation should be placed under both the divorce and custody captions. 14. As the requested psychiatric evaluation is for the good of Plaintiff, the responsibility to pay for said evaluation should be hers. WHEREFORE, Defendant respectfully requests this Honorable Court: a. Deny Plaintiff's request that Defendant be responsible for the cost of her psychiatric evaluation. b. Deny Plaintiff's request to withhold the results of any such evaluation from Defendant. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: By: MARIA . CO TTI, ESQUIRE Attorney D. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant, herein, do hereby certify that on this date I served the foregoing Answer to Petition for Psychiatric Evaluation by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Date: / o / / X/0 4o By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES MARIA P. C(OGNg7 1, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant rya cy ?; --n ni F= '27 lti -T- 7 _ .. .-4 • STACIE L. RUSSELL, Plaintiff VS. CHARLES T. RUSSELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2441 CIVIL TERM IN DIVORCE PETITION FOR ADVANCED DISTRIBUTION OF MARITAL ASSETS AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for an advance, partial, distribution of the marital assets in this matter, all based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties in this matter separated in early 2002 and have, therefore, been separated for almost six years. This action was commenced in 2002. 3. Plaintiff is unemployed and has been substantially unemployed ever since the parties' separation. She suffers from medical conditions which limit her ability to hold full time employment. 4. Defendant is self-employed in a business which he owns with a partner and from which he derives income which, typically, exceeds $100,000.00 per year. Although Defendant is responsible to provide support for the parties' one minor child, and pays alimony pendente lite to Plaintiff in the amount of approximately $1,600.00 per month, neither of those expenses create a serious burden on Defendant's income. 5. The marital assets in the case include the following: A. A residence at 301 Harmony Lane in Camp Hill in which Plaintiff estimates the parties have equity of approximately $150,000.00. B. Defendant's 50% ownership in Collective Intelligence, Inc., which the parties have tentatively agreed has a value of $50,000.00. C. Two individual retirement accounts in Defendant's name alone which have a value of approximately $45,000.00. D. Investment accounts with Merrill Lynch and with CSFB Direct, in Defendant's name alone, which had a value at the time of separation or a value now in excess of $50,000.00. s , r 6. Plaintiff has recently suffered severe financial problems and is no longer able to live on the alimony pendente lite she receives from Defendant and still meet her financial obligations. Those problems have included: A. Plaintiff's vehicle is old and no longer reliable. As a result of mechanical problems, the vehicle is no longer operable. Plaintiff has been advised that the cost of repairs to the vehicle will exceed $1,500.00. B. Plaintiff has been unable to pay her telephone bill and, as a result, no longer has use of a telephone. C. Plaintiff has not been able to pay her attorney or to pay other costs incurred or which may be incurred in the litigation of this case. D. Defendant has recently denied Plaintiff periods of temporary custody with the parties' minor child and, as a result, Plaintiff has and will incur substantial fees and expenses in an effort to enforce her rights to see the child. Plaintiff is without funds- or other assets with which to meet these financial obligations or address these financial problems. 7. All of the marital assets of the parties are within the control and possession of Defendant. WHEREFORE, Plaintiff prays this court to order an advanced distribution of marital property, to her, in the amount of $25,000.00 or more to allow her to meet her financial obligations. 4 Samuel L. Andes 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 document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: CS - STACIE L. RUSSELL co V STACIE L. RUSSELL, Plaintiff ) VS. ) CHARLES T. RUSSELL, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2441 CIVIL TERM IN DIVORCE PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER TO PLAINTIFF'S PETITION FOR PSYCHIATRIC EXAMINATION AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Reply to Defendant's New Matter: 10. Admitted. 11. Denied. If the psychiatric report concludes that Plaintiff is not impaired to the point that she cannot properly care for her child, it will be in her interests to disclose the results of the report. If the psychiatric report concludes otherwise, the Defendant is free to ask the Court to make the results known and the Court is free to review the report itself or make them known to Defendant. 12. Denied. It is Defendant who has asserted that Plaintiff's mental condition impairs her from caring for her child while apparently claiming, inconsistently, that she is perfectly competent to handle the issues raised in the divorce case. Plaintiff only seeks to put these issues to rest. 13. Admitted. However, the custody and divorce actions are one and the same, all matters in this case having been filed in one consolidated divorce action, all to the same term and number. Accordingly, the results of the psychiatric examination will be equally available to the Court in both the divorce and custody portions of this action. 14. Denied. The psychiatric evaluation is, primarily, for the benefit of both parties and their minor child. Moreover, Defendant has possession and control of all of the significant marital assets and enjoys virtually all of the income available to the parties. Finally, Defendant is the party who has raised an accusation that Plaintiff is mentally unfit to have even brief periods of temporary custody with the parties' child. In light of those facts, it is only appropriate that all of the costs of the psychiatric examination be borne by the Defendant. WHEREFORE, Plaintiff asks this Court to grant the relief requested in her original petition and to direct the Defendant to advance the funds necessary to have the psychiatric examination conducted. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 , , ,4•. I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Syr 4 ^ ? n STACIE L. RUSSELL, Plaintiff VS. CHARLES T. RUSSELL, Defendants Nov 14 2006 p1? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2441 CIVIL TERM IN DIVORCE ORDER OF COURT Nov. AND NOW this 17 day of , 2006, upon consideration of the attached Petition, a Rule is hereby issued upon the Defendant to show cause, if any he has, why the relief requested in the Petition should not be granted. The Rule shall be served upon Defendant's counsel of record and shall be returnable 0 days from the date of service. J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12`h Street, P.O. Box 168, Lemoyne, Pa 17043 Maria P. Cognetti, Esquire (Attorney for Defendant) // _ . oG 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 ?I "u 0 I PV L 11i0119tlD v 13 Z006 STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Plaintiff CHARLES T. RUSSELL, GUIDO, J. --- Defendant NO. 02-2441 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ? ORDER OF COURT AND NOW, this J /,,c "'day of November, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Mother shall meet with the child for dinner on Wednesday evenings at a restaurant which shall be selected in advance. Father will provide transportation for the child to the restaurant and shall return to pick the child up when he calls at the conclusion of the Wednesday evening dinner. 2. Mother shall have up to two additional contacts per week which contacts shall be supervised by a person mutually acceptable to the parties. Alternatively, the parties could use the Harrisburg YWCA visitation program as a source of the supervision for the visits. The parties' count;el have been given a telephone number for the Harrisburg Y program to contact in order for the parties to make arrangements to utilize this program. 3. A brief hearing s 1 be held on Mother's Petition for unsupervised a I custody in Courtroom ? ?Number '3 of the Cumberland Coun Courthouse Pon the ?o?vd day of L-1-7) AI LLAG,"-3' , 200 at AQ__ o'clock .M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Stacie L. Russell, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least en -days pn to the hearing date. B Edward E. Guido, J. Dist: Maria P. Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 \ C / Samuel L. Andes, Esquire, P. O. Box 168, Lemoyne, PA 17043 / ra 7-a Jt45 ? •01 RV L- 3-30 95H ..r-1 - _ STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defend ant NOV 13 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2441 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE INITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Quinn Patrick Russell March 22, 1990 Father 2. Mother filed a. Petition to Modify the Custody Order on or about June 28, 2006. A Custody Conciliation Conference was held on November 3, 2006. The date had been postponed by concurrence of counsel. Attending the conference were: the Mother, Stacie L. Russell, and her counsel, Samuel L. Andes, Esquire; the Father, Charles T. Russell, and his counsel, Maria P. Cognetti, Esquire. 3. Mother's position on custody is that she is seeking to return to what she claims had been the status quo from January to April of 2006 during which time she reports that she had custody of Quinn on alternating weekends and some weekdays until Father cutoff contact sometime in April of 2006. The last Order in this matter was entered in March of 2003 at which time Father had primary custody and Mother's contact was supervised contact. Through counsel, Mother disputes the need for supervision at this time. 4. Father's position on custody is as follows: Father is willing to consent to shorter periods of partial custody which would be supervised with a competent adult present. However, Father is concerned that the child suffers emotionally from contact with Mother. There has been no allegation of physical harm. Mother apparently has a history of psychiatric illness which historically has required the use of medication. However, for sometime now, she has not been taking medication. Father's request for supervision included the suggestion of using Mother's relatives as possible resources to facilitate the contact between the parties' child and Mother. NO. 02-2441 CIVIL TERM 5. Currently pending in this matter is a Petition for Psychiatric Evaluation of Mother which has not yet been resolved. The issues resolved in this regard are the source of the payment for the evaluation and whether or not the report from an evaluation would be disclosed to Father and his attorney. 6. Pending hearing on Mother's request for unsupervised periods of partial custody, the parties were able to reach an agreement for Mother to have supervised contact with Quinn by a mutually acceptable adult. Mother's counsel has been given the name of a friend of Mothers proposed to serve in this capacity. Additionally, the parties have agreed to contact the Harrisburg YVA'CA visitation program and have agreed that Quinn could have dinner with Mother on Wednesday nights at 6:00 p.m. Because the parties are in need of hearing, the attached Order also provides for a brief hearing to occur on that request. Dat Melissa Peel Greevy, Esquire Custody Conciliator :286415 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Respondent STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CHARLES T. RUSSELL, NO. 02-2441 Civil Term Defendant/Respondent IN DIVORCE RESPONDENT'S ANSWER TO PETITION FOR ADVANCED DISTRIBUTION OF MARITAL ASSETS AND NOW, comes Respondent, Charles T. Russell, by and through his attorney, Maria P. Cognetti, Esquire, with this Answer to Petition for Advanced Distribution of Marital Assets and in support thereof, respectfully represents as follows: 1. Admitted. 2. Admitted and denied. It is admitted that the parties separated in early 2002. It is denied that they have been separated for almost six (6) years. 3. Denied. It is denied that Petitioner has been unemployed since the parties' separation. Petitioner has held various jobs since the parties' separation. It is further denied that Petitioner is unable to work due to her medical conditions. The issue of whether Petitioner is able to work, care for her child, or assist her attorney is unresolved. Petitioner has claimed, in the parties' custody action, that she is substantially recovered and able to care for the parties' child, while simultaneously claiming that she is unable to work or assist her attorney in this divorce. 4. Admitted and denied. It is admitted that Respondent is self-employed and has an income of approximately $100,000.00 per year. It is denied that the support paid by Respondent is not a burden on his income. 5. Respondent answers the specific allegations set forth in paragraph five (5) of Petitioner's Petition as follows: A. Admitted. B. Admitted. C. Admitted. D. Admitted. 6. Respondent answers the specific allegations set forth in paragraph six (6) of Petitioner's Petition as follows: A. Respondent is without the knowledge or information required to respond to the veracity of Petitioner's averments as to the condition of her vehicle. B. Respondent is without the knowledge or information required to respond to the veracity of Petitioner's averments regarding her inability to meet her financial needs. However, by way of further answer, Petitioner receives a substantial amount of support that should be more than adequate in meeting her financial needs. C. Respondent is without the knowledge or information required to respond to the veracity of Petitioner's averments as to her ability to pay her attorney or other costs. D. Denied. It is denied that Respondent's actions will result in substantial fees and expenses to Petitioner. By way of further answer, it is inappropriate for Petitioner to be seeking counsel fees in the Divorce action for expenses that may occur in the Custody action. 7. Admitted. WHEREFORE, Petitioner respectfully requests that this Honorable Court deny Petitioner's requested relief. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: By: MARIA P. COGNE( V, ESQUIRE Attorney I.D. No. 27M4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent VERIFICATION I, Charles T. Russell, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: CHARLES T. RUSSELL . . 4%? CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Charles T. Russell, herein, do hereby certify that on this date I served the foregoing Answer to Petition for Advanced Distribution by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: December 18, 2006 By: MARIA P.`COG?E I, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent <: ? ?? -? ? ?, ?' .-; ?' -T, G! - _n { s ; r t {:. ??^? } , ? l ?+? . f F .?l -; ` J --C -. t? W 4. STACIE L. RUSSELL, Plaintiff VS. CHARLES T. RUSSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2441 CIVIL TERM IN DIVORCE ORDER FOR PSYCHIATRIC EVALUA N AND NOW this ?-- day of 2006, upon the agreement of the parties, we hereby order as follows: 1. Roger Cadieux, M.D. is hereby appointed to conduct a psychiatric evaluation of the Plaintiff Stacie L. Russell. The purpose of the psychiatric examination is to determine whether she is mentally competent to make financial and other life-planning decisions independently and without the appointment of a guardian ad litem in the pending divorce action, and also determine whether she is competent to have periods of temporary custody of her teenage son or represents a threat of harm to him sufficient that she should not have unsupervised periods of temporary custody. 2. Stacie Russell is directed to contact Dr. Cadieux to arrange a meeting with him, to provide such documents and other information as he may require, to sign all necessary authorizations and consents for him to obtain information, and to otherwise cooperate with him in the evaluation process. 3. The Defendant Charles Russell shall advance, from marital accounts, the funds necessary to pay Dr. Cadieux's fees for these services. He shall advance an initial deposit to Dr. Cadieux of $2,000.00 and pay all invoices submitted by Dr. Cadieux within thirty (30) days of the date of their receipt. All payments shall be from marital funds and shall be considered an advance to both parties against their eventual share of the marital assets in the divorce action. Y 4. Upon completion of his services, Dr. Cadieux shall render a written report to counsel for both parties. BY THE Distribution: amuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12'hStreet, P.O. Box 168, Lemoyne, Pa 17043 aria P. Cognetti, Esquire (Attorney for Defendant) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 4?? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION STACIE L. RUSSELL ) Docket Number 02-2441 CIVIL Plaintiff ) VS. ) PACSES Case Number 728104921 CHARLES T. RUSSELL ) Defendant ) Other State ID Number Order AND NOW to wit, this JANUARY 5, 2007 it is hereby Ordered that: SHOULD THE DEFENDANT FALL IN ARREARS, PAYMENTS ARE TO BE INCREASED BY $1.50 PER MONTH FOR PAYMENT ON SAID ARREARS. BY THE COURT: JUDGE Form OE-520 Service Type M Worker ID 21205 f7, S T?i 1; cn o STACIE L. RUSSELL, Plaintiff ) VS. ) CHARLES T. RUSSELL, ) Defendants ) PRAECIPE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2441 CIVIL TERM TO THE PROTHONOTARY: Please enter my appearance, pro se in the above matter. Date: Stacie L. Russell 506 East Elmwood Avenue, Apt. 4 Mechanicsburg, PA 17055 TO THE PROTHONOTARY: Please withdraw my appearance in this matter for the Plaintiff Stacie L. Russell. Date: 2 to L. Andes Attorney at Law Attorney ID # 17225 525 North 121" Street Lemoyne, Pa 17043 (717) 761-5361 f3 ? CK) ? 40 STACIE L. RUSSELL, Plaintiff VS. CHARLES T. RUSSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 2441 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 11 1 2007, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated September 5, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, r Edgar B. Bayley, P. . cc: ,p4acie L. Russell Pla' tiff aria P. Cognetti Attorney for Defendant oeJ C r - Lr) Ci.. } CLI U 1 - 0 is C7 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ? day of ?e.-Afk?s , 2007, is by and between: CHARLES T. RUSSELL of 301 Harmony Lane in Camp Hill, Pennsylvania, hereinafter referred to as'Husband and STACIE L. RUSSELL of 506 East Elmwood Avenue, Apartment 4 in Mechanicsburg, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 5 May 1984 and are the parents of two children, Christopher S. Russell, an emancipated adult, and Quinn Patrick Russell, born 22 March 1990 (hereinafter referred to as "children); 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. 2002-2441 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties have reached agreement for the disposition of the various economic issues raised in their divorce action and, with the advice of their respective counsel, wish to reduce that agreement to writing and to conclude a divorce. 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. CHILD CUSTODY. This agreement makes no provision for the custody of the parties' minor son. Each of the parties reserves onto themselves all of their claims and rights with regard to that child and their custodial rights for him. 2. CHILD SUPPORT. Husband currently pays alimony pendente lite to Wife in an action filed before the Court of Common Pleas of Cumberland County to their divorce action which is identified as PACSES No. 728104921. The amount of alimony pendente lite Husband pays to Wife, pursuant to that order, was adjusted for Wife's obligation to pay child support to Husband for the parties' son Quinn. In consideration for the other terms and provisions of this agreement, specifically including the reduction of alimony Husband is to pay Wife below the alimony pendente lite required by the order previously entered against him, Husband does hereby waive, release, and terminate any claim he has against Wife for the financial support of the parties' son Quinn and agrees that he shall Page 1 of 9 ¦. provide for Quinn's financial support, in all ways, without exception, without contribution from Wife. As a result, Husband hereby discharges and releases Wife from any obligation he may owe to her, now or at any time in the future, for the financial support of their son Quinn. 3. REAL ESTATE. (DEED HELD IN ESCROW UNTIL CONSENTS FILED) Wife covenants and agrees to convey to Husband, as his sole and separate property, the real estate presently owned by the parties hereto as tenants by the entireties and being known as 309 Harmony Drive in Camp Hill, Cumberland County, Pennsylvania, subject, however, to.all liens, encumbrances, easements, and restrictions presently existing thereon. In furtherance of this Agreement, Wife represents that she has, as of the date of this Agreement, executed, acknowledged, and delivered to her attorney, a deed to said real estate, conveying the same as above described to Husband, and agrees that said deed shall be held in escrow by her attorney pending the filing by both parties of the consents and other documents necessary to conclude the divorce action between the parties, at which time Wife's attorney shall, without further direction or authorization from Wife, deliver the said deed to Husband's attorney or such other person as Husband may designate, so that the deed can be recorded at or shortly before the time of entry of a final decree in divorce. 4. DEBTS AGAINST RESIDENCE. In consideration of the conveyance of real estate as above described, Husband hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a Ilan upon and encumbering the same premises, in accordance with the terms and provisions of the mortgage, such mortgage being owed and payable to_&J459(AW,,0V AMM ./? and Husband further agrees and covenants that he will indemnify and save Wife harmless Ck from any and all liability, expense, cost, or loss whatsoever as a result of his non-payment of or non-performance of said mortgage and said mortgage conditions. Further, Husband hereby represents and warrants to Wife that there are no other liens, charges, or debts which encumber the title to the property or which arise out of the parties' ownership or his use or occupancy of it and further agrees that, if there are any other such debts or expenses, Husband shall pay and satisfy them in accordance with their terms and shall further indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to do so. fi. COLLECTIVE INTELLIGENCE INC The parties acknowledge that Husband owns an interest in the Pennsylvania business corporation known as Collective Intelligence, Inc. Wife does hereby waive, release, and relinquish any claim to or interest in that corporation or its assets and confirm all of them to be the sole and separate property of Husband, free of any further claim by Wife. In consideration therefore, Page 2 of 9 Husband agrees to pay and satisfy, in accordance with their terms, any debts, claims, or obligations arising out of his ownership in or operation of the said business and, further, to indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to pay and satisfy such obligations as they become due. 6. ASSETS TO BE TRANSFERRED TO HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. Husband's Harris Direct SEP-IRA (Account No. 016046636), or the proceeds or disposition of that account that Husband may have made after the parties' separation; and B. Husband's Harris Direct SEP-IRA (Account No. 00994170), or the proceeds or disposition of that account that Husband may have made after the parties' separation; and C. All accounts Husband held, at the time of separation, with Merrill Lynch, together with the proceeds or disposition of those funds after the parties' separation; and D. The CSFB Direct investment account held by Husband at the time of separation, together with the proceeds or disposition of that account that Husband may have made after the parties' separation; and The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Husband's name alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. 7. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 8. CASH PAYMENT. Husband shall pay Wife the sum, in cash or other assets, of CR. $160,000.00. That sum will be paid as follows A. Immediately upon the execution of this Agreement Husband shall -take SPACA -fo transfer to Wife, by tax-free rollover from one or more of his retirement QC:hoa sags Page 3 of 9 ?Ioweve? f/vsban of shall 9av4_ * 01any d?yti? if?,ks 494 V40- Qed ?jQndulr ? h 3hQ?-f W??? are T-f) tf In 0-yI At C-0- e?`s?'"be accounts, assets having a value as of 1 Meirch 2007 of $40,000.00, increased or decreased by the investment results of the accounts from which Husband makes such transfer after that date. Husband shall designate the retirement accounts from which the transfer is to be made but Wife shall have the right to consent to that selection and, if the parties cannot reach agreement as to. the accounts from which the transfer is to be made, the transfer sh II a made from the account designated by Husband, adjusted, after 1 007, for the investment results in the account or accounts esignated by Wife. B. Within fifteen (15) days of the date of this Agreement Husband shall pay to Wife, in cash or cash equivalents, the sum of $40,000.00. C. Husband shall, within sixty (60) days of the date of this Agreement, refinance the debt which encumbers the residence at 301 Harmony Lane, to secure Wife's unconditional release from that obligation. At the time of settlement on that refinancing, Husband shall pay Wife the additional sum, in cash or cash equivalents, of $80,000.00. In the event that Husband is unable to conclude his refinancing, or otherwise make this cash payment to Wife, within ninety (90) days of the date of this Agreement, Husband shall be obligated to pay Wife interest at the rate of 12% per annum until such time as the payment is made. The parties shall cooperate with each other to implement the terms and provisions of this Paragraph and to assure the prompt payment of the above sums and assets to Wife. In the event that a Qualified Domestic Relations Order or any other order of court is required to make the transfer of the retirement assets contemplated by this Agreement, the parties shall cooperate to obtain such order but Husband shall be solely responsible to pay the cost incurred to obtain and implement that order. 9. ALIMONY. Husband shall pay Wife alimon -fotfi : A. He shall pay alimony in the amount of $800.00 per,rhonth, commencing with the first month following the a entry of the final decree in divorce in the action pow' pending b een the parties, and continuing through the end of ?June2013.L B. Com mencing with t ly 2013 and continuing If, attains the age of 62 year$_.he shall pay alimony in the amount $1,000.00 per month. - C. The amount of alimony shall not be subject to modification by any court or tribunal at any time without the written consent of both parties. Page 4 of 9 D. The payment of alimony shall terminate upon the death of Husband, the death of Wife, or Wife's remarriage or cohabitation with another man for a period of sixty days or more. Otherwise, the alimony shall not terminate until Wife attains the age of 62 years. E. The alimony payments shall be due on the 1 8' day of each month and shall be paid through the Domestic Relations Office of Cumberland County, Pennsylvania. The parties will cooperate to obtain an order of the court, entered in the divorce action, to require the Domestic Relations Office to collect and disburse the alimony payments and to otherwise administer the alimony provisions of this Agreement. lo. 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. 11. WAIVER OF FURTHER ALIMONY SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and Page 5 of 9 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. 12. 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 party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and 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. 13. 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. 14. 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 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. Page 6 of 9 15. 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. 16. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 17. 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 Page 7 of 9 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. 18. 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 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. 19. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 20. 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. 21. 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. Witness Witness Page 8 of 9 O L?`?- C 2 -- - - - - --------- 09/05/2007 10:03 FAX 717 909 4068 STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant MARIA P COGNETTI R004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-2441 Civil Tenn IN DIVORCE AFFIDAM OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 17, 2002. 2. The marriage ofPlaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before the 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 P&C.S. §4904 relating to unworn falsification to authorities. Date: / - j " _? JQ-7 { 1 rte, c5m 09/05/2007 10:03 FAX 717 909 4068 STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant MARIA P COGNETTI lj? 005 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 02-2441 Civil Term : IN DIVORCE WAIVER O F NOTI CE OF INT ENTION TO REQUE ST ENT RY OF DIVORCE D ECREE UN DER § 330 1(, OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE: ? `?:x-' " .e -s ev C1 C ? 'rf N q 09/05/2007 10:03 FAX 717 909 4088 MARIA P COGNETTI Q002 STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-2441 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 17, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before the divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: ?/S 007 arles T. Russell t7 1 4 F ? t . ,.. ? y ' V ? 1 ` j G ?. r?,+J? ???a ?? ?. ?.. _ t..f C...-x i " 1 ?'? „ _.n? f ? ?'? ?.i ?.,. a 4. ?? ,..? , ,`? Ry 09/05/2007 10:03 FAX 717 909 4068 STACIE L. RUSSELL, Plaintiff V. CHARLES T. RUSSELL, Defendant MARIA P COGNETTI Q003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-2441 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(cl OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: f11o 007 C"a ? O ? : f"r3 --? ri ? ? . RZ i -. , ?f ? ^e?? f?:: `:. - T- rt. F '` t' ? ??? ? . C ? G ?• """? ?? ?°'"' ,-• .? ? ?.,? ?pC_,.,, t._. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant STACIE L. RUSSELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-2441 Civil Term CHARLES T. RUSSELL, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Maria P. Cognetti, Esquire, Attorney for Defendant on June 25, 2002. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Stacie L. Russell, Plaintiff, on September 5, 2007, by Charles T. Russell, Defendant, on September 5, 2007. 4. Related claims pending: Settled by Agreement dated and filed September 5, 2007. 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit record, a copy of which is attached: Ai y (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice was filed on September 5, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice was filed on September 5, 2007. MARIA P. COGNETTI & ASSOCIATES Date: September 12, 2007 By: MARIA V. CNETTI, ESQUIRE Attorney I.D. R6. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 90 • ??V ? Irr-l/ CIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STACIE L. RUSSELL, Plaintiff CHARLES T. RUSSELL, *;r /. I 7f vo" , AND NOW, ,2007 IT IS ORDERED AND No. 02-2441 CIVIL TERM DECREE IN DIVORCE DECREED THAT VERSUS Defendant STACIE L. RUSSELL , PLAINTIFF, AN D CHARLES T. RUSSELL DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; The terms of the parties' Property Settlement Agreement dated September 5, 2007, and attached hereto are ATTEST: J PROTHONOTARY R ,o- J/ I Ia-Al -b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. .-Z ' 0 Z, - IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of and gives this written notice avowing his / her intention pursuant to the provisiolp, .S. 704. Date: Si a re I' Signature of ein ed COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) On the day of 200 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or Notary Public P , XWMK SEAL PR000wX MW M LISLE WMB NOTMY EMAND rMott ?YY W COMMISSION ,Fn 3 .e .4R ,. e t STACIE L. RUSSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 02-2441 CIVIL TERM CHARLES T. RUSSELL, IN DIVORCE Defendant/Petitioner PACSES Case No: 728104921 ORDER OF COURT AND NOW to wit, this 14th day of May 2008, it is hereby Ordered that the award for Alimony Pendente Lite, in the above captioned case, be terminated, effective September 30, 2007, pursuant to the parties Decree in Divorce and their Property Settlement of September 5, 2007. The credit balance of $6,724.23 on the APL account is directed to the Alimony account. Credit set at $ -324.23 as of May 14, 2008 on the Alimony account. 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: Edward K. Guid%, J. DRO: R.J. Shadday xc: Petitioner Respondent Maria P. Cognetti, Esq. Samuel L. Andes, Esq. Service Type: M Form OE-001 Worker: 21005 Fife Field Options Help Navigation Menu PACSES Help Func: 11 7 OGLE Financial Obligation Entry CASE ID: 728104921 Case Type: N Case Status: 0 ORDER ID: 02-2441 CML? Order Type S Docket Num: Payor: 8825101052 RUSSELL, CHARLES T. Payee: 7825101056 COLLINS, STACtF L. Periodic Amt this page onlp-: 800.00 Ordered On Arnt this page only Arrears Due Amt Date Due: DEBT Member Periodic Amt RYAMAS 0511448 13:10 Date Entered: 1202!02 02-2441 CNL Mod/ Error: ? Worker ID: 21205 I T r-C ID /Name Ordered On Amt Eff Date End Date SAA ? 7825101056 800.00 10!01!n7 0630113 ALIMONY STACIE 0.00 M 10M 07 10101!07 SPA ? 7825101056 0.00 a 10101!107 10101107 ALI PEND LI STACIE 0.00 M' 10M1107 10101/07 ?? F-1 ?? ? E= BACK PREY NE7(T rADD Normal Arrs Retro Arrs 1-3 02-2441 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/14/08 Case Number (See Addendum for case summary) O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number COLLECTIVE INTELLIGENCE INC STE 200 3450 N PROGRESS AVE HARRISBURG PA 17110-9655 RE: RUSSELL, CHARLES T. Employee/Obligor's Name (Last, First, MI) 202-46-7120 Employee/Obligor's Social Security Number 8825101052 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. $ s0o. o0 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ o . oo 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 $ goo. 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: $ 184.62 per weekly pay period. $ _369.23.per biweekly pay period (every two weeks). $ 400.00 per semimonthly pay period (twice a month). $ s o 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. BY THE COURT• Date of Order: MAY 15 2008 EDWARD E. GUIDO, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMBNo.:097"154 Worker ID $IATT 800 • x 12•+ 52+v 1 84 • 62* V? 600• x 12•+ 26•= 369.23* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecketi you are required to provide a copy of this form to you(gmployee. If yoyr employee works in a state that is di event Strom the state that issued this order, a copy must be provi eedd to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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: 1134100123 EMPLOYEE'S/OBLIGOR'S NAME: RUSSELL, CHARLES T. EMPLOYEE'S CASE IDENTIFIER: 8825101052 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAMEIADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us if you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RUSSELL, CHARLES T. PACSES Case Number 728104921 Plaintiff Name STACIE L. COLLINS Docket Attachment Amount 02-2441 CIVIL$ 800.00 Child(ren)'s Name(s): DOB El if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB El if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMBNo.:0970.0154 Worker ID $IATT } C.0 7k ;