Loading...
HomeMy WebLinkAbout92-0048 AS OF 't)~ CASE# ~-~ HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. .. SANDRA H. OSTERLUND, PlaintiffIPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - EQUITY JAN A. OSTERLUND, Defendant/Respondent NO. 48 EQ 92 IN EQUITY PACSES # 231000038 ORDER OF COURT AND NOW to wit, this 13th day of October 2006, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter, effective November 1, 2006, as the arrears are unenforceable through the Domestic Relations Section. The Alimony account is closed wit a balance of$79,917.67 as of this date. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Philip Spare, Esq. C'A'1~ l. Service Type: M Form OE-OOl Worker: 21005 ') r-~ c:::::> g:; ........,,, ~n ~-n "'p'" m c <::J \.. w ~~? -":1 '-' -r ~~~ f-~ --L::" '-rJ :< -:........ C:,:? (Y1 co SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andersori Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Sandra H Osterlund Case Number vs- 48 EQ 92 Jan A Osterlund SHERIFF'S RETURN OF SERVICE 08/19/2010 08:37 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 19 2010 at 2034 hours, attached as herein commanded ail goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jan A. Osterlund , in the hands, possession, or control of the within named garnishee, Eugene Scheer, 120 Winston Drive, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Eugene Scheer, garnishee, personally two (2) true and attested copies of the writ of execution and made the contents there of known to him. No interrogatories were served. 09124/2010 06:15 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 24, 2010 at 1810 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jan A. Osterlund , in the hands, possession, or control of the within named garnishee, Linda Malinak, 2812 W Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Tom Malinak, Adult in Charge, personally two (2) true and attested copies of the writ of execution and made the contents there of known to him. No interrogatories were served. The writ of execution and notice to defendant was mailed on September 28, 2010 to Jan A- Osterlund, 3545 West Warren Lane, Anthem, AZ 85086. SO ANSWERS, a 1+ September 28, 2010 RONN R ANDERSON, SHERIFF J- Gerald Worthingtc Deputy Stephen Bender, Deputy SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richaild E Rice, II Chief Deputy, Administration SANDRA H OSTERLUND vs. JAN A OSTERLUND Case Number 2010-SU-4289-41 SHERIFF'S RETURN OF SERVICE 08/19/2010 02:24 PM - SERVED TWO TRUE AND ATTESTED COPIES OF THE WITHIN WRIT OF EXECUTION UPON GAIL V. MCMILLEN,THE WITHIN NAMED GARNISHEE, GAIL V MCMILLEN, CO EXECUTOR OF THE ESTATE OF WILMA JANE SCHEER, DECEASED, AT 514 RANGE END ROAD, DILLSBURG, PA 17019, AND ATTACHED AS DIRECTED. A TERRY DRAWBAUGH, DE TY 08/23/2010 SENT BY CERTIFIED MAIL, ONE TRUE AND ATTESTED COPY OF THE WITHIN WRIT OF EXECUTION AND CLAIM FOR EXEMPTION FORM TO JAN A OSTERLUND THE WITHIN NAMED DEFENDANT, TO 3545 WEST WARREN LANE, ANTHEM, AZ 85086. 09/01/2010 RETURN RECEIPT FOR CERTIFIED MAIL TO JAN A OSTERLUND, DATED 8/26/2010, ATTACHED HERETO. SHERIFF COST: $97.84 SO ANSWERS, __Z? .?? /a / /tQe, December 10, 2010 RICHARD P EUERLEBER, SRERIFT' M ° 2 r 'r- rn CD C? xft ?• kD C ? NOTARY Affirmed and ?subscribed to before m/e1 this j? ? day of C._ • (?/O 1-?i-a ALTH OF PENNSYLVANIA !Ci CcuafySufr..>h+nii, Faleua;?, it ;. LISA L. THORPEI NOTARY P7NTY CITY YORK, YORK COUMY COMMISSIOOF N EXPIRES AUG ,_r r Date Produced: 08/30/2010 L"J YORK COUNTY GOVT SHERIFF The following is the delivery information for Certified Mail I'M item number 7192 2845 0010 0001 9214. Our records indicate that this item was delivered on 08/26/2010 at 10:52 a.m. in PHOENIX, AZ, 85086. The scanned image of the recipient information is provided below. Signature of Recipient: us to 7 -o ??- ? v ?-vr r -G O C) C) Address of Recipient: WY S ~ -' m -s, rn CJI Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 1OSU4289G SANDRA H OSTERLUND vs. JAN A OSTERLUND Case Number . 2010-SU-4289-41 SHERIFF'S RETURN OF SERVICE 08/19/2010 02:24 PM - SERVED TWO TRUE AND ATTESTED COPIES OF THE WITHIN WRIT OF EXECUTION UPON GAIL V. MCMILLEN,THE WITHIN NAMED GARNISHEE, GAIL V MCMILLEN, CO EXECUTOR OF THE ESTATE OF WILMA JANE SCHEER, DECEASED, AT 514 RANGE END ROAD, DILLSBURG, PA 17019, AND ATTACHED AS DIRECTED. 08/23/2010 SENT BY CERTIFIED MAIL, ONE TRUE AND ATTESTED COPY OF THE WITHIN WRIT OF EXECUTION AND CLAIM FOR EXEMPTION FORM TO JAN A OSTERLUND THE WITHIN NAMED DEFENDANT, TO 3545 WEST WARREN LANE, ANTHEM, AZ 85086. 09/01/2010 RETURN RECEIPT FOR CERTIFIED MAIL TO JAN A OSTERLUND, DATED 8/26/2010, ATTACHED HERETO. SHERIFF COST: $97.84 SO ANSWERS, December 10, 2010 RICHARD P KEUERLEBER, SHERIFF toj C?cuntysuile st,enlt, T'eleuso`i, Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N048 EQ 92 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due Sandra H. Osterlund Plaintiff (s) Tuesday, August 17, 2010 3:23 PM From Jan A. Osterlund 3545 West Warren Lane 2010-SU-W4289--41 Anthem, AZ 85086 (1) You are directed to levy upon the property of the defea t (S)and to sell any and all interest of Jan A. Osterlund in the Estate of Wilms Jane Scheer, deceased (Cumberland County Register of Wills; File No. 2120091202). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession r of any and all interest of Jan A. Osterlund in the Estate of Wilma Jane Scheer, deceased ; (Cumberland County Register of Wills - File No. 2120091202), c/o Gail V. McMullen, Co-Ewutor, -.=a 514 Range End Road, 0 Rburg, PA 17019 and all der property of the dtftdont(s) in the possession, custody or control of the said garnishee(s). GARNISHEE(S) as follows: i and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$79,917.67 Interest Atty's Comm % Atty Paid $24.50 Plaintiff Paid Date: August 12, 2010 (Seal) REQUESTING PARTY: Name Philip H. Spare, F.q. Address: Stock do Leader, Suite 600# 221 W. Philadelphia St., York, PA 17401 Attorney fora PLAINTIFF Tea: 7114MON L.L. Due Prothy $2.00 Other Costs M rn moo nM C ? a 40 C .ur tf David , "n By. Deputy PLUS YORK COUNTY SK-ERIFF COSTS Irk a SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?un6rfi{?? ?,ttr 01 OFF.-E •. :-.L'[4 FILED-OFFICE OF THE PROTHONOTARY 2011 APR 15 PM 1: O9 CUMBERLAND COUNTY PENNSYLVANIA Sandra H Osterlund vs. Jan A Osterlund Case Number 48 EQ 92 SHERIFF'S RETURN OF SERVICE 08/19/2010 08:37 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 19, 2010 at 2034 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jan A. Osterlund , in the hands, possession, or control of the within named garnishee, Eugene Scheer, 120 Winston Drive, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Eugene Scheer, garnishee, personally two (2) true and attested copies of the writ of execution and made the contents there of known to him. No interrogatories were served. 09/24/2010 06:15 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 24, 2010 at 1810 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jan A. Osterlund , in the hands, possession, or control of the within named garnishee, Linda Malinak, 2812 W Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Tom Malinak, Adult in Charge, personally two (2) true and attested copies of the writ of execution and made the contents there of known to him. No interrogatories were served. The writ of execution and notice to defendant was mailed on September 28, 2010 to Jan A. Osterlund, 3545 West Warren Lane, Anthem, AZ 85086. 04/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $159.00 April 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF B .'Sharon R. Lantz 6/ .00 Pd Cc S?c7? ic. GountySuite Shen't. T-eiec>uft. II':e. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND, Plaintiff No.: 48 EQ 92 IN EQUITY V. PACSES# 231000038 JAN A. OSTERLUND, Defendant PRAECIPE TO SATISFY AUGUST 11, 2010 JUDGMENT To the Prothonotary: cz? C C. rl ..; ( XX ) Please mark the August 11, 2010 judgment in the amount of $79,917.67 satisfied. Further, Plaintiff Sandra H. Osterlund does hereby remise, release and forever discharge Defendant Jan A. Osterlund from the accumulated dollar amount owed to her for the time period up to April 30, 2011 as a result of an ongoing obligation related to their divorce and the matters raised in this Equity Case. This Equity Case is not closed or discontinued. Defendant's obligations related to their divorce and matters raised in this Equity Case from May 1, 2011 and into the future are not discharged or in any way affected by this Praecipe. Respectfully submitted, STOCK AND LEADER P 401 (1 Y: Date Philip H. Spare, Esquire Supreme Court I.D. #65200 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 cog aq4 ?a (2- ?Sg P° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND, Plaintiff No.: 48 EQ 92 IN EQUITY V. PACSES# 231000038 JAN A. OSTERLUND, Defendant CERTIFICATE OF SERVICE AND NOW, this 10? day of m , 2011, I, Philip H. Spare, Esquire, of the law firm of Stock and Leader, atto neys for the Plaintiff, hereby certify that I served the within Praecipe to Satisfy August 10, 2010 Judgment this day by depositing the same in the United States mail, postage prepaid, in York, Pennsylvania, addressed to: Jan A. Osterlund Stephen J. Dzuranin, Esq. 3545 West Warren Lane Wix, Wenger & Weidner Anthem, AZ 85086 PO Box 845 Harrisburg, PA 17108-0845 Respectfully submitted, STOCK AND LEADER '511011, By; Pq U'_-e Date Philip H. pare, Esquire Supreme Court I.D. #65200 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 ,I 1 '0 E3 AH10: t? 'LIMBERLANO COUHTY PE14NSYLVANI A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND, Plaintiff No.: 48 EQ 92 IN EQUITY V. PACSES# 231000038 JAN A. OSTERLUND, Defendant PRAECIPE TO RELEASE ATTACHMENT To the Prothonotary: ( XX ) Please release the attachment in the above-captioned matter against Gail V. McMillen. Co-Executor of the Estate of Wilma Jane Scheer Garnishee. Respectfully submitted, STOCK AND LEADER 10 i? By: lam Date Philip H. Spare, Esquire Supreme Court I.D. #65200 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 -IA4 a ?.? ?14s1 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND, Plaintiff No.: 48 EQ 92 IN EQUITY V. PACSES# 231000038 JAN A. OSTERLUND, Defendant CERTIFICATE OF SERVICE AND NOW, this Of" day of 2011, I, Philip H. Spare, Esquire, of the law firm of Stock and Leader, atto eys for the Plaintiff, hereby certify that I served the within Praecipe to Release Attachment this day by depositing the same in the United States mail, postage prepaid, in York, Pennsylvania, addressed to: Jan A. Osterlund 3545 West Warren Lane Anthem, AZ 85086 -'1o((L- Date Stephen J. Dzuranin, Esq. Wix, Wenger & Weidner PO Box 845 Harrisburg, PA 17108-0845 STOCK AND LEADER By: Philip H. Spare, Esquire Supreme Court I.D. #65200 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND Petitioner/Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND Respondent/Defendant Attorney for Petitioner/Plaintiff Gregory W. Bair, II, Esquire Sup. Ct. I.D. #208156 STOCK AND LEADER, LLP Susquehanna Commerce Center East 221 W. Philadelphia St., Ste. E600 York, PA 17401-2994 Phone: (717) 846-9800 Fax: (717) 843-6134 E-mail: jhs@stockandleader.com Attorney for Respondent/Defendant Jan A. Osterlund, pro se 10340 Nina Court New Port Richey, FL 34654 PETITION FOR ENFORCEMENT OF APRIL 20, 1988, PROPERTY SETTLEMENT AGREEMENT Submitted by Petitioner/Plaintiff, Sandra H. Osterlund 0152039- IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND Petitioner/Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND Respondent/Defendant PETITION FOR ENFORCEMENT OF APRIL 20, 1988 PROPERTY SETTLEMENT AGREEMENT AND NOW, this 8th day of May, 2014, comes the Petitioner/Plaintiff, Sandra H. Osterlund, by and through her attorneys, Stock and Leader, LLP, and files this Petition for Enforcement of August 1, 1988, Property Settlement Agreement and in support thereof sets forth the following: 1. Petitioner/Plaintiff is SANDRA H. OSTERLUND (hereinafter referred to as "Petitioner/Plaintiff'), who is an adult individual residing at 409 Deerfield Road, Camp Hill, Pennsylvania. 2. Respondent/Defendant is JAN A. OSTERLAND (hereinafter referred to as "Respondent/Defendant"), who is an adult individual residing at 10340 Nina Court, New Port Richey, FL 34654. 3. The parties in this matter were divorced by Decree dated August 1, 1988. This equity action was initiated based upon Respondent's/Defendant's failure and refusal to abide by the terms of the Divorce Settlement Agreement dated April 20, 1988, and made an Order of the Court on August 1, 1988, (hereinafter referred to as "April 20, 1988, Agreement" and attached hereto as Exhibit "A"). 4. The terms of the April 20, 1988, specifically state that Respondent/Defendant is obligated to pay permanent alimony to Petitioner/Plaintiff in the amount of $25,000 per year in equal payments two times a month. See Exhibit A ¶ 13. 5. Respondent/Defendant failed to pay Petitioner/Plaintiff alimony for many years. 6. Due to Respondent's/Defendant's continued failure to pay Petitioner/Plaintiff the bi-monthly alimony payments, Petitioner/Plaintiff initiated several actions sounding in equity to enforce the terms of the April 20, 1988, Agreement. 7. The most recent action occurred in April, 2011. At that time, Petitioner/Plaintiff obtained a judgment against Respondent/Defendant in the amount of $79,917.67 with said judgment having been marked satisfied pursuant to a Settlement Agreement and Mutual Release executed by the parties on April 26, 2011 (hereinafter referred to as "April 26, 2011, Agreement" and attached hereto as Exhibit "B"). 8. The April 26, 2011, Agreement only releases and discharges Respondent's/Defendant's alimony obligation through April 30, 2011, and does not in any way discharge Respondent's/Defendant's obligation related to their divorce and the matters raised in the instant Equity Case from May 1, 2011 and into the future. Specifically, Paragraph 3 of the April 26, 2011, Agreement states, "The parties specifically acknowledge and agree that any of Jan's obligation related to their divorce matters raised in the Equity Case from May 1, 2011 and into the future are not discharged or in any way affected by this Settlement Agreement and Mutual Release." See Exhibit B at ¶ 3. 0152039- 2 9. Petitioner/Plaintiff believes and avers that as of April 30, 2014, Respondent/Defendant owes her the following amounts: a. May 1, 2011 through December 31, 2011 $16,667 b. 2012 $25,000 c. 2013 $25,000 d. January 1, 2014 through April 30, 2014 $ 8,333 TOTAL $75,000 10. Petitioner/Plaintiff believes that Respondent/Defendant is now collecting Social Security benefits as he has reached retirement age. 11. Pursuant to 42 U.S.C. §659, it is permissible for the Federal government to attach and garnish an individual's Social Security benefits.to enforce an alimony obligation. Specifically, 42 U.S.C. §659(a) states "...money (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States ... to any individual..., shall be subject, in like manner and to the same extent as if the United States...were a private person, to withhold in accordance with State law ...by a State agency administering a program under a State plan approved under this part or by an individual obligee, to enforce the legal obligation of the individual to provide child support or alimony." 42 U.S.C. §659(a) emphasis added. 12. Petitioner's/Plaintiff's counsel attempted to contact the Social Security Administration by both telephone and letters dated June 26, 2013 and July 25, 2013 in an effort to request that Respondent's/Defendant's Social Security benefits be garnished based on the April 20, 1988 Agreement. 0152039- 3 13. In July, 2013, a representative from the Social Security Administration contacted Petitioner's/Plaintiff's counsel by phone and left a voicemail advising Petitioner/Plaintiff's counsel that the Social Security Administration would not garnish Respondent's/Defendant's Social Security benefits without a specific court order permitting the Social Security Administration to do so. '14. Based upon the past history in this matter and Respondent's/Defendant's conduct since the parties' divorce, Petitioner/Plaintiff believes and avers that Respondent/Defendant will not voluntarily pay the amounts owed to her. 15. Pursuant to Cumberland County Local Rule 208.2(d), Petitioner's/Plaintiffs counsel contacted Respondent/Defendant to discuss this matter with him. On April 29, 2014, Petitioner's/Plaintiff s counsel contacted Respondent/Defendant directly and confirmed that Respondent/Defendant is acting pro se. During this call, Petitioner's/Plaintiff's counsel requested Respondent/Defendant's concurrence on the instant Petition. Respondent/Defendant does not concur on the Petition's filing or relief sought. 16. The Honorable Edgar Bailey has previously ruled upon other issues pertaining to enforcement of the April 20, 1988, Property Settlement Agreement in this same matter. See C. C.R.P. 209.3 (a)(2). WHEREFORE, Petitioner/Plaintiff seeks entry of an Order as follows: a. Directing the Social Security Retirement Administration to immediately begin to garnish Respondent's/Defendant's Social Security benefits in the amount of $2,083 per month 0152039- 4 for current alimony, plus an additional $2,000 per month against arrears, or in the maximum amount allowed by law; and/or b. In the alternative, direct the Cumberland County Domestic Relations Office to issue a wage attachment to specifically garnish Respondent's/Defendant's Social Security benefits in the amount of $2,083 per month for current alimony, plus an additional $2,000 per month against arrears, or in the maximum amount allowed by law; and c. Directing Respondent/Defendant to pay Petitioner's/Plaintiff's reasonable attorney fees incurred by Petitioner/Plaintiff in preparing and presenting this Petition and Order in the amount of $750. Such attorney fees shall be paid by Respondent/Defendant directly to Petitioner's/Plaintiff's counsel within thirty (30) days from the entry of this Order; and d. Such other relief as the Court deems just and proper. Respectfully Submitted, STOCK AND LEADER, LLP BY: 0152039- 5 Greg • Atto - . . #208156 221 W. Philadelphia Street, Ste. E600 York, Pennsylvania 17401-2994 (717) 846-9800 Attorney for Petitioner/Plaintiff Bair, Esquire ti VERIFICATION I hereby affirm that the foregoing facts are correct: I am the Petitioner/Plaintiff in the foregoing action. The attached Petition for Enforcement ofApril 20, 1988 Property Settlement Agreement is based upon information which has been furnished to counsel in the preparation of this document. The language of the Petition for Enforcement of April 20, 1988 Property Settlement Agreement is that of counsel and not mine. I have read the Petition for Enforcement ofApril 20, 1988 Property Settlement Agreement and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. The extent that the context of the Petition for Enforcement ofApril 20, 1988 Property Settlement Agreement is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Petition for Enforcement ofApril 20, 1988 Property Settlement Agreement are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: l 0152039 - SANDRA H. OSTERL Mad %O V 1!gl.q)g DIVORCE SETTLEMENT AGREEMENT THIS AGREEMENT, made between JAN A. OSTERLUND, herein called "Jan", and SANDRA H. OSTERLUND, herein called "Sandra", at Pittsburgh, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 3, 1983, in Camp Hill, Pennsyl- vania. There were two children born of this marriage, said children being: Carlee, age 14, and Matthew, age 17. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Sandra and Jan to live separate and apart for the rest of their natural lives, and the parties here- to are desirous of settling fully and finally their respect- ive espect- ive financial and property rights and obligations as between each other including, without limitation by specification: the settling of all :natters between them relating to the ownership of real and personal property; the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Sandra by Jan or of Jan by Sandra; the settling of all matters between them relating to the past, present and future support and/or-maintenanc of 70 `c, 1 EXHIBIT A of the children; the implementaion of custody/visitation/ partial custody arrangements of the children and in general, the settling of any and all claims and possible claims by one against the other or against their respect- ive estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Sandra and Jan, each intending to be legally bound hereby, covenant and agree as follows: 1. This Agreement shall not be considered to affect or bar the right of Sandra or Jan to a divorce •on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to con- done and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes Or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 2. The parties agree that unless otherwise specifi- cally provided herein, this Agreement shall continue in full force and effect after such time as a final decree divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agree- ment shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addi- tion to any other remedies which may be available pur- suant to the teLms of this Agreement or otherwise under law or equity. 3. The parties agree that the terms of this Agreement shall be incorporated but mot merged into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter.of the Agreement for the purpose of enforcement of -any of the provisions thereof. 4. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. For the purpose of this Agreement, the term "distribution date" shall be defined as the date of execution of this Agreement unless otherwise specified herein. 6. The provisions of this Agreement and their 3 legal effect have been fully explained to the parties by their respective counsel, David D. DeAngelis, Esquire for Sandra and, Charles Stone, Esquire for Jan. The parties acknowledge that they have received independent legal advise from counsel of their selection and that they fully understand the facts and have been fully in- formed as Co their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having re- ceived such advise and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive and specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agree- ment, with the exception of disclosure that may have been fraudulently withheld. 7. Sandra and Jan may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Sandra and Jan shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 8. Jan and Sandra each do hereby mutually remise, release, quitclaim and forever discharge. the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engage- ments or liabilities of such other or by way of dower or 5 curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testa- mentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of pro- perty, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 6 9. The parties hereby agree that Sandra shall have her choice of all household furnishings, including but not limited to furniture, rugs, oriental pieces, knicknacks, curtains, appliances, works of art, and any other items which she wishes. Said property shall become the sole and exclusive property of Sandra. Any remaining personalty shall become the sole and exclusive property of Jan. 10. The parties hereby acknowledge that LoJan Associates holds the lease on a 1987 Cadillac Eldorado. The parties hereby agree that Sandra shall have full, complete and exclusive use and possession of said automobile. LoJan Associates shall be solely respons- ible for all lease payments, taxes and insurance on the leased vehicle. When the lease is ended, the parties hereby agree that the automobile shall be transferred into Sandra's name, and she shall become the sole owner of the automobile. The parties further agree that if the automobile is sold, Sandra shall receive any monies from the sale of the automobile. 11. Sandra shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Jan all of Sandra's right title and interest in and tothe real estate situate at and 7 known as 1515 Slate Hill Road. The said conveyance shall be subject to any liens and encumbrances including the lien of the existing mortgage which obligations are hereby assumed by Jan, and shall be under and subject to any covenants and restrictions of record. The said documents shall be executed by Sandra and delivered to Jan on the date of execution of this Agreement. Jan shall indemnify Sandra and hold Sandra harmless for and against any and all such liability which may arise from Jan's failure to make timely payments upon the mortgage. Jan shall be solely responsible for all taxes, expenses, maintenance and insurance, on said real property. Jan hereby agrees to refinance the mortgage in his name only and to do so as expeditiously as possible. 12. The parties further agree that Jan (or LoJan Associates) shall purchase for Sandra her choice of a house. The parties acknowledge that Sandra has already selected an appropriate parcel of real estate with a house thereon. Said real estate shall be deeded to Sandra, free and clear of all liens and encumbrances 8 of any type, including any mortgage. Jan (or LoJan Associates) shall be solely responsible for all closing costs and other expenses connected with the purchase of said real property. 13. Jan agrees to pay to Sandra for her separate support and maintenance the following sums of money according to the following schedule: Sandra shall receive the sum of $25,000.00 per year in equal payments two times a month. 14. The parties acknowledge that neither party will be required to pay child support, since each party will have custody of one of the children according to the teLws of the Agreement. 15. Jan shall provide Blue Cross, Blue Shield, Major Medical or equivalent coverage for the benefit of Sandra until such time as Sandra remarries. 16. The parties agree that the entire amount being paid to Sandra pursuant to Paragraph 13 of this Agreement is a separate maintenance periodic payment, in discharge of a legal obligation which, because of the marital or family relationship, is imposed upon or incurred by Jan under a written instrument incident to a divorce and that such payment is included and intended to be included with the income of the Sandra within the meaning and in- tent of Section 71 of the United States Internal Revenue 9 Code of 1954, as amended, and deductible from Jan's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954, as amended. Sandra agrees that all said payments shall be included as income of Sandra in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. 17. The parties agree that legal custody of the children shall be as follows: Jan shall have custody of Matthew, age 17, and Sandra shall have custody of Carlee, age 14. Each shall have liberal visitation and physical custody according to a schedule to be agreed upon by the parties which shall be consistent with the best interests and welfare of the said child- ren. 18. In addition to any provisions which may be contained herein regarding custody and physical custody, each shall have the following rights with respect to the children: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. 10 19. The parties hereby agree that in connection with questions dealing with the education of minor child- ren as well as any extraordinary medical or dental pro- cedures, each party shall be consulted whenever practical concerning the course of any proposed treatment or the decisions relevant to any educational consideration including the choice of college, university or technical school should the occasion arise for such consideration. 20. In the event of any serious illness of any of the children at any time, the party then having physical custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as she or he desires, consistent with the proper medical care of the said child. The word "illness" as used herein shall mean any disability which confines the child to be under the direction of a licensed physician for a period in excess of forty-eight (48) hours. 21. Each shall confer with the other on all matters of importance relating to the child's health, maintenance and education for the purpose of obtaining and following a harmonious policy in the child's best 11 interests and welfare. Each shall keep the other informed of the progress of the child's education and social adjustments. 22. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counselling, and that they both consent to the entry of a decree in divorce pursuant to Section 201(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as The Code). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents. Upon request, to the extent permitted by law and the appli- able Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 23. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 12 24. During the course of the marriage, Sandra and Jan have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Jan shall be solely responsible for all outstanding debts, loans, charge cards and any gambling debts. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which, pursuant to the terms herein, are the responsibility of that party. 25. Jan and Sandra shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. 26. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or de- fault hereunder shall be deemed a waiver of any sub- sequent default of the same or similar nature. 27. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving 13. full force and effect to the provisions of this Agreement. 28. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 29. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, adminstrators, successors and assigns. 30. This Agreement constitutes the entire understand- ing of the parties and supersedes any and all prior agree- ments and negotiations between them. There are no repre- sentations or warranties other than those expressly set forth herein. 31. Sandra and Jan covenant and agree that they will execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 32. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any pro- vision hereof be construed as a waiver of any subsequent 14 F default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees, and costs of litigation that either may sustain, or incur or become liable for, in any way what- soever, or shall pay upon, or in consequence of any default or breach by the other of any of the teLms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whoe or in part, before there would be any liability for attorney's fees, and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 34. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. IN WITNESS WHEP4 OF, the parties hereto have set their hands d se1s the day and year first above written. J -274,P C.0 AL. COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the awQ day of , 1988, before me a Notary Public, the undersigned officer, personally appeared JAN A. OSTERLUND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Divorce Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA: ' :SS: COUNTY OF L G��cL / u� On this, the cp- day of al. Not y Pub K.AYE RENEE LUCKEY, Notary Pubik New Cumberland, Cumberland Co., Pa. M C.,mmission Expires March 27. 1989 , 1988, before me a Notary Public, the undersigned officer, personally appeared SANDRA H. OSTERLUND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Divorce Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. l IN WITNESS WHEREOF, I have hereto set my hand and notarial seal_ Prot. Rep. C.O.C: Notary KAYE RENEE LUCKEY, Notary PubirC New Cumberland, Cumberland Co., Pa. My Commission Expires March 27, 198? `r. JE ea STONE nays et Law irldge Street ,mberlend. Pe, 17070 ADDENDUM TO DIVORCE SETTLEMENT AGREEMENT THIS ADDENDUM to the Divorce Settlement Agreement made between JAN A. OSTERLUND and SANDRA H. OSTERLUND dated c•IO , 1988, is made this aQ day of April, 1988, as follows: 1. Sandra has selected the property at 409 Deerfield Road, Lower Allen Township, Cumberland County, Pennsylvania, as the house to be purchased for her by Jan under the terms of the Agreement and Jan has agreed to purchase this house and convey it to her free and clear of liens and encumbrances with a special warranty deed. 2. Jan and Sandra both understand and agree that the house at 409 Deerfield Road cannot be conveyed to Sandra and Sandra cannot convey the pro- perty at 1515 Slate Hill Road, Lower Allen Township, Cumberland County, Pennsylvania, to Jan until such time as a divorce decree is finally granted by the court. 3. The parties therefore agree that they will execute and acknowledge deeds for these properties, but that'these deeds will be held in escrow by Charles H. Stone, Esquire, until such time as a final decree in divorce is granted, at which time the deeds will be delivered to the respective parties so that they may be recorded. 4. Sandra understands that in order for Jan to obtain the necessary financing from the Dauphin Deposit Bank and Trust Company in the amount of Ninety Thousand ($90,000.00) Dollars so that he can purchase the Deerfield Road house on March 31, 1988, as required by his contract with the seller of that property, he must supply to Dauphin Deposit Bank and Trust Company a 6i?-pB" 10f. e ;, C.U.C. EXHIBIT B R .. /.161 i? Page 1 )NE & STONE ,rneye et Lew . Bridge Street :umberlerld, Pe. 17070 second lien on the property at 1515 Slate Hill Road, and that since that pro- perty*will still be titled in Jan and Sandra's name, it is necessary that Sandra sign the note and mortgage and other papers required by Dauphin Deposit Bank and Trust Company in connection with this transaction. Jan specifically agrees that he will refinance this loan as soon as possible after the divorce decree is granted and the property at 1515 Slate Hill Road is placed in his name alone so that Sandra's name will be removed from both this Ninety Thousand ($90,000.00) Dollar note and the present mortgage in the amount of Three Hundred Twenty-six Thousand ($326,000.00) Dollars held by CCNB Bank, N. A. Jan agrees to indemnify and save harmless Sandra from any loss or damages, including reasonable attorney's fees, resulting from his failure to comply with this covenant. 5. The Agreement is further amended as follows: A. Paragraph 10 is amended to provide that Jan, rather than Lojan Associates, shall be responsible for all lease payments, taxes, and insurance. To the extent that Lojan Associates is involved in the transac- tion, Jan will cause Lojan Associates to execute and deliver any necessary documents. B. Paragraph 13 is amended to add thereto the following sentence: "In case of the death of Jan prior to the death of Sandra, Jan's estate will be liable for the continued payment of the Twenty-five Thousand ($25,000.00) Dollars per year for an additional five (5) years, or sixty (60) months, com- mencing with the first day of the month in which Jan's death occurs, provided further that said payments shall cease upon the death of Sandra prior to the end of this five (5) year period, and provided further that Jan agrees to make Sandra the beneficiary of life insurance in the amount of Fifty Thousand Page 2 ($50,000.00) Dollars, said life insurance payment to be in addition to the Twenty—five Thousand ($25,000.00) Dollar per year payment as provided for in this paragraph.t° 6. The parties restate the provisions of paragraph 6 of the Agreement pertaining to legal advice by their respective counsel, David D. DeAngelis, Esquire, for Sandra, and Charles H. Stone, Esquire, for Jan. The provisions of paragraph 6 apply fully to this Addendum. 7. In all other respects, the original Divorce Settlement Agreement between the parties is hereby ratified, confirmed,, and restated. IN WITNESS WHEREOF, the parties have her:; nt. set their hands and seals this 414 day of April, 1988. 04-6X3 Witn Witness >NE & STONE >rneys et Law Bridge Street :umberlend, Pa. 17070. (SEAL) (SEAL) Page 3 VuLLz I— oott. Rog, nC.O.C5 )NE 8& STONE orneye at Law • Bridge Street .2umberland, Pa. 17070 COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the 44 day of h,c , 1988, before me a Notary Public, the undersigned officer, personally appeared JAN A. OSTERLUND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Addendum to Divorce Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. KAYE RENEE LUCKEY, Notary Pubk New Cumberland, Cumberland Co., Pa. My commission Expires Mardi 27, 181/1 COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the 7j day of , 1988, before me a Notary Public, the undersigned officer, personally appeared SANDRA H. OSTERLUND, known to me (or satisfactorily proven) to be the person whose name is sub— scribed to the within Addendum to Divorce Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. IQU ) g -)-J5 Fro,. Reg. C.O.C, n Notary P A. KAYE RENEE LUCKEY, Notary Publla New Cumberland, Cumberland Co., Pa. My Commission Expires March 27, 1989 0y , ( 4 AA 5o No.5�2 T 7)/4-} Yv 25 o . °%' I k4 . I v6A PR -Y You nic Ft, ThrnL Z7, o33. 2s ate - og3.16 4 Thvi cam- y X25 ,cf Aksuial ._. (-41( lob( l -I -it loll,c°- tom,,,, L ANL -4 Ic J Milk Ta ( ck►to, l o4 l . (off 9t &- 1`11 l0` -E1.6' Z -I -9l i0`i(. v. '(SPc-C_.IL . S ON u\-{ 1v,o5 . lS Sa TtLL TML 3 t MOS. z(.2),� G,241.4y Cst AA -\i 41 Zoo , o (T w �� ST T\NFG- IN M2 Lk ckt \iov -P(ULIbrtt_ lct. t l$63�� . Zo S5.51- P Mos t jai (SLC Ti+ -k5 1(7 Ftslik• t F 'ok-) t-kn`'U 1 t o c4 l 1 (?, 11 ^r)(.--) TILL Nou 2-�.. "6'S w tu. G EXHIBIT C Exhibit B 100% Recycled 30% PCW SETTLEMENT AGREEMENT and MUTUAL RELEASE THIS SETTLEMENT AGREEMENT and MUTUAL RELEASE is made by and between SANDRA H. OSTERLUND (hereinafter "Sandra"), and JAN A. OSTERLUND (hereinafter "Jan"). WITNESSETH: WHEREAS, Sandra entered judgment on August 11, 2010 in the amount of $79,917.67 against Jan ("Judgment") in the Court of Common Pleas, Cumberland County, Pennsylvania docketed at No. 48 Equity 1992 (the "Equity Case"); and WHEREAS, Sandra filed a Writ of Execution and/or Attachment identified by Docket No. 2010 -SU -004289-41 (the "Levy"), as a levy on the Judgment and served the Levy upon Gail V. McMillen, co executor of the Estate of Wilma J. Scheer (hereafter the "Scheer Estate"), deceased mother of Jan; and WHEREAS, Jan is entitled to certain proceeds as a beneficiary of the Scheer Estate; and WHEREAS, the parties wish to enter into the Settlement Agreement and Mutual Release (hereinafter the "Agreement") to set forth their understanding of their respective duties and obligations relative to the Judgment and the Levy. NOW, THEREFORE, in consideration of the above premises and the covenants hereinafter contained, AND INTENDING TO BE LEGALLY BOUND HEREBY, the parties agree as follows: 1. The parties agree that, in exchange for release of the Judgment and the Levy, Sandra will receive the funds to which Jan would be entitled as a beneficiary of the Scheer Estate, with the current amount being $37,176.88 (the "Initial Fund"), plus any remaining funds upon completion of the administration of the Estate. 2. Upon receipt of a fully executed copy of this Agreement and Sandra's receipt of the Initial Fund, Sandra agrees to execute and file a Praecipe and to take any other action necessary to dismiss with prejudice the Judgment and the Levy. 3. Subject to fulfillment of the terms and conditions set forth herein, Sandra does hereby remise, release, and forever discharge Jan from the accumulated dollar amount he owes her for the time period up to April 30, 2011 as a result of his ongoing obligations related to their divorce and the matters raised in the Equity Case. The parties specifically acknowledge and agree that any of Jan's obligations related to their divorce and matters raised in the Equity Case from May 1, 2011 and into the future are not discharged or in any way affected by this Settlement Agreement and Mutual Release. 4. Subject to fulfillment of the terms and conditions set forth herein, Sandra does hereby remise, release, and forever discharge the Scheer Estate and its co-executors, who shall be deemed to be third party beneficiaries of this Agreement, from any and all manner of claims, suits, demands, debts, dues, accounts, bonds, covenants, contracts, promises, agreements, judgments, liabilities, obligations, rights, costs, expenses, attorneys fees, actions or causes of action of whatsoever kind or nature in law or in equity, direct or indirect, whether presently known or unknown, suspected or unsuspected, foreseen or unforeseen, or accrued or not accrued, which Sandra ever had, now has, or hereafter may have by reason of any matter, cause or thing, from the beginning of time to the date of this Agreement. 1 5. Subject to fulfillment of the terms and conditions set forth herein, Jan does hereby remise, release, and forever discharge Sandra and the Scheer Estate and its co-executors, who shall be deemed to be third party beneficiaries of this Agreement, from any and all manner of claims, suits, demands, debts, dues, accounts, bonds, covenants, contracts, promises, agreements, judgments, liabilities, obligations, rights, costs, expenses, attorneys fees, actions or causes of action of whatsoever kind or nature in law or in equity, direct or indirect, whether presently known or unknown, suspected or unsuspected, foreseen or unforeseen, or accrued or not accrued, which Jan ever had, now has, or hereafter may have by reason of any matter, cause or thing, from the beginning of time to the date of this Agreement. 6.In the event a creditor of Jan's makes a claim, demand, or action of whatsoever kind or nature in law or in equity, direct or indirect, against Sandra for any amount paid to Sandra under this Agreement, Jan shall indemnify Sandra and defend and hold Sandra harmless of and from any and all claims, actions, complaints, suits, judgments, decrees and any other liability (including Sandra's expenses of investigation and defense, including reasonable attorneys' fees) arising from its exercise of this agreement and performance hereunder. 7. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. In the event any dispute arises between the parties hereby, the exclusive jurisdiction and venue for resolution and settlement thereof shall be in Cumberland County, Pennsylvania. The parties waive any and all defenses, and hereby consent to the exclusive jurisdiction and venue of Cumberland County, Pennsylvania. 8. This Agreement may be executed in counterparts, all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be executed on the dates indicated below. WITNESS: P-tvc WITNESS: SANDRA H. OSTERLUND Date: LI- (94 " JAN A. OSTERLUND Date: 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND Petitioner/Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND Respondent/Defendant CERTIFICATE OF SERVICE AND NOW, this 8th day of May, 2014, I, Gregory W. Bair, II, Esquire, of the law firm of Stock and Leader, LLP, attorneys for Petitioner/Plaintiff, hereby certify I served the within Petition for Enforcement of April 20, 1988 Property Settlement Agreement, this day by depositing the same in the United States mail, first-class mail, postage prepaid, in York, Pennsylvania, addressed to: Jan A. Osterlund 10340 Nina Court New Port Richey, FL 34654 Respondent/Defendant, pro se STOCK AND LEADER, LLP By: 0152039 - Greg .: air, II, Esquire I.D. No. 208156 Susquehanna Commerce Center East 221 West Philadelphia Street, Suite E600 York, Pennsylvania 17401-2994 (717) 846-9800 Attorney for Petitioner/Plaintiff FILED—OFF ''r' .a� THE PROTHO , g F,y 2014 NAY 13 PM 4: -17 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND Petitioner/Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND Respondent/Defendant ORDER PURSUANT TO C.C.R.P. RULE 208.3(a)(3) AND NOW, this /42 1°4.day of , 2014 upon consideration of the foregoing Petition, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an Answer to the Petition within twenty days of service upon the Respondent; (3) the Petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within fV days of this date; (5) argument shall be held on a/ , 2014 in Courtroom / of the Cumberland County Courthouse; afid //:00 /9./17, 0152039- (6) notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: '£s PZ s /€cL- �.'22., . or4eatzw.k s//y/N =^1 0152039- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAWU'j. SANDRA H. OSTERLUND I9ga `8 ND �� �Uf� r �'. Petitioner/plaintiff No.: 48 eq 92 f� v. JAN A. OSTERLUND • Respondent/Defendant : In Equity ANSWER TO PETITION 5-16-2014 I Retired 4 years ago and receive social security in the amount of $1,554.00 per month, (copy enclosed) this is my only income and need that to survive. On 8-27-2012 I was diagnosed with stage 4 throat cancer at that time, (copy enclosed) I had no medical insurance and am underwent a very intensive treatment and am still recovering from that mentally and financially. I don't know what she has told her attorney about my condition but find it hard to believe that if they knew my condition they would have not proceeded with this petition her council never asked me about any of my financial abilities or I would have told him. I could not pay her with my situation since the signing of the agreement 26 years ago has substantially changed and I don't have the resources to pay her any more. I did the best I could have done buying her a house new Cadillac car and paying her all the years I did. When I had a large business I had the income, which I lost along with my home and income. If I had any money I would of hired an attorney so I have to respond to the petition myself without knowing the legal system. I thank the court for the time spent. JA A. ERLUND riti '•r Your New Benefit Amount C.4 BENEFICIARY'S NAME: JAN A OSTERLUND 13968038 Your Social Security benefits will increase by 1.5 percent in 2014 because of a rise in the cost of living. You can use this letter when you need proof of your benefit amount to receive food, rent, or energy assistance; bank loans; or for other business. Keep this letter with your other important financial documents. How Much Will I Get And When? • Your monthly amount (before deductions) is • The amount we deduct for Medicare medical insurance is (If you did not have Medicare as of Nov 14, 2013 or if someone else pays your premium, we show $0.00.) • The amount we deduct for your Medicare prescription drug plan is (If you did not elect withholding as of Nov 1, 2013, we show $0.00.) • The amount we deduct for voluntary federal tax withholding is (If you did not elect voluntary tax withholding as of Nov 14, 2013, we show $0.00.) • After we take any other deductions, you will receive on Jan. 22, 2014. $1,658.90. $104.90. $0.00. $0.00 . $1,554.00 If you disagree with any of these amounts, you must write to us within 60 days from the date you receive this letter. We would be happy to review the amounts. You may receive your benefits through direct deposit, a Direct Express® card, or an Electronic Transfer Account. If you still receive a paper check and would like to switch to an electronic payment, please visit www.godirectorg or call 1-800-333-1795. What If I Have Questions? Please visit our website at www.socialsecurity.gov for more information and a variety of online services. You also can call 1-800-772-1213 and speak to a representative from 7 a.m. until 7 p.m., Monday through Friday. Recorded information and services are available 24 hours a day. Our lines are busiest early in the week, early in the month, as well as during the week between Christmas and New Year's Day; it is best to call at other times. If you are deaf or hard of hearing, call our TTI' number, '- 1-800-325-0778. 1-800-325-0778. If you are outside the United States, you can contact any U.S. embassy or consulate office. Please have your Social Security claim number available when you call or visit and include it on any letter you send to Social Security. If you are inside the United States and need assistance of any kind, you also can visit your local office. SUITE 100 8661 CITIZENS DRIVE NEW PORT RICHEY FL 8/28/2012 12:17 PM FROM: Fax TO: 602-889-1075 PAGE: 002 OF 002 ATHQLGGY SCIENTIFIC DIAGNOSES AND LABORATORY SOLUTIONS Arthur Sitelman, MD, FCAP - Medical Director PATIENT NAME: Osterlund, Jan COLLECTED DATE: 8/27/2012 RECEIVED DATE: 8/27/2012 PATIENT 10#: DOB: 1/31/1948 AGE: 64 GENDER: Male CASE #: IS -12-06164 SUBMITTING PHYSICIAN: Robert Bridge, M.D. 3815 E. Bell Rd., Ste 3200 Phoenix, AZ 85032 602-788-0088 Fax: 602-889-1075 LEFT TONSIL BIOPSY: 1. INVASIVE SQUAMOUS CELL CARCINOMA, ULCERATED, MODERATELY DIFFERENTIATED, INVOLVING ALL SECTIONAL EDGES. SEE COMMENT. 2. BENIGN AREAS DISPLAY SQUAMOUS MUCOSA WITHOUT PATHOLOGIC LESION. COMMENT: These findings are forwarded to Dr. Bridge on August 28, 2012. AS1vc 64yr old male with smoker lung. Left ear pain ath mild throat discomfort enlarged lymph node firm ulcerative area. The specimen is labeled left tonsil biopsy. Received fixed in formalin are four fragments of tan -brown rubbery tissue measuring 0.3x0.2x0.2cm up to 0.7x0.5x0.3cm. The specimen is sectioned and entirely submitted in one cassette. Three steps sections will be obtained. TCbc Microscopic examination was performed. CPT CODE(S): 88305 Final Diagnosis performed by Arthur Sitelman, MD Electronically Signed (8/28/2012 11:19:39 AM) mill - Hl\Q Wt.�(` S J%C- Uig 4 o • ) t,3 v112,1v ��)G 9150 W. Indian School d, Bldg 6, #122 Phx, AZ 85037 Tel. 23-889-0100 = Fax 623-889-0101: www.lntegrated-Pathology.com 2uiL M ".Y 30 PH 2: C :UMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW SANDRA H. OSTERLUND No. 48 EQ 92 Petitioner/Plaintiff v. In Equity JAN A. OSTERLUND Respondent/Defendant AFFIDAVIT OF SERVICE I, Gregory W. Bair, II, Esquire of the law firm of STOCK AND LEADER, do hereby certify that I have served a true and correct copy of Plaintiffs Petition for Enforcement of April 20, 1988 Property Settlement Agreement filed in the above matter on Jan A. Osterlund, Defendant, by depositing a copy in the United States Mail, postage prepaid, Certified Mail, Return Receipt Requested, Restricted Delivery on May 16, 2014, addressed as follows: Jan Osterlund 10340 Nina Court New Port Richey, FL 34654 0159989- and that the Return Receipt was returned postmarked May 19, 2014, signed by the Defendant on that date, as evidenced by the return receipt card, attached hereto and marked Exhibit "A." Respectfully submitted, Date: s� Sworn and subscribed to before me, this 09 day of - , 2014. Notary P blic COMMONWEAL OF PENNSYLVANIA Notarial Seal L Geri Lynn Benzel, Notary Public City of York, York County I•iy Cafmission Expires July 28, 2017 19tiZ k, PCMNSywounA ASSOCIATTON 01 NOTAkfls 0159989- Gregory , air, II, Esquire Supreme Ct. ID # 208156 STOCK AND LEADER Susquehanna Commerce Center East 221 West Philadelphia St., Ste. E600 York, PA 17401 -2994 Telephone (717) 846 -9800 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ia.41 6.6L-Oonot_ 10.39.6 Neu PothAchcy, FL 14664 COMPLE7 E THIS SECTION ON DELIVERY A. Signatu X ❑ Agent ❑ Addressee C. Date of Delivery,( D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address belowr ;PO 3. Service Type aCertified Mail ❑ Registered ❑ Insured Mail ❑ Express Mall 1:1-Ff'etum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7009 2250 0000 8845 3535 (Transfer from service label PS Form 3811,' February 2004 0159989- Domestic Return Receipt Exhibit "A" 102595 -02 -M -15401 THCi;0 21.7A JLTi 0 CUI-113ERL, AND COLINT Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND Petitioner/Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND Respondent/Defendant • MOTION TO MAKE RULE ABSOLUTE AND NOW, this 9th day of June, 2014, comes the Moveant/Plaintiff, Sandra H. Osterlund, by and through her attorneys, Gregory W. Bair, II, Esquire, and Stock and Leader, LLP, and files this Motion to Make Rule Absolute and in support thereof sets forth the following: 1. Moveant/Plaintiff is SANDRA H. OSTERLUND (hereinafter referred to as "Moveant/Plaintiff'), who is an adult individual residing at 409 Deerfield Road, Camp Hill, Pennsylvania. 2. Respondent/Defendant is JAN A. OSTERLAND (hereinafter referred to as "Respondent/Defendant"), who is an adult individual residing at 10340 Nina Court, New Port Richey, FL 34654. 3. On May 9, 2014, Moveant/Plaintiff filed with this Court her Petition for Enforcement of April 20, 1988, Property Settlement Agreement. At the same time, Moveant/Plaintiff served Respondent/Defendant with a copy of the Petition by United States mail. 0162333- 4. As part of the Moveant/Plaintiff's Petition for Enforcement of the April 20, 1988, Property Agreement, Moveant/Plaintiff's counsel also included a proposed Order pursuant to C.C.R.P. Rule 208.3(a)(3). 5. This Court entered an Order consisting of a rule to show cause why the Petitioner is not entitled to relief requested dated May 12, 2014 and timed -stamped May 13, 2014. This Order also requires the Respondent/Defendant to file an Answer to Moveant/Plaintiff s Petition within twenty (20) days of service upon the Respondent. See ¶ 1 and 2 of the Order of Court dated May 12, 2014. 6. On May 16, 2014, Moveant/Plaintiff's counsel served Respondent/Defendant with a copy of the May 12, 2014, Order (along with a second copy of the Petition to Enforcement of April 20, 1988, Property Settlement Agreement) by Certified Mail, Restricted Delivery. A true and correct copy of the transmittal letter from Moveant/Plaintiff's counsel to Respondent/Defendant dated May 16, 2014, is attached hereto, incorporated herewith, and is marked "Exhibit A". 7. Respondent/Defendant received and signed for these documents on May 19, 2014, as evidenced by the Return Receipt, which was signed May 19, 2014. A true and correct copy of the Return Receipt, dated May 19, 2014, is attached hereto, incorporated herewith, and is marked "Exhibit B". 8. An Affidavit of Service was filed with this Court on May 30, 2014, confirming the above. 9. Pursuant to the May 12, 2014, Respondent/Defendant was to respond to Moveant/Plaintiff s Petition within 20 days of its service. 0162333- 10. Pursuant to Pa.R.C.P. 440, "service of legal papers other than original process is complete upon mailing." See Pa.R.C.P. 440(b). Counsel for Moveant/Plaintiff's deposited a true and correct copy of both the Petition and May 12, 2014, Order in the United States mail on May 16, 2014. Therefore, Respondent/Defendant's Answer to Moveant/Plaintiff's Petition was due on or before June 5, 2014. 11. To date, Respondent/Defendant has failed to file an Answer to the Petition. 12. More than twenty (20) days have elapsed since service has been effectuated. WHEREFORE, Moveant/Plaintiff requests this Honorable Court to: (a) Make the Rule to Show Cause why the Petitioner is not entitled to relief requested absolute since the Respondent/Defendant has failed to file any responsive pleading; and (b) Enter an Order directing the Social Security Retirement Administration to immediately begin to garnish Respondent's/Defendant's Social Security benefits in the amount of $2,083 per month for current alimony, plus an additional $2,000 per month against arrears, or in the maximum amount allowed by law and direct Respondent/Defendant to pay Petitioner's/Plaintiff's reasonable attorney fees incurred by Petitioner/Plaintiff in preparing and presenting the Petition and Order in the amount of $1000. Such attorney fees shall be paid by Respondent/Defendant directly to Petitioner's/Plaintiff's counsel within thirty (30) days from the entry of this Order; and (c) Such other relief as the Court deems just and proper. 0162333- Respectfully Submitted, STOCK AND LEADER, LLP BY: 0162333 - Grego .LBaj , Esquire Attorney .D. #208156 221 W. Philadelphia Street, Ste. E600 York, Pennsylvania 17401-2994 (717) 846-9800 Attorney for Moveant/Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND Petitioner/Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND Respondent/Defendant CERTIFICATE OF SERVICE AND NOW, this 9th day of June, 2014, I, Gregory W. Bair, II, Esquire, of the law firm of Stock and Leader, LLP, attorneys for Petitioner/Plaintiff, hereby certify I served the within Motion to Make Rule Absolute , this day by depositing the same in the United States mail, first- class mail, postage prepaid, in York, Pennsylvania, addressed to: Jan A. Osterlund 10340 Nina Court New Port Richey, FL 34654 Respondent/Defendant, pro se STOCK AND LEADER, LLP Bv: 0162333- 5 s, Greg It \ ir, II, Esquire I.D. No 208156 Susquehanna Commerce Center East 221 West Philadelphia Street, Suite E600 York, Pennsylvania 17401-2994 (717) 846-9800 Attorney for Petitioner/Plaintiff "LEAD ATTORNRYR AT LAW SUSQUEHANNA COMMERCE CENTER EAST 221 WEST PHILADELPHIA STREET — SUITE 600 YORK, PENNSYLVANIA 17401-2994 PHONE 717-846-9800 Pm 717.843-6134 www.stockondleader.com May 16, 2014 Direct Dlal: (717) 849-4126 E-Inall:gbalr slockandleader.corn CERTIFIED MAIL — RESTRICTED DELIVERY RETURN RECEIPT REQUESTED and REGULAR FIRST CLASS MAIL Jan A. Osterlund 10340 Nina Court New Port Richey, FL 34654 Re: Sandra H. Osterlund v. Jan A. Osterlund No. 48 EQ 92 Dear Mr. Osterlund: Mary Ganardl, Family Law Paralegal Dbecr Dlal: (717) 849-4147 E-maIl: rncg@srockandleader. com Please be advised that I represent your former spouse, Sandra, in the above -captioned - action. I have enclosed herewith for service upon you, pursuant to Pennsylvania Rules of Civil Procedure, a Petition for Enforcement of April 20, 1988 Property Settlement Agreement filed with the Court on May 9, 2014 along with an Order Pursuant to C.C.R.P. Rule 208.3.(a)(3) dated May 12, 2014. Given the above information attached, kindly govern your actions accordingly. Sincerely, STOCK AND LEADER r, .a•--��- t . Gregory W. Bair, II Enclosures cc: Sandra H. Osterlund (w/enclosures) 0157716 - c SENDER: COMPLETE THIS SECTION ■ Complete ItOma' 1, 2; and 3. Also Complete_ hent 4 of. Restricted Detivery is desired.. ■ print your name and address on the reverie so that we can return the card. tq you. •* Attica this card to the beck of the mallplece, Oen the front If space pemlts, 1, Article Addressed to: .1tA Aske+^/onaC. lG3W)Nita� New PorFL 11/64511 2, Article Number filmsror from service retie P3 Form 3811e February 20 0159989. COMPLETE THIS SECTION ON I)ELIVEIIV i! <- tfietrt ftem I? CI Yes I(YE$, enter daihrery address belbwt .•44D 3. service lype r'Cettlled Mall © Express Mall C7 Fl.ohtsred Pll6turn Receipt fof MSMII?d 0 Insured Mall • CI C.O.D. 4. Restricted Delivery? (Erna Fee) 7009 225{1 000C 8845 3535 ;w Exhibit "A" SANDRA H. OSTERLUND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. JAN A. OSTERLUND, DEFENDANT/RESPONDENT : 4g EQUITY 1992 ORDER OF COURT AND NOW, this /f ' day of June, 2014, upon consideration of Plaintiffs Motion to Make Rule Absolute, and in light of Defendant's pro se Answer to Petition filed on May 21, 2014, the Motion to Make Rule Absolute is DENIED. Barring further petition or order of court, argument shall be held as scheduled on July 21, 2014 at 11:00 a.m. in Courtroom Number 1. By the Court, ./regory W. Bair, II, Esquire Susquehanna Commerce Center East 221 W. Philadelphia St., Ste. E600 York, PA 17401-2994 �n A. Osterlund, Pro se 10340 Nina Court New Port Richey, FL 34654 :sal CO pfes PZatirr:ct, Lpcipv Ibert H. Mas and, J. C) I C_ 73 L -0v CD • •{ C> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SANDRA H. OSTERLUND . Petitioner/plaintiff No.: 48 eq 92 v. JAN A. OSTERLUND Respondent/Defendant : In Equity ARGUMENT 7-21-2014 rr "' E- -. 2014 JUL -7 P� cU�;aE� 2; 52 PENNS AND COUNTY NJq I Regret I am not able to be at the hearing and ask the court that my social security not be attached in any amount I need the income to support myself. If the case goes on I am not an attorney and cannot defend myself, I do not have the income to afford an attorney. The contract Was signed by me at that time based on my income and ability to pay plaintiff since then many things have changed. This was a poorly written agreement on the both attorneys part since there was no clause to renegotiate the agreement if for any reason I could not fulfill my part of the agreement. Common sense says to me this should have been a must in the agreement which I was denied. I don't know if it is possible but I would ask the court if the case goes on to assign me a public defendant so as to let me defend myself against the constant pursuit of the plaintiff so I can live my remaining years in peace. I thank the court for the time spent. JAN A. RLUND 4I Date: 7-1-2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA SANDRA H. OSTERLUND y Petitioner/Plaintiff No.: 48 EQ 92 V. In Equity - - JAN A. OSTERLUND - Respondent/Defendant MOTION TO CONTINUE ARGUMENT SCHEDULED JULY 21,2014 AND NOW, this day of , 2014, comes the Petitioner/Plaintiff, Sandra H. Osterlund, by and through her attorneys, regory W. Bair, Il, Esquire, and Stock and Leader, LLP, and files this Motion to Continue Hearing and in support thereof sets forth the following: 1. Plaintiff is SANDRA H. OSTERLUND (hereinafter referred to as "Petitioner/Plaintiff'), who is an adult individual residing at 409 Deerfield Road, Camp Hill, Pennsylvania. 2. Respondent/Defendant is JAN A. OSTERLAND (hereinafter referred to as "Respondent/Defendant"), who is an adult individual residing at 10340 Nina Court, New Port Richey, Florida 34654. 3. On May 12, 2014, the Court issued an Order Pursuant to C.C.R.P. Rule 208.3(a)(3), Rule to Show Cause, which directed that depositions be completed within ninety (90) days of the date of the Order which date is August 12, 2014 and scheduled argument in the matter for July 21, 2014 at 11:00 a.m. 4. On May 21, 2014, Respondent/Defendant filed an Answer to the .Petition, pro se. Respondent/Defendant did not serve on Petitioner/Plaintiff or her counsel. 0169516- 5. Since neither Petitioner/Plaintiff nor her counsel were aware the Respondent/Defendant had filed a responsive pleading, Petitioner/Plaintiff filed with this Court a Motion to Make Rule Absolute on June 10, 2014 (which has caused the Petitioner/Plaintiff to incur additional attorney fees). 6. On June 19, 2014, the Court issued an Order denying Petitioner/Plaintiff's Motion to Make Rule Absolute because Respondent/Defendant had filed an Answer to the Petition, pro se, 7. On July 7, 2014, Respondent/Defendant files an "Argument", pro se, in which he states that he does not intend to attend the hearing scheduled for July 21, 2014. Once again, Respondent/Defendant did not serve his "Argument" on Petitioner/Plaintiff or her counsel. Petitioner/Plaintiff only became aware of these filings from monitoring the docket. 8. Pursuant to the May 12, 2014 Order, depositions may be taken within ninety (90) days, which date would be August 11, 2014. Due to Respondent/Defendant's recent ex-parte filings, it has become clear that Petitioner/Plaintiff must take Respondent/Defendant's deposition (especially in light of the fact that he ostensibly will not be present at the hearing) and engage in other discover. The hearing date on this matter precedes the deadline set for taking depositions. 9. Additionally, Petitioner/Plaintiff's Counsel is scheduled to be out of the country from August 4, 2014 through August 15, 2014 and due to the fact that Respondent/Defendant resides in Florida, Petitioner/Plaintiff is requesting a sixty (60) day continuance of the hearing scheduled for July 21, 2014 to allow time for Petitioner/Plaintiff's counsel to complete discovery and adequately prepare for the hearing. 0169516- 10. Pursuant to Cumberland County Local Rule 208.2(d), Petitioner/Plaintiff's counsel contacted Respondent/Defendant to obtain his concurrence to the instant Motion. Respondent/Defendant does not concur. WHEREFORE, Petitioner/Plaintiff requests this Honorable Court to: (a) Enter an Order continuing argument scheduled for July 21, 2014 to a date no earlier than September 21, 2014; (b) Such other relief as the Court deems just and proper. Respectfully Submitted, STOCK AND LEADER, LLP BY: Gr . Bair, Esquire AtWrney I.D. #208156 221 W. Philadelphia Street, Ste. E600 York, Pennsylvania 17401-2994 (717) 846-9800 Attorney for Petitioner/Plaintiff 0169516- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW SANDRA H. OSTERLUND Petitioner/Plaintiff No.: 48 EQ 92 V. In Equity JAN A. OSTERLUND Respondent/Defendant CERTIFICATE OF SERVICE AND NOW, this / l day of , 2014, I, Gregory W. Bair, II, Esquire, of the law firm of Stock and Leader, LLP, attorneys for Petitioner/Plaintiff, hereby certify I served the within Motion to Continue Argument Scheduled for July 21, 2014, this day by depositing the same in the United States mail, first-class mail, postage prepaid, in York, Pennsylvania, addressed to: Jan A. Osterlund 10340 Nina Court New Port Richey, FL 34654 Respondent/Defendant,pro se STOCK AND LEADER, LLP By: //�� '�� - Gre . Bair, II, Esquire I.D.No. 8156 Susquehanna Commerce Center East 221 West Philadelphia Street, Suite E600 York, Pennsylvania 17401-2994 (717) 846-9800 Attorney for Petitioner/Plaintiff 0169516- 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND Petitioner/Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND Respondent/Defendant AND NOW, this ORDER day of , 2014 upon consideration of the foregoing Motion, it is hereby ordered that: 1. The Motion to Continue is GRANTED. 2Argument scheduled for July 21, 2014 at 11:00 is continued to 2014 in Courtroom of the Cumberland County Courthouse at AZ) a.m./.pm. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND Docket No. 1992 - 48 Plaintiff c-) r r— < c3 v(-) C;) PLAINTIFF'S .FIRST SET OF INTERROGATORIES - DIRECTED TO DEFENDANT v. In Equity JAN A. OSTERLUND Defendant CERTIFICATE OF SERVICE AND NOW, this 2`' day of , 2014, I, Gregory W. Bair, III, Esquire, of the law firm of Stock and ader, attorney for Plaintiff, hereby certify that I served the within Plaintiff's First Set of Interrogatories Directed to Defendant this day by depositing the same in the United States mail, postage 'prepaid, in York, Pennsylvania, addressed to: JAN A. OSTERLUND 10340 Nina Court New Port Richey, FL 34654 Defendant, pro se STOCK AND LEADER BY: Grego ; W Bair, II, squire ID # :156 Susquehanna Commerce Center East 221 West Philadelphia St., Suite E600 York, PA 17404 (717) 846-9800 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND Docket No. 1992 - 48 Plaintiff v. In Equity JAN A. OSTERLUND Defendant C. C') e-" -r; --i -1S rte C fit" :c- r co —� G <a -o 1 G Nc PLAINTIFF'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT CERTIFICATE OF SERVICE AND NOW, this Z' day of , 2014, I, Gregory W. Bair, III, Esquire, of the law firm of Stock and Leader, attorney for Plaintiff, hereby certify that I served the within Plaintiff's First Set of Requests for Production of Documents Directed to Defendant this day by depositing the same in the United States mail, postage prepaid, in York, Pennsylvania, addressed to: JAN A. OSTERLUND 10340 Nina Court New Port Richey, FL 34654 Defendant, pro se STOCK AND LEADER BY: 0172481 - Grego ID #20 Susquehanna Commerce Center East 221 West Philadelphia St., Suite E600 York, PA 17404 (717) 846-9800 Counsel for Plaintiff r, II, Esquire Q� ` `� 1ifa 1, JUL 30 pt1 2: YLVANI hl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND Docket No. 1992 - 48 Plaintiff v. In Equity JAN A. OSTERLUND Defendant CERTIFICATE OF SERVICE AND NOW, this ,2 "day of , 2014, I, Gregory W. Bair, II, Esquire, of the law firm of Stock and Leader, a . rneys for Plaintiff hereby certify that I served the within Notice of Telephonic Deposition by depositing same in the United States mail, first- class, postage prepaid, in York, Pennsylvania addressed to: 0173236 - Jan A. Osterlund 10340 Nina Court New Port Richey, FL 34654 STOCK AND LEADER BY Afraisaft — REG* ' BA" II, Esquire Atto -y for Plaintiff I.D. #208156 Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 Telephone: (717) 846-9800 SANDRA H. OSTERLUND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JAN A. OSTERLUND, :.48 EQUITY 1992 DEFENDANT : PACSES NO. 231000038 AND NOW, this ORDER OF COURT day of September, 2014, Plaintiff's Petition for Enforcement of April 20, 1988 Property Settlement Agreement is GRANTED. We DIRECT the Domestic Relations Office to garnish the Defendant's Social Security benefits in the amount of $777.00 per month. By the Court, Albert H. Mas and, J. Gregory W. Bair, II, Esquire Susquehanna Commerce Center East 221 W. Philadelphia St., Ste. E600 York, PA 17401-2994 an A. Osterlund, Pro se 10340 Nina Court New Port Richey, FL 34654 Domestic Relations Office -. cor �Y � :sal C0 es Q/?! ti SANDRA H. OSTERLUND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JAN A. OSTERLUND, : 48 EQUITY 1992 DEFENDANT : PACSES NO. 231000038 MEMORANDUM OPINION AND ORDER OF COURT Masland, J., September 16, 2014: -- Before the court is the Petition for Enforcement of April 20, 1988 Property Settlement Agreement filed by Plaintiff on May 9, 2014. On May 21, 2014 Defendant filed an Answer to Petition 5-16-2014, which he failed to serve upon Plaintiff or her attorney. Nevertheless, in light of that filing, the court denied Plaintiff's motion to make its rule absolute and directed the parties to appear for argument on July 21, 2014 as originally ordered by the court. We granted Plaintiff's request for a continuance so that she could obtain discovery from Defendant prior to argument. On September 15, 2014 argument was held. The Defendant was properly notified, but failed to appear. In short, Plaintiff requests the court to garnish the social security benefits of Defendant in their entirety. As evidenced by Defendant's aforesaid answer and by the documents submitted by Plaintiff at the time of argument, it is clear that Defendant receives social security in the amount of $1,554 per month. However, it is not clear from the record what, if any, additional income Defendant may have. Although Plaintiff argues that as a court of equity, we could garnish the full amount of Defendant's benefits, even a court of equity requires more than speculation. 48 EQUITY 1992 As noted by Plaintiff, the court is permitted to attach up to 50 percent of Defendant's gross earnings. 23 Pa.C.S. § 3703. Further, it is clear that "social security benefits may be garnished for enforcement of alimony pursuant to § 459 of the Social Security Act, 42 U.S.C. § 659." Dudas v. Pietrzykowski, 849 A.2d 582, 586 (Pa. 2004). Unfortunately for Plaintiff, this legal authority, even when coupled with our powers in equity, does not allow us unbridled discretion. Thus, until we have verification of additional sources of income, we will base our order on the only definite source and, accordingly, enter the following order: ORDER OF COURT AND NOW, this /l day of September, 2014, Plaintiff's Petition for Enforcement of April 20, 1988 Property Settlement Agreement is GRANTED. We DIRECT the Domestic Relations Office to garnish the Defendant's Social Security benefits in the amount of $777.00 per month. Gregory W. Bair, II, Esquire Susquehanna Commerce Center East 221 W. Philadelphia St., Ste. E600 York, PA 17401-2994 Jan A. Osterlund, Pro se 10340 Nina Court New Port Richey, FL 34654 Domestic Relations Office :sal -2- By the Court, Albert H. Masland,'J. 1 —N. INCOME WITHHOLDING FOR SUPPORT ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) Q AMENDED IWO Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO ;31 b00035 1- £6 92, Date: 09/19/14 ❑ Child Support Enforcement (CSE) Agency ® Court ❑ Attorney ❑ Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs gov/programs/cse/forms/OMB-0970-0154 instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania City/County/Dist./Tribe CUMBERLAND Private Individual/Entity Remittance Identifier (include w/payment): 0873000023 Order Identifier: (See Addendum for order/docket information) CSE Agency Case Identifier: (See Addendum for case summary) SOCIAL SECURITY ADMINISTRATION Sent Electronically DO NOT MAIL Employer/Income Withholder's FEIN Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: OSTERLUND, JAN A. Employee/Obligor's Name (Last, First, Middle) 181-38-4842 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf. hhs.gov/orograms/cse/forms/ OMB -0970-0154 instructions.pdt). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 2197100277 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. 0.00 per month in current child support C) 0.00 per month in past -due child support - Arrears 12 weeks or greater? C) ye td naw t -rt-...- rn r r- 72. A -TJ w r•r} EI;r— f`.) C' _.<> (") --4 r- ..c -n ..—c - CD . for a Total Amount to Withhold of $ 2,291.33 per month. x' = ., > _ '.. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 527.32 per weekly pay period. $ 1,054.64 per biweekly pay period (every two weeks) $ 2,291.33 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. 0.00 per month in current cash medical support 0.00 per month in past -due cash medical support 2,083.33 per month in current spousal support 208.00 per month in past -due spousal support 0.00 per month in other (must specify) $ 1,145.67 per semimonthly pay period (twice a month) REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State[Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at htto://www.acf.hhs.gov/orograms/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No.: 0970-0154 Form EN -428 11/13 Worker ID $OINC ❑ Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: SEPTEMBER 19, 2014 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. E If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S 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. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http:/Jwww.acf.hhs.gov/programs/cse/newhire/employer/contacts/contactmap.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past -due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN -428 11/13 Service Type M Page 2 of 3 Worker ID $OINC Employer's Name: SOCIAL SECURITY ADMINISTRATION Employer FEIN: Employee/Obligor's Name: OSTERLUND, JAN A. 0873000023 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2197100277 Q This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST,. P.O. BOX 320. CARLISLE, PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.: 0970-0154 Service Type M Page 3 of 3 Form EN -428 11/13 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: OSTERLUND, JAN A. PACSES Case Number 231000038 Plaintiff Name SANDRA H. OSTERLUND Docket Attachment Amount 48 EQ 92 $ 2,291.33 Child(ren)'s Narne(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Docket Attachment. Amount $ 0.00 Child(ren)'s Name(s): Addendum OMB No.: 0970-0154 Form EN -428 11/13 Worker ID $OINC IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, NO.48 EQ 92 Plaintiff V. JAN A. OSTERLUND, Defendant C) ra •�; r rn T--- tv -r, Cil a c CIVIL ACTION - LAW IN DIVORCE' PETITION TO OPEN JUDGMENT NOW COMES the Defendant, Jan Osterlund ("Defendant"), by and through his attorneys, Keith E. Kendall, Esq., and Scaringi & Scaringi, P.C. to file the within Petition to Open Judgment, and in support thereof, avers that: 1. On April 20, 1988, Plaintiff and Defendant executed a Divorce Settlement Agreement (Exhibit A hereto). 2. In the Agreement, the Defendant agreed to pay alimony to the Plaintiff in the amount of $25,000 per year, for the rest of Plaintiff's life or until her remarriage. 3. On April 20, 1988, the parties also executed an Addendum to Divorce Settlement Agreement (Exhibit B hereto), by which the provision regarding alimony was amended to include payment of the alimony to Plaintiff from Defendant's estate, for 5 years after Defendant's death. 4. The Defendant resides in Florida, and is currently retired. 5. The only income the Defendant has is his Social Security benefits in the amount of $1,554.00 per month, resulting in annual income of $18,648.00 (See Exhibit C hereto). 6. On or about May 8, 2014, the Plaintiff filed a Petition for Enforcement of the April 20, 1988 Property Settlement Agreement ("Petition") to the above caption, seeking an award of arrears on the alimony set forth in the Divorce Settlement Agreement; and seeking to have Defendant's Social Security benefits garnished, in order to pay such award. 7. The Defendant's current financial condition prohibited the Defendant from actively defending against Plaintiff's Petition by personally appearing at the hearing of this matter on September 15, 2014, or from seeking legal representation to assist him to do so. 8. The Defendant nevertheless obtained sufficient funds to pay a local attorney $300.00 to assist him in defending against the Petition, but the attorney failed or refused to assist Defendant, or appear on Defendant's behalf, after accepting the said payment of $300.00. 9. By Order dated September 16, 2014, the Court granted Plaintiff's Petition, and awarded to Plaintiff the amount of $777.00 per month, to result from the garnishment of 50% of Defendant's Social Security benefits. 10. The Defendant has had to borrow the funds necessary to employ his current legal counsel. 2 11. Defendant requests that the Court's judgment of September 16, 2014 be opened, for the following reasons: a. Defendant's attorney received proper notice of the July 16, 2014 Order directing that argument on the Petition occur on September 15, 2014. However, Defendant was informed by his attorney that the attorney would make appearances and Defendant did not have to do anything. b. The Award to Plaintiff of 1/2 of Defendant's Social Security retirement benefits is confiscatory; c. The 1988 Divorce Settlement Agreement is unconscionable in its impact on Defendant's current reality, and tantamount to a contract of adhesion; d. The Court relied upon the Divorce Code to justify its award of 50% of Defendant's retirement income, without considering the Code's requirements that (1) alimony be reasonable; and (2) up to 50% of Defendant's "wages" be attached, whereas Defendant's Social Security retirement benefits are not "wages;" e. The Court did not consider the Plaintiff's income in arriving at its judgment granting the relief requested in the Petition; and 3 f. Defendant did not have a sufficient opportunity, during the proceedings prior to the Court's judgment, to defend against Plaintiffs enforcement Petition. 12. The Honorable Albert H. Masland issued a prior Order in this matter regarding the garnishment. 13. Defendant's counsel has sought the concurrence of Plaintiffs Counsel in the relief requested herein. Plaintiffs Counsel does not concur. WHEREFORE, Defendant requests that the Court open the judgment of September 16, 2014, in order to allow the Defendant an opportunity to present its defenses, as hereinbefore set forth, to Plaintiffs Petition for Enforcement. Date: September 25, 2014 4 Respectfully submitted, Keith E. Ken. all, Esq. Attorney for Defendant PA Attorney No. 42910 SCARINGI & SCARINGI, P.C. 20 North Hanover Street Carlisle, PA 17013 (717) 960-0075 keith@scaringilaw.com VERIFICATION I, Jan A. Osterlund, Defendant herein, verify that the statements made. herein are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of '18 P.S. §4904, relating to unsworn falsifica on to . uthorities. Date: g-th 7,ct Jan A. Olt. rlund, Defendant DIVORCE SETTLEMENT AGREEMENT THIS AGREEMENT, made between JAN A. OSTERLUND, herein called "Jan", and SANDRA H. OSTERLUND, herein called "Sandra", at Pittsburgh, Pennsylvania. WITNESSETH: a WHEREAS, the parties hereto are Husband and Wife, having been married on June 3, 1983, in Camp Hill, Pennsyl- vania. There were two children born of this marriage, said children being: Carlee, age 14, and Matthew, age 17. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Sandra and Jan to live separate and apart for the rest of their natural lives, and the parties here- to are desirous of settling fully and finally their respect- ive financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Sandra by Jan or of Jan by Sandra; the settling of all matters between them relating to the past, present and future support and/or -maintenance 1 EXHIBIT A 4.1 of the children; the implementaion of custody/visitation/ .. partial custody arrangements of the children and in general, the settling of any and all claims and possible claims by one against the other or against their respect- ive estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Sandra and Jan, each intending to be legally bound hereby, covenant and agree as follows: 1. This Agreement shall not be considered to affect or bar the right of Sandra or Jan to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to con- done and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 2. The parties agree that unless otherwise specifi- cally provided herein, this Agreement shall continue in 2 full force and effect after such time as a final decree divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agree- ment shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addi- tion to any other remedies which may be available pur- suant to the terms of this Agreement or otherwise under. law or equity. 3. The parties agree that the terms of this Agreement shall be incorporated but mot merged into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter,of the Agreement for the purpose of enforcement of -any of the provisions thereof. 4. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. For the purpose of this Agreement, the term "distribution date" shall be defined as the date of execution of this Agreement unless otherwise specified herein. 6. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, David.D. DeAngelis, Esquire for Sandra and, Charles Stone, Esquire for Jan. The parties acknowledge that they have received independent legal advise from counsel of their selection and that they fully understand the facts and have been fully in- formed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable -and that it is being entered into freely and voluntarily, after having re- ceived such advise and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive and, specific enumeration thereof for the purposes of this Agreement Each party agrees that he and she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agree- ment, with the exception of disclosure that may have been fraudulently withheld. 7. Sandra and Jan may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Sandra and Jan shall not nclest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 8. Jan and Sandra each do hereby mutually remise, release, quitclaim and forever discharge. the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engage- ments or liabilities of such other or by way of dower or 5 curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testa- mentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of pro- perty, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 6 9. The parties hereby agree that Sandra shall have her choice of all household furnishings, including but not limited to furniture, rugs, oriental pieces, knicknacks, curtains, appliances, works of art, and any other items which she wishes. Said property shall become the sole and exclusive property of Sandra. Any remaining personalty shall become the sole and exclusive property of Jan. 10. The parties hereby acknowledge that LoJan Associates holds the lease on a 1987 Cadillac Eldorado. The parties hereby agree that Sandra shall have full, complete and exclusive use and possession of said automobile. LoJan Associates shall be solely respons- ible for all lease payments., taxes and insurance on the leased vehicle. When the lease is ended, the parties hereby agree that the automobile shall be transferred into Sandra's name, and she shall become the sole owner of the automobile. The parties further agree that if the automobile is sold, Sandra shall receive any monies from the sale of the automobile. 11. Sandra shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Jan all of Sandra's right title and interest in and to the real estate situate at and 7 known as 1515 Slate Hill Road. The said conveyance shall be subject to any liens and encumbrances including the lien of the existing mortgage which obligations are hereby assumed by Jan, and shall be under and subject to any covenants and restrictions of record. The said documents shall be executed by Sandra and delivered to Jan on the date of execution of this Agreement. Jan shall indemnify Sandra and hold Sandra harmless for and against any and all such liability which may arise from Jan's failure to make timely payments upon the mortgage. Jan shall be solely responsible for all taxes, expenses, maintenance and insurance, on said real property. Jan hereby agrees to refinance the mortgage in his name only and to do so as expeditiously as possible. 12. The parties further agree that Jan (or LoJan Associates) shall purchase for Sandra her choice of a house. The parties acknowledge that Sandra has already selected an appropriate parcel of real estate with a house thereon. Said real estate shall be deeded to Sandra, free and clear of all liens and encumbrances 8 of any type, including any mortgage. Jan (or LoJan • Associates) shall be solely responsible for all closing costs and other expenses connected with the purchase of. said real property. 13. Jan agrees to pay to Sandra for her separate support and maintenance the following sums of money according to the following schedule: Sandra shall receive the sum of $25,000.00 per year in equal payments two times a month. 14. The parties acknowledge that neither party will be required to pay child support, since each party will have custody of one of the children according to the terms of the Agreement. 15. Jan shall provide Blue Cross, Blue Shield, Major Medical or equivalent coverage for the benefit of Sandra until such time as Sandra remarries. 16. The parties agree that the entire amount being paid to Sandra pursuant to Paragraph 13 of this Agreement is a separate maintenance periodic payment, in discharge of a -legal obligation which, because of the marital or family relationship, is imposed upon or incurred by Jan under a written instrument incident to a divorce and that such payment is included and intended to be included with the income of the Sandra within the meaning and in- tent of Section 71 of the United States Internal Revenue 9 Code of 1954, as amended, and deductible from Jan's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954, as amended. Sandra agrees that all said payments shall be included as income of Sandra in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. 17. The parties agree that legal custody of the children shall be as follows: Jan shall have custody of Matthew, age 17, and Sandra shall have custody of Carlee, age 14. Each shall have liberal visitation and physical custody according to a schedule to be agreed upon by the parties which shall be consistent with the best interests and welfare of the said child- ren. 18. In addition to any provisions which may be contained herein regarding custody and physical custody, each shall have the following rights with respect to the children: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. 10 19. The parties hereby agree that in connection with questions dealing with the education of minor child- ren as well as anyextraordinary medical or dental pro- cedures, each party shall be consulted whenever practical, concerning the course of any proposed treatment or the decisions relevant to any educational consideration including the choice of college, university or technical school should the occasion arise for such consideration. 20. In the event of any serious illness of any of the children at any time, the party then having physical custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as she or he desires, consistent with the proper medical care of the said child. The word "illness" as used herein shall mean any disability which confines the child to be under the direction of a licensed physician for a period in excess of forty-eight (48) hours. 21. Each shall confer with the other on all matters of importance relating to the child's health, maintenance and education for the purpose of obtaining and following a harmonious policy in the child's best 11 interests and welfare: Each shall keep the other informed of the progress of the child's education and social adjustments. 22. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counselling, and that they both consent to the entry of a decree in divorce pursuant to Section 201(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as The Code). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents. Upon request, to the extent permitted by law and the appli- able Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 23. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 12 24. During the course of the marriage, Sandra and Jan have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Jan shall be solely responsible for all outstanding debts, loans, charge cards and any gambling debts. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which, pursuant to the terms herein, are the responsibility of that party. 25. Jan and Sandra shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. 26. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or de- fault hereunder shall be deemed a waiver of any sub- sequent default of the same or similar nature. 27. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving 13. full force and effect to the provisions of this Agreement. 28. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 29. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, adminstrators, successors and assigns. 30. This Agreement constitutes the entire understand- ing of the parties and supersedes any and all prior agree- ments and negotiations between them. There are no repre- sentations or warranties other than those expressly set forth herein. 31. Sandra and Jan covenant and agree that they will execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 32. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any pro- vision hereof be construed as a waiver of any subsequent 14 default or breach of the same or similar nature, nor shall' it be construed as a waiver of strict performance of any other obligations herein. 33. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees, and costs of litigation that either may sustain, or incur or become liable for, in any way what- soever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whoe or in part, before there would be any liability for attorney's fees, and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 34. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. IN WITNESS WHE7 ( A 11 their hands written. d se OF, the parties hereto have set is the day and year first above 111164 ESS COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the 44j day of (44,., Public, the undersigned officer, personally appeared JAN A. OSTERLUND, known to we. (or satisfactorily proven) to be the person whose name is subscribed to the within Divorce Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. , 1988, before me a Notary ff Not y Pub KAYE RENEE LUCKEY, Notary Pubtk New Cumberland, Cumberland Co. Pa. Mt :.,mmission Expires March 27. 1989 COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF On this, the v?p_,/t day of , 1988, before me a Notary Public, the undersigned officer, personally appeared SANDRA H. OSTERLUND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Divorce Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. $-/-8b Prot. Rep. BY { ______ Notary KAYE RENEE LUCKEY, Notary Pubite Hew Cumberland, Cumberland Co., Pa. My Commission Expires March 27. 1989 4E & STONE nays et Lew 3rldge Street ,mberlend. Pe. 17070 ADDENDUM TO DIVORCE SETTLEMENT AGREEMENT THIS ADDENDUM to the Divorce Settlement Agreement made between'JAN A. OSTERLUND and SANDRA H. OSTERLUND dated � a d , 1988, is made this 010-44day of April, 1988, as follows: 1. Sandra has selected the property at 409 Deerfield Road, Lower Allen Township, Cumberland County, Pennsylvania, as the house to be purchased for her by Jan under the terms of the Agreement and Jan has agreed to purchase this house and convey it to her free and clear of liens and encumbrances with a special warranty deed. 2. Jan and Sandra both understand and agree that the house at 409 Deerfield Road cannot be conveyed to Sandra and Sandra cannot convey the pro- perty at 1515 Slate Hill Road, Lower Allen Township, Cumberland County, Pennsylvania, to Jan until such time as a divorce decree is finally granted by the court. 3. The parties therefore agree that they will execute and acknowledge deeds for these properties, but that these deeds will be held in escrow by Charles H. Stone, Esquire, until such time as a final decree in divorce is granted, at which time the deeds will be delivered to the respective parties so that they may be recorded. 4. Sandra understands that in order for Jan to obtain the necessary financing from the Dauphin Deposit Bank and Trust Company in the amount of Ninety Thousand ($90,000.00) Dollars so that he can purchase the Deerfield Road house on March 31, 1988, as required by his contract with the seller of that property, he must supply to Dauphin Deposit Bank and Trust Company a FRE:.‘ $-I-Y71 hot. ot. Res • C.U.C. EXHIBIT B R., /MR Page 1 )NE & STONE )mete at Lew . Bridge Street ,'.umberlend. Pe. 17070 second lien on the property at 1515 Slate Hill Road, and that since that pro- perty' will still be titled in Jan and Sandra's name, it is necessary that Sandra sign the note and mortgage and- other papers required by Dauphin Deposit Bank and Trust Company in connection with this transaction. Jan specifically. agrees that he,will refinance this loan as soon as possible after the divorce decree is granted and the property at 1515 Slate Hill Road is placed in his.' name alone so that Sandra's name will be removed from both this Ninety Thousand ($90,000.00) Dollar note and the present mortgage in the amount of Three Hundred Twenty-six Thousand ($326,000.00) Dollars held by CCNB Bank, N. A. Jan agrees to indemnify and save harmless Sandra from any loss or damages, including reasonable attorney's fees, resulting from his failure to comply with this covenant. 5. The Agreement is further amended as follows: A. Paragraph 10 is amended to provide that Jan, rather than Lojan Associates, shall be responsible for all lease payments, taxes,'and insurance. To the extent that Lojan Associates is involved in the transac- tion, Jan will cause Lojan Associates to execute and deliver any necessary documents. B. Paragraph 13 is amended to add thereto the following sentence: "In case of the death of Jan prior to the death of Sandra, Jan's estate will be liable for the continued payment of the Twenty-five Thousand ($25,000.00) Dollars per year for an additional five (5) years, or sixty (60) months, com- mencing with the first day of the month in which Jan's death occurs, provided further that said payments shall cease upon the death of Sandra prior to the end of this five '(5) year period, and provided further that Jan agrees to make Sandra the beneficiary of life insurance in the amount of Fifty Thousand Page 2 ($50,000.00) Dollars, said life insurance payment to be in addition to the Twenty—five Thousand ($25,000.00) Dollar per year payment as provided for in. this paragraph." 6. The parties restate the provisions of paragraph 6 of the Agreement pertaining to legal advice by their respective counsel, David D. DeAngelis, Esquire, for Sandra, and Charles H. Stone, Esquire, for Jan. The provisions of paragraph 6 apply fully to this Addendum. 7. In all other respects, the original Divorce Settlement Agreement • between the parties is hereby ratified, confirmed, and restated. IN WITNESS WHEREOF, the parties have her nt. set their bands and • seals this 4,64 day of April, 1988. Witness )NE & STONE )rney• et Law • Bridge Street 2urriberlericl, Pe. 17070. Page 3 (SEAL) / er (SEAL) fitt.z) g- friet frt. Reg. C.O.Cs )NE & STONE arneye at Law Bridge Strut .'umberlend. Pa. 17070 COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the ,e4 day of , 1988, before me a Notary Public, the undersigned officer, personally appeared JAN A. OSTERLUND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Addendum to Divorce Settlement Agreement, and acknowledged that he executed the same for the purposestherein contained. IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. KAYE RENEE LUCKEY, Notary Public New Cumberland, Cumberland Co., Pa. My Commission Expires March 37, )?I COMMONWEALTH OF PENNSYLVANIA:' :SS: COUNTY OF CUMBERLAND Not ry Pu On this, the day of �� , 1988, before me a Notary. Public, the undersigned officer, personally appeared SANDRA H. OSTERLUND, known to me (or satisfactorily proven) to be the person whose name 3s sub— scribed to the within Addendum to Divorce Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. l) S -i -Dg Prot. Reg. C.O.C, Bi 8R d No Pu KAYE RENEE LUCKEY, Notary Public New Cumberland, Cumberland Co., Pa. My Commission Expires March 27, 1989 TAYLOR -SAGER BOOKKEEPING SERVICE 3655 W. Anthem Way, #A109-262 Anthem, Arizona 85086-0430 September 10, 2014 Phone: 623-465-1333 Fax: 623-465-1345 To Whom It May Concern: I was asked to write a statement regarding the tax filings for Jan Osterlund. The last tax return filed for Jan was for the tax year 2010. On his 2010 tax return he had Social Security benefits and $12,095 in income from his share of the partnership Zip It Antiques an online business that sells china and crystal. Jan is no longer active with the Zip It Antiques and has a 0% interest in the company. All income from the company belongs to his business partner since January 1, 2011. The reason Jan does not file tax returns any longer is because Social Security benefits by themselves are not taxable and as Jan does not have any other income he does not have to file a tax return. I hope this letter has addressed the tax questions regarding Jan Osterlund's current and recent tax and income status. Very truly yours, Brenda Taylor -Sager CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing PETITION TO OPEN JUDGMENT upon counsel for the Plaintiff, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addresses as follows: Date: September 25, 2014 Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 stina icole, law clerk IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff v. JAN A. OSTERLUND, Defendant • • • • • • • NO. 48 EQ 92 n c. Cf) r. CIVIL ACTION - LAW { IN DIVORCE RULE AND NOW, this 'day o , 2014, upon consideration of the foregoing petition, it is hereby ordered that: (1) C)LLD A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) The respondent shall file an answer to the petition within Rt2 days of this date Or414"1 4;4ar4 Go". "'II 16 , « i ¢4,0b a ... fa^ Kdie fee TZ ,Z • ( 4ammmonamr•g" rnt clneZ.Mk'gll€1. Geotattieem says o s sate; oz2 Notice of the entry of this order shall be provided to all parties by the Defendant. /Distribution List: ✓ 'ill E. Kendall, Esq., Scaringi & Scaringi, P.C., 20 North Hanover Street, Suite 201, Carlisle, PA 17013 Gregory W. Bair, II, Esq., Susquehanna Commerce Center, East Building, 6th Floor, 221 West Philadelphia Street, York, PA 17404 'C. lnicsity IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, : NO. 48 EQ 92 Plaintiff V. JAN A. OSTERLUND, Defendant -o rn z c.nr" •C CD CIVIL ACTION - LAW -55 IN DIVORCE •-•< C.P CX.1 CL7- CD- REQUEST FOR TRANSCRIPT A Notice of Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript from the hearing held September 15, 2014 in this matter, before the Hon. Albert H. Masland, S.J., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure, Date: October 6, 2014 Respect d,. Keith E. Kendall, Esq. Attorney for Defendant PA Attorney No. 42910 Scaringi & Scaringi, P.C. 20 North Hanover Street, Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scwingilaw.com CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing REQUEST FOR TRANSCRIPT upon counsel for the Plaintiff and related entities, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addresses as follows: Date: October 7, 2014 Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 Kri tina Nicole, law clerk Keith E. Kendall, Esq. Scaringi & Scaringi, P.C. 20 North Hanover Street, Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scaringilaw.com tip { `c 1 t o TA R 2114 CCT -7 AN CO CUMBERLAND PENNS Y1+ A NIA COUNTY IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff v. JAN A. OSTERLUND, Defendant • • • • • NO. 48 EQ 92 CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: SANDRA H. OSTERLUND c/o Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 You are hereby notified to file a written response to the enclosed Motion within twenty (20) days from service hereof or a judgment may be entered against you. Date: October 7, 2014 Keith E. Kendall, Esq. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, • Plaintiff v. JAN A. OSTERLUND, Defendant • • • NO. 48 EQ 92 • CIVIL ACTION - LAW • IN DIVORCE MOTION TO SET ASIDE/STAY ORDER OF GARNISHMENT PURSUANT TO PA.R.A.P. 1732 NOW COMES the Defendant, Jan Osterlund ("Defendant"), by and through his attorneys, Keith E. Kendall, Esq., and Scaringi & Scaringi, P.C. to file the within Motion to Set Aside/Stay Order of Garnishment, and in support thereof, avers that: 1. The Defendant is a party to a divorce action initiated in the Cumberland County Court of Common Pleas under Docket No. 48 EQ 92, and currently resides in Florida. 2. A Memorandum Opinion and Order was issued on September 16, 2014 in the Cumberland County Court of Common Pleas under Docket No. 48 EQ 92 garnishing Defendant's monthly social security in the amount of $777.00 (50% of Defendant's monthly benefit) and directing Domestic Relations to withhold this amount. See Exhibit A, incorporated herein by reference, made a part hereof. 3. On September 19, 2014, Domestic Relations Section (of Cumberland County) issued an Income Withholding for Support ordering the Social Security Administration to withhold $2,291.33 per month. See Exhibit B, incorporated herein by reference, made a part hereof. 4. Defendant is retired with a monthly social security payment of $1,554.00 per month, his only source of income totaling $18,648.00 annually. See Exhibit C, incorporated herein by reference, made a part hereof. 5. On October 1, 2014, the Social Security Administration provided Defendant with a notice that his monthly payment will be garnished by $1,010.00 each month, leaving him with a monthly benefits payment of $543.90. See Exhibit C. 6. If the garnishment is allowed, Defendant will neither be able to provide for his basic necessities, such as food, housing, electricity and phone, nor be able to be properly represented by counsel in order to resolve this matter. 7. Defendant was not properly represented and should not be deprived of his small amount of monthly income based upon failure of sufficient opportunity to defend his case. 8. Defendant should be allowed to be heard with all the facts concerning the following: a. His limited income; 2 b. An unconscionable divorce settlement agreement and addendum dated April 20, 1988 (See Exhibit D, incorporated herein by reference, made a part hereof.), similar to contracts of adhesion; c. Plaintiff's untimely delay in addressing alimony arrears; d. The confiscatory nature of the Court's award of 50% of Defendant's monthly benefits, and potential withholding by the Social Security Administration, of up to 65% of social security benefits .(See Exhibit E, incorporated herein by reference, made a part hereof.); e. The erroneous withholding amount ordered by Domestic Relations to the Social Security Administration, calculating arrearages owing, regular support owing and the garnishment ordered, in effect collecting twice for arrearages—without authority to do so; f. Social Security Administration's inability to question the amount ordered by Domestic Relations and the amount ordered by the Court, i.e. $2,291.33 vs. $777.00 per month or knowledge of Pennsylvania's Divorce Code allowing reasonable alimony and 50% of wages attaching, not 50% of retirement benefits. 9. The Defendant has filed a Notice of Appeal, contemporaneously herewith. 10. Pursuant to Rule 1731(a) of the Pa. Rules of Appellate Procedure ("Pa.R.A.P."), an appeal operates as a supersedeas "upon the filing with the clerk of the lower court of security in the amount of 120% of the amount found to be due by the lower court and remaining unpaid." 11. A garnishment order in the amount of $777.00 per month until a judgment of $79,917.67 would require, by operation of Pa.R.A.P. 1731(a), that Defendant post security in the confiscatory amount of $95,901.20. 12. The Defendant is an elderly, retired man living off a small monthly social security retirement benefit of $1,554.00, and is not able to afford to pay the amount of $95,901.20 as security for his appeal, thereby effectively preventing him from pursuing an appeal, if the Rule is fully enforced. 13. Defendant's counsel has sought the concurrence of Plaintiff's Counsel in the relief requested herein. Plaintiff's Counsel does not concur. WHEREFORE, the Defendant requests that the Court set aside and/or stay the Order of Garnishment involved in this divorce case, and that the Court direct that the Defendant be permitted to proceed without posting security, or 4 with the posting of a reasonable security that the Defendant may be able to afford. Date: October 6, 2014 5 Respectfully submitted, Keith E. Kendall, Esq. Attorney for Defendant PA Attorney No. 42910 SCARINGI & SCARINGI, P.C. 20 N. Hanover Street, Ste. 201 Carlisle, PA 17013 (717) 960-0075 keith@scaringilaw. corn EXHIBIT A SANDRA H. OSTERLUND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JAN A. OSTERLUND, : 48 EQUITY 1992 DEFENDANT : PACSES NO. 231000038 MEMORANDUM OPINION AND ORDER OF COURT Masland, J., September 16, 2014: -- Before the court is the Petition for Enforcement of April 20, 1988 Property Settlement Agreement filed by Plaintiff on May 9, 2014. On May 21, 2014 Defendant filed an Answer to Petition 5-16-2014, which he failed to serve upon Plaintiff or her attorney. Nevertheless, in light of that filing, the court denied Plaintiffs motion to make its rule absolute and directed the parties to appear for argument on July 21, 2014 as originally ordered by the court. We granted Plaintiffs request for a continuance so that she could obtain discovery from Defendant prior to argument. On September 15, 2014 argument was held. The Defendant was properly notified, but failed to appear. In short, Plaintiff requests the court to garnish the social security benefits of Defendant in their entirety. As evidenced by Defendant's aforesaid answer and by the documents submitted by Plaintiff at the time of argument, it is clear that Defendant receives social security in the amount of $1,554 per month. However, it is not clear from the record what, if any, additional income Defendant may have. Although Plaintiff argues that as a court of equity, we could garnish the full amount of Defendant's benefits, even a court of equity requires more than speculation. 48 EQUITY 1992 • As noted by Plaintiff, the court is permitted to attach up to 50 percent of Defendants gross earnings. 23 Pa.C.S. § 3703. Further, it is clear that "social security benefits may be garnished for enforcement of alimony pursuant to § 459 of the Social Security Act, 42 U.S.C. § 659." Dudas V. Pietrzykowski, 849 A.2d 582, 586 (Pa. 2004). Unfortunately for Plaintiff, this legal authority, even when coupled with our powers in equity, does not allow us unbridled discretion. Thus, until we have verification of additional sources of income, we will base our order on the only definite source and, accordingly, enter the following order: AND NOW, this ORDER OF COURT /P day of September, 2014, Plaintiff's Petition for Enforcement of April 20, 1988 Property Settlement Agreement is GRANTED. We DIRECT the Domestic Relations Office to garnish the Defendant's Social Security benefits in the amount of $777.00 per month. Gregory W. Bair, II, Esquire Susquehanna Commerce Center East 221 W. Philadelphia St., Ste. E600 York, PA 17401-2994 Jan A. Osterlund, Pro se 10340 Nina Court New Port Richey, FL 34654 Domestic Relations Office :sal -2- By the Court, Albert H. Masland, J. EXHIBIT B In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 JAN A. OSTERLUND 10340 NINA CT NEW PORT RICHEY FL 34654=2501 SEPTEMBER 19, 2014 Fax: (717) 240-6248 Plaintiff Name: SANDRA H. OSTERLUND Defendant Name: JAN A. OSTERLUND Docket Number: 48 EQ 92 PACSES Case Number: 231000038 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Case Status Dear JAN A. OSTERLUND In an effort to keep you informed concerning the progress of the above case the following information its provided:. Pursuant to Judge Masland' s order of September 16, 2014, an alimony account has been established and an income withholding order will generate to the Social Security Administration for 50% of your monthly benefit amount. If you make any direct payment to Ms. Osterlund, please advise the undersigned for credit to you account. The current balance as of this date is $85,416.61. The undersigned has been assigned to your case and you contact me at 717-240-6545 or by e-mail ar7. rshad day@pacses. com Service Type M Sincerely, R. J. SHADDAY Form EN -545 03/11 Worker ID 21005 INCOME WITHHOLDING FOR SUPPORT 0 ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) o AMENDED IWO o ONE-TIMEORDERINOTICE FOR LUMP SUM PAYMENT O TERMINATION OF IWO bc)Oos>53 i4 &92,,' Date: 09/19/14 0 Child Support Enforcement (CSE) Agency (8] Court 0 Attorney 0 Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO •instructions http://www.acf hhs,gov/program /cseiforms/OM8-0970-0154 jnstructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania City/County/Dist/Tribe CUMBERLAND Private IndividuaVEntity Remittance Identifier (include w/payment): 0873000023 Order Identifier: (See Addendum for order/docket Information) CSE Agency Case identifier: (See Addendum for case summary) SOCIAL SECURITY ADMINISTRATION Sent Electronically DO NOT MAIL Employer/Income Withholders FEIN Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: OSTERLUND, JAN A. Employee/Obligor's Name (Last, First, Middle) MIME Employee/Obligors Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions tIttoq/www.acf,hhs.gov/programs/cse/forms/ OMB -0970-0154 jnstructions.0d1). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 2197100277 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. 0.00 per month in current child support 0.00 per month. in past -due child support - Arrears 12 weeks or greater? ® yes 0 no 0.00 per month in current cash medical support 0.00 per month in past -due cash medical support 2,083.33 per month in current spousal support 208.00 per month in past -due spousal support 0,00 per month in other (must specify) for a Total Amount to Withhold of $ 2291.33 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: 527.32 per weekly pay period. 1,145.67 per semimonthly pay period (twice a month) 1,054.64 per biweekly pay period (every two weeks) $ 2,291.33 per monthly pay period. Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligors principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://wvvw.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No0970-0154 Service Type M Form EN -428 11/13 Worker ID $0INC ❑ Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the. IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: SEPTEMBER 19, 2014 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. Q If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S 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. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact jnaD.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding tine periods within which you must implement the withholding and forward the support payments. _ Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs'due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past -due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; It identifies the version of the form currently in use. Form EN -428 11/13 Service Type M Page 2 of 3 Worker ID $OINC Employer's Name: SOCIAL SECURITY ADMINISTRATION Employer FEIN: Employee/Obligor's Name: OSTERLUND, JAN A. 0873000023 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2197100277 O This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www,chlldsueport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA, 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupoort.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No,: 0970-0154 Service Type M Page 3 of 3 Form EN -428 11/13 Worker ID SOINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: OSTERLUND, JAN A. PACSES Case Number 231000038 Plaintiff Name SANDRA H. OSTERLUND Pocket Attachment Amount 48 EQ 92 2,291.33 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount 0.00 Child(ren)'s Name(s): PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket 0.00 Child(ren)'s Name(s): DOB OU PACSES Case Number Plaintiff Name Docket Attachment Amount 0.00 Child(ren)'s Name(s): DOB Service Type M Docket Attachment Amount 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Pocket Attachment Amount 0.00 Child(ren)s Name(s): Addendum OMB No.: 0910-0154 Form EN -428 11/13 Worker ID WING EXHIBIT C Social Security Administration Retirement, Survivors and Disability Insurance Important Information Mid -Atlantic Program Service Center 300 Spring Garden Street Philadelphia, Pennsylvania 19123-2992 Date: October 1 2014 Claim Number: 1111111111111111111/11111111111111111/Ini1/111111/IIIIIIIIIIIIII 0002359 00015272 1 MB .435 0924M1T2R2PN T0064 JAN A OSTERLUND 10340 NINA CT NEW PRT RCHY FL 34654-2501 We are writing to you about your Social Security benefits. What You Should Know We are changing the date we make your monthly payments. Your new payment date will be the third of the month. We will also change the payment date of everyone on this record to the third of the month. We -must make payment on the third of the month when anyone on this record: • receives railroad retirement or Supplemental Security Income (SSI) payments, • has income or resources used to decide if someone else is eligible for SSI, • moves outside the U.S., • has Medicare premiums paid by the State, • has payments garnished, or • is entitled on more than one record. What We Will Pay And When • You will receive $543.90 for September 2014 around October 3, 2014. We took out $1,010.10 from your benefits due you through September 2014 to pay your child support, alimony, or court ordered victim restitution. • After that you will receive $543.90 on or about the third of each month. We will take out $1,010.10 from your benefit each month to pay your child support, alimony, or court ordered victim restitution. If You Disagree With The Court Order C See Next Page STIldNaVZI .S9LOOAVAllt070..8SEZ00161. 000000000 60606 Page 2 of 3 The appeal rights discussed below do not apply to the court ordered child support, alimony, or court ordered victim restitution. If you disagree with the court order, you will need to contact the court directly, or have a lawyer do it for you. If You Disagree With The Decision If you do not agree with this decision, you have the right to appeal. We will review your case and look at any new facts you have. A person who did not make the first decision will decide your case. We will review the parts of the decision that you think are wrong and correct any mistakes. We may also review the parts of our decision that you think are right. We will make a decision that may or may not be in your favor. • You have 60 days to ask for an appeal in writing. • The 60 days start the day after you receive this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5 -day period. • You must have a good reason if you wait more than 60 days to ask for an appeal. • You can file an appeal with any Social Security office. You must ask for an appeal in writing. Please use our "Request for Reconsideration" form, SSA -561. You may go to our website at www.socialsecurity.gov/online/ to find the form SSA -561. You can also contact us by phone, mail, or come into an office to request the form. If you need help to fill out the form, we can help you by phone or in person. Suspect Social Security Fraud? Please visit http://oig ssa.:ov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-:•• 501-2101). If You Have Questions We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-866-593-5679. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at: SOCIAL SECURITY SUI'1'E 100 8661 CITIZENS DRIVE NEW PORT RICHEY, FL 34654 Page 3 of 3 If you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office. Sada S eaviity, EXHIBIT D ;4 • DIVORCE SETTLEMENT AGREEMENT THIS AGREEMENT, made between JAN A. OSTERLUND, herein called "jaan",. and SANDRA H.. OSTERLUND, herein '6 called "Sandra", at. Pittsburgh, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 3, 1983,.in Camp Hill,. Pennsyl- vania. ennsyl-- vania. There were two children born of this marriage, said children being: Carlee, age 14, and Matthew, age 17. WHEREAS, diverse unhappy differences, disputes and ' difficulties have arisen between the parties and it is the intention of Sandra and Jan to live separate and apart for the rest of their natural lives, and the parties here- to ere- to are desirous of settling fully and finally their respect- ive espact- ive financial and property rights and obligations as between each other including, without, limitation by specification: the settling of all matters between them relating to the ownership of real and personal property the equitable distribution of suchproperty, the settling of all matters between them relating to the past, present and future support and/or maintenance of Sandra. by Jan or of Jan by Sandra; thesettling of all matters between them relating to the past, present and future support and/or 'maintenance' 1 of the children; the implementaion of custody/visitation/ ,. partial custody arrangements of the children and in general, the settling of any and all claims and possible claims by one against the other or against their respect- ive estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by. each of the parties hereto, Sandra and Jan, each intending to be legally bound hereby, covenant and agree as follows: 1. This Agreement shall not be considered, to affect or bar the right of Sandra or .an to a divorce Aon lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to con- done and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 2.. The parties agree that unless otherwise specifi- cally provided herein, this Agreement shall continue in 2 full force and effect after such time as a final decree divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agree- ment shall create contractual rights and obligations entirely independent of any Court Order and.that this Agreement may be enforced by contract remedies in addi- tion to any other remedies which may be available pur- suantto the terms of this Agreement or otherwise under, law or equity. 3. The parties agree that the terms of this Agreement shall be. incorporated but mot merged into any divorce decree. which may be entered with respect to•them. The parties further agree that the Court of Common Fleas which may enter such divorce decree shall retaincontinuing jurisdiction over the parties and the subject matter,of the Agreement for the purpose of enforcement of -any of the provisions thereof. 4. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be'defined as the date of execution by the party last executing this Agreement. 5. For the purpose of this Agreement, the term "distribution. date" shall be defined as the date of execution of this Agreement unless otherwise specified herein. • 6. The provisions of this Agreementand their legal effect have been fully explained to the parties by their respective counsel, David.D. DeAngelis, Esquire for Sandra and, Charles Stone, Esquire for Jan. The parties acknowledge that they have received independent legal advise from counsel of their selection and that they fully understand the facts and have been fully in- formed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into -freely and voluntarily, after having re- ceived such advise and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive and specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agree- ment, with the exception of disclosure that may have been fraudulently withheld. • 7. Sandra and Jan may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all.respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Sandra and Jan shall not ropiest, •harass disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in :any manner whatsoever with him or her. 8. Jan and Sandra each do hereby mutually remise, release, quitclaim and forever discharge. the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate ofsuch other or any part thereof, whether arising out of any 'former acts, contracts, engage- ments or liabilities of such other or by way of dower or curtesy, or claims .in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will.;.. or the right to treat a lifetime conveyance by the other as testa- mentary, or all other rights of a surviving spouse to participate in .a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State,. Commonwealth or territory of the United States,: or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as» a result of the marital relation or otherwise, except all rights and agreements and •obligations of whatsoever nature arising or which may arise under this Agreement or for the breach • of any provision thereof. It is further agreed that thisAgreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of pro- perty, alimony, counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 6 9. The parties hereby agree that Sandra shall have her choice of all household furnishings, including but not limited to furniture, rugs, oriental pieces, 'knicknacks, curtains, appliances, works of art, and any other items which she wishes. Said property shall become the sole and exclusive property of Sandra. Any remaining personalty shall become the sole and exclusive property of Jan. 10. The parties hereby acknowledge that LoJan Associates holds the lease on a 1987 Cadillac Eldorado. The parties hereby agree that Sandra shall • have full, complete and exclusive use and possession of said automobile. LoJan Associates shall be solely respons- ible for all lease payments;, taxes and insurance on the leased vehicle. When the lease is ended, the parties hereby agree that the automobile shall be transferred into Sandra's name, and she shall become the sole owner of the automobile. The parties further agree that if the automobile is sold, Sandra shall -receive any monies from the sale of the automobile. 11. Sandra shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Jan all of Sandra's right title and interest in and ba the real estate situate at and 7 known as 1515 Slate Hill Road. The said conveyance shall be subject to any liens and encumbrances including the lien of the existirig• mortgage which obligations are hereby assumed by Jan,,. and shall be under and subject to any covenants and restrictions of record. The said documents shall be executed by Sandra and delivered to Jan on the date of execution of this Agreement. Jan shall indemnify Sandra and hold Sandra harmless for and against any and all'such liability which may arise from Jan's failure to make timely payments upon the mortgage. Jan shall be solely responsible for all taxes, expenses, maintenance and insurance, on said real property. Jan hereby agrees to refinance the mortgage in his name only and to do so as expeditiously as possible. 12. The parties further agree that Jan (or LoJan Associates) shall purchase for Sandra her choice of a house. The •parties acknowledge that Sandra has already selected an appropriate parcel of real estate with a house thereon. Said real estate shall be deeded to Sandra, free and clear of all liens and encumbrances of any type, including any mortgage. Jan (or LoJan Associates) shall be solely responsible for all closing costs and other expenses connected with the purchase of said real property. 13. Jan agrees to pay to Sandra for her separate supportsupport and maintenance the following sums of money according to the following -schedule: Sandra shall receive the sum of $25,000.00 per year in equal payments two times a month. 14. The parties acknowledge that neither party will be required to pay child support, since each party will have custody of one of the children according to the terms of the Agreement. 15. Jan shall provide Blue Cross, Blue -Shield, Major Medical or equivalent coverage for the benefit of -Sandra until such time as Sandra remarries. 16. The parties agree that the entire amount being paid to Sandra pursuant to Paragraph 13 of this Agreement is a separate mnaintenanceperiodic payment, in discharge of a• legal obligation which, because of the marital or family relationship, is imposed upon or incurred by Jan under a written instrument incident to a divorce and that such payment is included and intended to be included with the income of the Sandra within the meaning and in- tent of Section 71 of the. United States Internal Revenue 9 Code of 1954, as amended, and deductible from Jan's gross income pursuant to the provisions of Section 215 of the. United States Internal Revenue Code of 1954, as amended. Sandra agrees that all said payments shall be included as income of Sandra in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. 17. The parties agree that legal custody of the children shall be as follows: Jan shall have custody of Matthew, age 17, and Sandra shall have custody of Carlee, age 14. Each shall have liberal visitation and physical custody according to a schedule to be agreed upon by the parties which shall be consistent. with the :best interests and welfare of the said child- ren. 18. In addition to any provisions which may be contained herein regarding custody and physical custody, each shall have the following rights with respect to the children: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the child in school; approval. of extraordinary medical`andior dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; approval. of summer campand schools provided that such approval shall not be unreasonably withheld. 10 19. The parties hereby agree that in connection with questions dealing with the education of minor child- ren .as well as any extraordinary medical or dental pro- cedures, each party shall be consulted whenever practical, concerning the course of any proposed treatment or the decisions relevant to any educational consideration including the choice ofcollege, university or technical school should the occasion arise for such consideration. 20. In the event of any serious :illness of any of the children at any time., the party then having physical. custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have theright to visit the child as often as she or he desires, consistent with the proper medical care of the said child, The word "illness'" as used herein shall mean any disability which confines the child to be under the direction of a licensed physician for a period in excess of forty-eight (48) hours. 21. Each shall confer with the other on all matters of importance relating to the child's health, maintenance and education for the.purpose of obtaining and following a harmonious policy in the child's best interests and. welfare. Each shall keep the other informed of the progress of the child's education and social adjustments. 22. The parties agree and acknowledge that their marriage is irretrievably broken, that ;they do not desire marital counselling, and that they both consent. to the entry of a decree in divorce pursuant to Section 201(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be :amended (herein referred to as The Cade). Accordingly, both parties agree to forthwith execute such consents,affidavits, or other documents. Upon request, to the extent permitted by law and the appli- able Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waiversnecessary to expedite such divorce. 23, :Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against :any and all such debts, liabilities or obligations of every kind which may have heretofore. been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 12 24. During the course of the marriage, Sandra and Jan have incurred certain bilis and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity `of ascertaining for what purpose and to whose use each of the bills were incurred, that Janshall be solely responsible for all outstanding debts, loans, charge cards andany gambling debts. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bilis which, pursuant to the terms herein, are the responsibility of that party. 25. San and :Sandra shall not molest or interfere. with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. 26. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of .any breach hereof of de- fault hereunder shall be deemed a waiver of any sub- sequent default of the same or similar nature. 27. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving 13. full force and effect to the provisions of this Agreement. 28. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the •date of execution of this Agreement. 29. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, adminstrators, successors and assigns. 30. This Agreement constitutes the entire understand- ing •of the parties and supersedes any and all prior agree- ments and negotiations between them. There are no repre- sentations or warranties other than those expressly set forth herein. 31. Sandra and Jan covenant and agree that theyvill execute any and ail written instruments, assignments, releases, satisfactions, deeds, notes or such. Other writings as may be necessary or desirable for the proper effectuation of this Agreement. 32. This Agreement shall remain in full force and, effect unless and until terminated under and pursuant to the terms of this agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall. in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any pro- vision hereof be construed as a waiver of any subsequent 14 default or breach of the same or similar nature, nor •shall., it be construed as a waiver of strict performance of any other obligations herein. 33. Each party further hereby agrees to pay and to save and hold harmless the 'other party from any and all attorney's fees, and costs of litigation that either may sustain, or incur or become liable for, in any way what- soever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party who seeks to recover such attorney's fees, and costs of,litigation must first be successful in whoe or in part, before there would be.any liability for attorney's fees, and costs of litigation. It is .the specific agreeTent and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses •and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 34. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then pnly that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue :in full force, effect and operation. Likewise, the failure of. any Party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in: no way •avoid or alter the remaining obligations of the Parties.• IN WITNESS WEE OF, the parties hereto have set their hands d se the day and year first above written. 1-#4:71,11 COMMONWEALTH OF PENNSYLVANIA:, :SS: ' COUNTY OF CUMBERLAND On this, the, day of 44 , 1.988, before me a Notary Publin, the undersigned officer, personallyappeared JAN A. OSTERL.UND„, known to me' (or satisfactorily proven) to be the person whose name is subscribed to the Within Divorce Settlement Agreement, and acknowledged that he ..executed the Bate for the purposes therein contained. IN WITNESS WHEREOF„ 1. have hereto set ..my band. and notarial aeol. COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF • On this, the olc,' day of Not y Pub KAYE'RENEE LUCKEY, Notary Public New Cumberland, Cumberland Co.. Pla. 1..min/ssion Expires March 17, 1989 , 1988, before me a Notary Publit, the undersigned officer, personally appeared SANDRA H. OSTERLUND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Divorce Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS 'WHEREOF, I have hereto set my hand and notarial seal. fit.E.D -*V" Prot. Rec. C.O.C. BY . Notary KAYE RENEE LUCKEY, Notary PublIC New Cumberland, Cumberland Co., Ps. My Commission Expires March 27, 1989 YE & &TONE naysitLow ledge Straw ambariand. P.. 17070 THIS 0 ADDENDUM TO DIVORCE SETTLEMENT ACREEMENT DUM to the. Divorce Settlement Agreement made between'JAN A. OSTERLUND and SANDRA 11. OSTERLUND dated � ,.% <440 , 1988, is made this of day of April, 1988, as follows: 1. Sandra has selected the property at 409 Deerfield Road, Lower Allen Township, Cumberland County, Pennsylvania, as the house to be purchased for her by Jan under the teles of the Agreement and Jan has agreed to purchase this house and convey it to her free and clear of liens and encumbrances with a special warranty deed. 2. Jan and Sandra both understand and agree that the house at 409 Deerfield Road cannot be conveyed to Sandra and Sandracannot convey the pro- perty at 1515 Slate Hill Road, Lower Allen Township:, Cumberland County, Pennsylvania, to Jan until such time as a divorce decree is finally granted by the court. 3. The parties therefore agree that they will execute and acknowledge deeds for these properties, but that these deeds will beheld in es crow by Charles H. Stone, Esquire, until such time as a final decree in divorce is granted, at which time the deeds will be delivered to the respective parities so that they may be recorded. 4. Sandra understands that in order for Jan to obtain the necessary financing from the Dauphin Deposit Bank and Trust Company In the amount of Ninety Thousand ($90,000.00) Dollars so that he can purchase the. Deerfield ,Road house on March 31, 1988, as required by his contract with the seller of that property, he must supply to Dauphin Deposit Bank and Trust Company a f Citi L-1-1 F; ot. Reg. A.. i I Page 1 )NE & 3TONk ,m.y$ *1 Law • BNda, Street :umbnl.nd. P,. /7070 second lien on the property at 1515 Slate Hill Road, and that since that pra- perty'will still be titled in Jan and Sandra's name, it is necessary that Sandra sign the note and mortgage and other papers required by Dauphin Deposit Bank and Trust Company in connection with this transaction. Jan specifically, agrees that he,will refinance this loan as soon as, possible after the divorce decree is granted and the property at 1515 Slate Hill, Road is placed in his,' name alone so that Sandra's name will be removed from both this Ninety Thousand ($90,000.00) Dollar note and the present mortgage in the amount of Three Hundred Twenty-six Thousand ($326,000.0D) Dollars held by CCNB Bank, N. - A. Jan agrees to indemnify and save harmless Sandra from any loss or damages, including reasonable attorney's fees, resulting from his failure tocomply with this covenant. 5. The Agreement is: further amended as folllews: A. Paragraph 10 is amended to provide that Jan, rather than Lojan Associates, shall be responsible for all lease payments, taxes, and insurance. To the extent that Lojan Associates is involved in the transac- tion, Jan will cause Lojan Associates to execute and deliver any necessary documents. B.. Paragraph 13 is amended to add thereto the following sentence: "Zn case of the death of Jan prior to the death of Sandra, Jan's estate will be liable for the continued payment of the Twenty-five Thousand ($25,000.00) Dollars per year for.an additional five (5) years,•or sixty (60) months, tour mending with the first day of the month in which Jan's death occurs, provided further that said payments shall cease upon the death of Sandra prior to the end of this five'(S) year period., and provided further that Jan 'agrees to make Sandra the beneficiary of life insurance in the amount of Fifty Thousand Page 2 ($50,000.00) Dollars, said life insurance payment to be in addition to the Twenty-five Thousand ($25,000.00) Dollar per year payment as provided for this paragraph." 6. The parties restate the provisions of paragraph 6. of the ' a Agreement pertaining to Ilegal advice by their respective counsel, David D. DeAngelis, Esquire, for Sandra, and Charles. H. Stone, Esquire, for Jan. The .• provisions of paragraph 6 apply fully to this Addendum. 7. In all other respects, the original Divorce Settlement Agreement betveen the parties is •hereby ratified, confirmed and restated. IN WITNESS WHEREOF, the .parties have he nt set their hands and • seals this 44Ci day of April, 1988. 04(4.-6TONIE 'nays in Leine • Bridge St,..t ZUMbertionn, $a. 170110. Page 3 -.--- frt. R0Q4 CO,C1 20.111 & 5yoNc armors at Law • Briar, SUNK ZurnberiancL Pa. 17070 COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND On this, the 4Zt day of , 1988, before me a Notary Public, the undersigned Officer, personally appeared JAN A. OSTERLUND, known to me (or satisfactorilyprovet) to he the person whoSe name is Subscribed to the within Addendum to Divorce Settlement Agreement, and acknowledged that he executed the sate for the purposes. therein contained. 'IN WITNESS WHEREOF, I have hereto set sor hand and notarial seal. KAYE RENEE LUCKEY, Notary PAW New Cumberland, Cumberland Co., P1. My Commission Expires March 27, Ivey COMMONWEALTH Of PENNSYLVANIA:" :SS1 COUNTY OF CUMBERLAND On this, th of Not ry Pu 1988, before me a Notary Public, the undersigned officer, personally appeared SANDRA H. OSTERLUND, known to me (or satisfactorily proven) to be the person whose name le sub- scribed to the within Addendum to Divorce Settlement AgreeMent and acknowledged that she executed the tame for the purposes therein conained. IN WITNESS WHEREOF, I have hereto set qy hand and notarial seal. faEt) &- 7- g Prot. C.O.Ca 111 49/i Rep. KAYE RENEE LUCKEY, Notary Pubfht New Cumberland, Cumberland Co, Pa. My CummitsInn Expires March 27, 190 EXHIBIT E Social Security Administration Retirement, Survivors and Disability Insurance Important Information 111111111111111111111111111011111111111111111111M1111110111 0000439 GARM72 IA 0.470 • JAN A OSTERLUND • 10340 NINA CT NEW PRT RCHY FL 34654-2501 Mid -Atlantic Program Service Center 300 Spring Garden Street Philadelphia, Pennsylvania 19123-2992 Date: October 1, 2014 Claim Number: We are writing to you about court order number 231000038 concerning your responsibility for child support, alimony or court ordered victim restitution. What We Plan To Do We have been ordered to take $2,291.33 from each monthly payment you are due to pay your obligation for child support, alimony or court ordered victim restitution. We withheld $1,010.10 from the payment you will receive around October 3,- 2014. After that we Will withhold $17010.-10- each month. You will receive another letter showing the payment amount you will receive. How We Decided The Amount To Take Out The. Consumer Credit Protection Act includes rules on how much we can take out of the monthly payments for child support and/or alimony. The amount depends on whether an individual is supporting a spouse or dependent child(ren) other than those named in the court order. The limits are as follows: • 50 percent of benefits may be taken out if an individual is supporting a second family. • If an individual is not supporting a second family, 60 percent of benefits may be taken. out. The above rates increase 5 percent to 55 percent and 65 percent if an individual owes more than 12 weeks in back payments. Please contact the court if you are supporting a 2nd family. C See Next Page 0 .Z6T000214 TOTO. VT4 1160SIV"ZiklIalTL DU' Page 2 of 2 If You Disagree With The Decision If you disagree with the decision of the court that issued the garnishment order, you will need to contact them directly or have a lawyer do it for you. Soda Seavaty, acirnIniattation. CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing MOTION TO SET ASIDE/STAY ORDER OF GARNISHMENT upon counsel for the Plaintiff and related entities, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addresses as follows: Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 'Social Security 8661 Citizens Drive New Port Richey, FL 34654 Date: October 7, 2014 Ricki Shadday Domestic Relations Section 13 N. Hanover St., PO Box 320 Carlisle, PA 17013 Social Security Administration Mid -Atlantic Program Service Center 300 Spring Garden Street Philadelphia, PA 19123-2992 istina Nicole, law clerk OC w,,, IN THE COURT OF COMMON PMAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW SANDRA H. OSTERLUND No. 48 EQ 92 Petitioner/Plaintiff v. In Equity JAN A. OSTERLUND Respondent/Defendant AFFIDAVIT OF SERVICE I, Gregory W. Bair, II, Esquire of the law firm of STOCK AND LEADER, do hereby certify that I have served a true and correct copy of the Order granting continuance and scheduling new hearing date of September 15, 2014 filed in the above matter on Jan A. Osterlund, Defendant, by sending a copy via Federal Express, on July 25, 2014, addressed as follows: Jan Osterlund 10340 Nina Court New Port Richey, FL 34654 and that said copy was delivered on July 26, 2014, as evidenced by FedEx Tracking Receipt and FedEx Shipping Label, attached hereto and marked as Exhibit "A" and the Affidavit of Service 0189273- inadvertently filed in York County to Docket # 2010 -SU -4289-41 on July 29, 2014, attached hereto and marked as Exhibit "B". Respectfully submitted, Date: /b/61/V By: Sworn and subscribed to before me, this („ day of f) c��� , 2014. Notary Pubic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Geri Lynn Benzel, Notary Public City of York, York County My Commission Expires July 28, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 0189273- egory Bair, I Suprem- f t. 1 # 18156 STOCK AND LEADER Susquehanna Commerce Center East 221 West Philadelphia St., Ste. E600 York, PA 17401-2994 Telephone (717) 846-9800 Esquire Track your package or shipment with FedEx Tracking Page 1 of 1 FedEx Tracking 866031253942 Ship (PM) dale Fri 7/2512014 6:55 pm YORK, PA US Delivered Signature not required Actual delivery Sat 712612014 10:58 am FL US Let us tell you when your shipment arrives. Sign up for delivery notifications Travel History Date/Time Activity - 7126/2014 - Saturday 10:58 am Delivered Left at front door. Package delivered to recipient address - release authorized 8:00 am On FedEx vehicle for delivery 7:44 am At local FedEx facility 5:59 am At destination sort facility 3:33 am Departed FedEx location 3:26 am In transit - 7/25/2014 - Friday 11:32. pm Arrived at FedEx location 8:26 pm ' Left FedEx origin facility 6:55 pm Picked up Shipment Facts Tracking number Weight Total shipment weight Packaging 866031253942 1 lbs 10.45 kgs 1 lbs t 0.45 kgs FedEx Pak Location FL TAMPA, FL TAMPA, FL TAMPA, FL MEMPHIS, TN MEMPHIS, TN MEMPHIS, TN YORK PA YORK PA Service FedEx Priority Overnight Delivered To Residence Shipper 298080-510 reference Special handling For Saturday Delivery. Residential Delivery section https://www.fedex.com/fedextrack/WTRK/index.html?tracknumbers=866031253942&cntr... 10/6/2014 F. USAirbill Express WEN Itiebw 8660 3125 3942 Oslo 571 Senders FadsDaOs !dJ / Amu* Number rdmeerii�ar'w. &:rJ c„.,STOCK AND LEADER 0171-1084-5 mham6 ( 717) 846-9900 Address221 W PHILADELPHIA ST STE 600 aty YORK sum PA aP 17401 0,0101 efrme4ee 2 Yourh4enmlBiItluig terence amp jai. w.7ewnis....rm 3 Tom/i s % A- DAer/u 1d-- Phone I 779- / 1V Comm Read.? / 341b Cadre - Ire ewnrth lrrs Meme rrA.eDarra Address brooms peceerefro M Ox. eeryAQtbride+.rNeheUNero err. /d /-/ Lich FL- aP .77/ 038 1992765 0►� ''i Schedule a pickup at.fedex.com Simplify your shipping. Manage your account Access all the tools you need. ; .0215 • Sh' H3: n op 4e Express Package Senna! uu°isr.Mo+wreorrd.sussiu ioesu iud FedEs Way FedExE rfterSever ubard ertrrx4r•�.�Neee�,yee [] ererwee.s<ew eSOa�rOrreraerrrr3slxsL swanaesr.rrorerrrri L__ rr&towbp rrRerMre.weslesererOsw..bno. 4b Express Freight Service FedruaDay kers 0 0some =zees suesueueek dome ►apppr, a aenOOAeeesrbeexe. =1" 0raroewr= •or es mrdeo Parmegeseq to Blabs aim nbelegaihrepFedEx Firstlielnires jai= Sew* OiOnn*OrwidleaL •bmoerNse. Peciagesora ISO lbs t--1 swims me*. ran meek 5 ging 0FedExsuer aPeera swam ❑ redx O FeaEx D Dd18t nueasu rrrnob eu,•, Box Tube •tbdone basreSt 6 Special Handling kFJJ NWkreiCi aNtDFbeafW TURDAY ma* treeemz. NOTAralhbletsr suumDervebWpmm.seedeeg.soweer r_lox rex»dbeeeel Weis %degademihLeann i U at aFeet Lembo* *vend% WNW fesBaDefuvileloems o'No EI. o t .„„.. . m Came Aircraft Onit Onureseuthed6eeviseerrbe Oboe w ellbenleXs Blfl esRea Seced�er� ODRecipient 0 Third Party 0 CreditCard0 t.astilOo tb wrs Doi d+No. ew des Tetra Packages Tara1Wd¢d TdmlDeebsredVehu* s 00 a. p tarsbe�e�sesrle? umgetire b.a.s. sjpArr itl.�ne essz ei xzes 8 Residential Delivery Signature Options hen so,►..a.es.aeekLoma ner.a R Sigma0m0 *Ton ix Direct Siigneture erodes worm unmans -so memorise ueusAses :'�'Spites awtrerrweetrrwar. 519 ULl AND RETAIN THIS COPY BEFORE AFFIXING TO T::E PACKAGE, NO POUCH NEEDED. A, ) J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW 2o10~SU-q-281-14-i No. 48, -Eft 2 - SANDRA H. OSTERLUND Petitioner/Plaintiff V. JAN A. OSTERLUND Respondent/Defendant In Equity d ;;tidal 83.1N33 iv ant AFFIDAVIT OF SERVICE I, Gregory W. Bair, II, Esquire of the law firm of STOCK AND LEADER, do hereby certify that I have served a true and correct copy of the Order granting continuance filed in the above matter on Jan A. Osterlund, Defendant, by sending a copy via Federal Express, on July 25, 2014, addressed as follows: Jan Osterlund 10340 Nina Court New Port Richey, FL 34654 and that the Federal Express shipping label is attached hereto and marked Exhibit "A." Respectfully submitted, Date: 7/2 5/1'/ 0172640 - By: • GregoryN7 Bain, II, Esquire SupremeXt. W# 208156 STOCK AND LEADER Susquehanna Commerce Center East 221 West Philadelphia St., Ste. E600 York, PA 17401-2994 Telephone (717) 846-9800 Sworn and subscribed to before me, this day of `, g �, , 2014. Notary Public COMMONWEALTH OF PENNSYLVANIA • Notarial Seal Geri Lynn Benzel, Notary Public City of York, York County My Commission Expires July 28, 2017 MEMBER, PENNSTLYANIA ASSOC14T{ON OF NOTARIES 0172640- Fed x. USAirbill Express 8660 3125 3942 From ++?heat. ve..ea oath 1��-1 f 1 =6r/dryu� cmjentSTOCK AND LEADER Adm 221 W PHILADELPHIA ST STE 600 Aender's Fed& r 0171-1084-5 Peon (717) 846—=98nn ray YOR14 State P A ZIP 17401 lattattatratoffisem 2 Your Internal BiilirrgReference a!O / cpQ cfrOAt. rrtwe�.canrawrm G 7 To " sj i A- .4,3-her/v 1)(Z— Phones ( 7) 7 )t )9' 7$3/ Carmen s /41416 Ali Act_ Couf* rh mom dem a aa. D► area Address To alma a IngMe r Ima nt gnat MEN COM alta Nib .tafu era FL ZIP 0381992765 0`P )Schedule a pickup at.fedex.com Simplify your shipping. Manage your account Access all the tools you need. de Express Package Service Li am Mama Avercom• attammil exam ta.212 Maratheamd bMum( Matto s.e.tl.le�►nO1 �uYY DFedEs Way FedEx iprma Serer reermreotn•na ❑r er�"eT..r.er. vim 1 12▪ 120eaera Fara Sargeaftrel ►wra♦aooae(Mama ma —•t Ob Express Freight Service tat ureSCU ▪ AYDambw4 •Com ra.aMee FFeedb keptram Sal$1020daca Padreges up to ?57Th: FedEx Rrst Overnight Mama who • SamtatleatMOT Fecb7l2ore,ISMS D E LF;r.eight s.fetar▪ Dow rex eal,EY 2, worm 5ii.- dEx tee.Clam 126 ❑ FedEx Pet- D FedEx axe. 1r NLS rfterftier... PM Box Oe Other O • Da ane.rrwetat 6 Special Handling I Welt Rat ZamaitIsaatea • -1 TUMMY Wray D HOW Weekdayy--, HOW SeRed iDFedElacanm rasward rerl3wei2mes NOT at FedEx Santa 221221,22 pt FhiO.,l" aran.m.aenYl.r MOtab dmsrd.as Pahl •waroYa yeraag. 12.12, moil le 4:2224 IE No D D. I:3 147.-6 Srtoerr 0ier.ia 147.-6 Omuta Pmixhaebrbar area r Baca ida?.rale ❑ 6ery Ice an Ire . __re O CeryoArcraltOnly 7 I WI bo ha Ma Mt a.ao.ana th71 ex oerr daketteawOedt dlls.Maa Reethert 0 Third Party 0 Creel Gard 0 LssltOreck asides TSI Package Toth( Weight Total Ordered Veber $ ar p�.00a tecgemubeli a MMars n rtt rdar i raiMi.ltry�dmaOrsagri g, B Residential Delivery Signature Options rre epa.egrr.amett a.av�t Ito Signature ❑Required rra tr okra re D etyorp 2.040* r era eau tisanes tabs a.aet►d fitoMDu MACES L'1's..1�e1 MOW AV eynatarresa.+leaea 519 Hit AND RETAIN THIS COPY BEFORE AFFIXING TO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW SANDRA H. OSTERLUND No. 48 EQ 92 Plaintiff V. JAN A. OSTERLUND Defendant In Equity CERTIFICATE OF SERVICE AND NOW, this 6, day of OCTOBER, 2014, I, Mary C. Galiardi, paralegal for Gregory W. Bair, Esquire of the law firm of Stock and Leader, attorney for Plaintiff, hereby certify that I served the within AFFIDAVIT OF SERVICE this day by depositing the same in the United States mail, postage prepaid, in York, Pennsylvania, addressed to: Keith E. Kendall, Esquire SCARINGI & SCARINGI, P.C. 20 North Hanover Street, Suite 201 Carlisle, PA 17013 Counsel for Defendant 0189273 - By: C. Mary C. Gah. di Paralegal for Gregory W. Bair, II, Esquire Supreme Ct. ID # 208156 STOCK AND LEADER Susquehanna Commerce Center East 221 West Philadelphia St., Ste. E600 York, PA 17401-2994 Telephone (717) 846-9800 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DIS'IZIICW CUMBERLAND COUNTY, PENNSYLVANIA -t).. rr, co c, . • rn c, SANDRA H. OSTERLUND, • . NO. 48 EQ 92 ...- .— (..n. 1 Plaintiff • . r -v -- x. • = CD -.• V. • . JAN A. OSTERLUND, Defendant • CIVIL ACTION - LA • IN DIVORCE CFI NOTICE OF APPEAL Notice is hereby given that Jan A. Osterlund, Defendant above named, hereby appeals to the Superior Court of Pennsylvania from the Order entered in this matter on the 16th day of September, 2014. See Exhibit A. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. See Exhibit B. The Request for Transcript is attached hereto. Date: October 6, 2014 Lod IA 41 ded /9.)-vc in 3 tig7 Ger: cory A,4,/leA405-1t)d, Respectfully submitted, Keith E. Kendall, Esq. Attorney for Defendant PA Attorney No. 42910 Scaringi & Scaringi, P.C. 20 North Hanover Street, Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scaringilaw.corn EXHIBIT A SANDRA H. OSTERLUND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. : CUMBERLAND COUNTY, PENNSYLVANIA JAN A. OSTERLUND, : 48 EQUITY 1992 DEFENDANT : PACSES NO. 231000038 AND NOW, this ORDER OF COURT /‘‘ day of September, 2014, Plaintiffs Petition for Enforcement of April 20, 1988 Property Settlement Agreement is GRANTED. We DIRECT the Domestic Relations Office to garnish the Defendant's Social Security benefits in the amount of $777.00 per month. By the Court, Albert H. Mas and, J. Gregory W. Bair, II, Esquire Susquehanna Commerce Center East 221 W. Philadelphia St., Ste. E600 York, PA 17401-2994 A. Osterlund, Pro se 10340 Nina Court New Port Richey, FL 34654 Domestic Relations Office — co�iy �,:t)-(11C. :sal cop 14es ritc1; Or EXHIBIT B (ail K). 48 Equity 1992 $40.50 Pd. Atty. Snett,aker& Brennemen, P.C. By: Richard Snelbaker. Esq. n-loNpop.44 g. 01A51) H. Onterlund November 6, 1992, Complaint, filed. 48 v Novenber.13, 1992, Praecipe To Enter Appearance And Accept Service, filed. • Jan A. Osterlund We hereby appear as attorneys for Jan A. Osterlund, the PYrtd. November 6, 1992 kDefendant herein, and hereby accept service of the Complaint and acknowledge receipt of a duly certified copy thereof. T. & E. Atty. $40.50 Stone & Stone $ 9.00 By: Charles H. Stone, Atts. for Deft. $15.00 $ 2.50 Dumber 11, 1992, Preliminary Objections To Complaint, filed. $ 1.00> I'd 5W December 14, 1992, Praecipe For Listing Case For Argument, filed $ 0.50 vi Philip H. Spare, Atty for Plff $ 5.00 Pd Atty 6/4/93 Pd Atty 6/22/93 Pd Atty 6/22/93 County LL Pd Atty 2/10/95 February 18, 1993, Order, filed. IN RE: Defendant's Prelimin ez.°,6 /n-3i4y Objections Before Hoffer, J., Hess, J., and Oler, J. r ja,A, l.LtL AND NOW, this 18th day of February, 1993, after argument held thereon and careful consideration thereof, the court being 'a'./4 / satisfied that the plaintiff does not have an adequate remedy at �/� PA particularly with respect to the issue of plaintiff's health insurance coverage, the preliminary objections of the defendant /-/7-94. a 3 j'"- 7 are DISMISSED. �ccr �. �,� BY THE COURT, Kevin A. Hess, J. 4-0?). March 12, 1993, Answer To Complaint And New Matter, filed. i- 1 March 23, 1993, Plaintiff's R ply To New Matter, filed. April 12, 1943, Praecipe For. Listing Case For Trial, filed. Richard C. Snelbaker,Atty For P April 13, 1993, Order of Court, filed. AND NOW, this 13th day cf April, 1993, non -jury trial on the within matter is scheduled to be heard in Courtioun No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, May 12, 1993, at 1:30 o'clock, p.m. By the Court, Edgar B. Bayley, J. May 12, 1993, Verdict, filed. The case having been called for a trial, and the parties agreeing that plaintiff is entitled to the entry of a verdict in the amount of $8,058.74, and that she is entitled to an order requiring defendant to maintain medical insurance coverage as per the parties divorce settlement agreement dated April 20, 1988, as supplemented by an addendum of the same date, and upon our finding as a matter of law that plaintiff is also entitled to an award of reason- able counsel fees pursuant tc paragraph 33 of that agreement, which defendant opposes as to the award but not as to the reasonableness of the fees submitted, it is ordered that: 1. A verdict is entered in favor of plaintiff, Sandra H. Osterlund against defendant, Jan A. Osterlund in the amount of $8,058.74. 2. Defendant Jan A. Osterlund is ordered to maintain Blue Cross/Blue Shield, major medical or its equivalent as required by paragraph 15 of the divorce settlement agreement, and further ordered to provide plaintiff notice within one (1) day of either non-payment of any premium due or cancellation cf such medical coverage. 3. Counsel fees are awarded to plaintiff in the amount of $3,547.50. By the Court, Edgar B. Bayley, J. Judgment: Volume 0 Page 17 Volume 0 Page 17 Volume 0 Page 17 Volume0 Page 17 May 24, 1993, Decree, filed. 1. The verdict previous:y entered in this case dated May 12, 1993, IS VACATED, and replaced with this decree. 2. This case having bee called for trial, and the parties agreeing that plaintiff is entitled to the entry of a decree in the amount of $8,058.74; and that she is entitled to a decree requiring defendant to maintain medical insurance coverage as per the parties divorce settlement agreement dated April 20, 1988, as supplemented by an addendum of the same date, and that she is entitled to a decree directing defendant to make all payment$ when due under the terms of those documents, and upon our finding as a matter of law that plaintiff is entitled to an award of reasonable counsel fees pursuant to paragraph 33 of that agreement, which defendant opposes as to the award but not as to the reasonableness of the fees, it is ordered that:. 1. A decree is entered in favor of plaintiff, Sandra H. Osterlund against defendant, Jan A. Osterlund in the amount of $8,058.74. 2. Defendant, Jan A. Osterlund, is ordered to maintain Blue Cross/Blue Shield, major medical or its equivalent as required by paragraph 15 of the divorce settlement agreement, and further ordered to provide plaintiff notice within one (1) day of either non-payment of any premium due or cancellation of such medical coverage. 3. Defendant, Jan A. Osterlund, is ordered tamake all payments when due to plaintiff as re- quired under the terms of the divorce settlement documents. 4. Counsel fees are awarded to plaintiff in the amount of $3,547.50. Edgar B. Bayley, J. Judgment: Volume 0 Page 17 Volume 0 Page 17 June 4, 1993, Praecipe Por Entry Of Judgment, filed. Please enter judgment it favor of the Plaintiff and against the Defendant on the attached Decree of the Court dated May 24, 1993, no timely post -trial motions having been filed. Snelbaker & Brenneman, P.C. By: Richard C. Snelbaker, Esq.,Atty for Plff Judgment: Volume 0 Page 17 Volume 0 Page 17. 7un� as )9R3, yvr,� vP EXecuiion s3uPC/ Sheriff R. Thomas Kline, has determined that the claimant Lisa M. Fiarri in the above mentioned property claims is prima facia the owner of the property set forth therein. So Answers: R.•Thanas Klse, Sheriff (Property Claim Determination) 7/21/93 Patricia Shatto, Dpty Shff ff. NO. 48 EQUITY 1992 (B.F From Page 96) Osterlund vs Osterlund July 23, 1993, Objection To Sheriff's Determination, filed. Kindly enter objection to the Sheriff's determination of ownership of the property referred to in the Property Claim dated July 8, 1993, entered by Lisa M. Fiarri in the above -captioned matter. SNELBAKER & BRENNEMAN, P.C. By: Philip'H. Spare, Esq. July 26, 1993, Petition "or Adjudication Of Civil Contempt, and Rule, filed. AND NOW, this 26th day of july, 1993, upon consideration of Plaintiff's Petition for Adjudi- cation of Civil Contempt, a Rule is hereby entered upon Defendant Jan A. Osterlund, to show cause why Plaintiff's Petition should not be granted, and a citation in contempt issued as requested by Plaintiff. Rule returnable at a hearing scheduled for the 17th day of August, 1993 at 3:00 o'clock P.M. in Courtroom No. II, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley, J. Sheriff R. Thomas Kline, has determined that the claimant Jason Osterlund, in the above mentioned property claim is prima -facia the owner of the property set forth therein. So Answers: R. Thomas Kline, Sheriff (Piuperty Claim Determination) 8/11/93 Patricia Shatto, Dpty Shff Sheriff R. Thomas Kline, has determined that the claimant Patricia S. Osterlund, in the above mentioned property claim is prima -facia the owner of the property set forth therein. So Answers: R. Thomas Kline, Sheriff (Property Claim Determination) 8/11/93 Patricia Shakto; Dpty Shff August 12, 1993, Objection To Sheriff's Determination, filed. Kindly enter objection to the Sheriff's determination of ownership of the property referred to in the Property Claim dated July 28, 1993, entered by Jason Osterlund in the above -captioned matter. Snelbaker & Brenneman, P.C. By: Philip H. Spare, Esq. Attys for Plff August 12, 1993, Objection To Sheriff's Determination, filed. Kindly enter objection t the Sheriff's determination of ownership of the property referred to in the Property Claim dat-. July 28, 1993 entered by Patricia S. Osterlund in the above - captioned matter. Snelbaker & Brenneman, P.C. By: Philip H. Spare, Esq., Atty for Plff August 17, 1993, Affidavit of Service, filed. August 23, 1993, Order of Court, filed. AND NOW, this 23rd day of August, 1993, following a hearing on a Rule to Show Cause against defendant as to why he should not be adjudicated in civil contempt, the Rule IS MADE ABSOLUTE. A citation is issued against defendant to hold him in contempt for failure to make required payments under the terms of tae parties Divorce Settlement Agreement. A hearing on the citation shall be held in Courtroan No. 2 on Monday, September 27, 1993, at 1:30 p.m., at which time defendant is ordered and direct to appear. By the Court, Edgar B. Bayley, J. Septerber 16, 1993, Sheriff's Interpleader, and Order of Court, filed. AND NOW, this 16th day cf September, 1993, upon consideration of Plaintiff Sandra H. Osterlund's Petition for Determination of Property Claim, a hearing is scheduled for the 27th day of September, 1993, at 1:45 o'clock P.M. in Courtroom No. II, Cumberland County Courthouse, Carlisle, Pennsylvania. PLAINTIFF"S COUNSEL IS FIRECTED TO SERVE A TRUE AND CORRECT COPY OF THIS Order and the Petition upon Defendant, Jan A. Osterlund by first class mail. Plaintiff's counsel is further directed to serve a true and correct copy of this Order and the Petition upon each of the property claimants captioned above by first-class mail. BY THE COURT: Edgar B. Bayley, J. September 23, 1993, Sheriff's Interpleader, and Order of Court, filed. AND NOW, this 22nd day of September, 1993, upon consideration of Movant Sandra H. Osterlund's Motion for Expel_ted Discovery Response Pursuant to Pa. R.C.P. No. 4009 (b)(2), Jan A. Osterlund is hereby ordered and directed to respond in writing Within 24 hours of service of this Order to Movant's discovery request for entry upon the premises known as 1515 Slate Hill Road, Camp HL11, Cumberland County, Pennsylvania. Respondent shall serve a copy of said written response upon Movant's counsel within 24 hours of service of this Order. Respondent shall provide a copy of said written response to this Court with 24 hours of service of this Order. Movant's Counsel is directed to serve a true and correct copy of this Order and the under- lying Motion upon counsel for Jan A. Osterlund. BY THE COURT: Edgar B. Bayley, J. September 27, 1993, Sheriff's Interpleader, and Order of Court, filed.(Req. For STay of Pro AND NOW, this 27th day of September, 1993 upon consideration of Sandra H. Osterlund's Request for Stay of Proceedings and Continuance it is hereby ordered and directed that: 1. these Sheriff's Interpleader Proceedings are stayed for a period of 90 days frau this Order; 2. the Hearing on the [ietermination of Property Claim scheduled for the 27th day of September, 1993 at 1:45 o'clock P.M. in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania is cortinued until the 27th day of December, 1993, at 1:30 o'clock P.M. in Courtroan No. II, Cumberland County Courthouse, Carlisle, Pennsylania; 3. the Sheriff's levy' shall not be abandoned during this Stay of Proceedings as provided in Pa.R.C.P. No. 3120 (2); and 4. the proceedings in the underlying Equity action shall not be stayed or continued as a result of this Order. BY THE COURT: Edgar B. Bayley, J. September 28, 1993, Order, filed. AND NOW, this 27th day of September, 1993, following a hearing, I adjudicate defendant, Jan A. Osterlund, in civil contempt for failing to make required payments under the terms of a divorce settlement agreement with plaintiff, Sandra H. Osterlund. Defendant may purge himself of contempt by paying all moneys due and owing plaintiff under the terms of the divorce settlement agreement, together with accrued attorney's fees and costs, within One hundred (100) days of this date. The time frame for defendant purging himself of contempt has been set based upon (1) his recent $4000 payment, and (2) representation that he is actively seeking to refinance his properties in order to raise the money necessary to bring his past -due obligations to plaintiff current, and to then maintain required payments under the divorce settlement agreement. By the Court: Edgar B. Bayley, J. No. 48 Equity 1992 (B.F. from page 96-A) Deoember 22, 1993, Sheriff's Interpleader and Order of Court, filed. AND. NOW, this 22 day of Deceiber, 1993, upon consideration of Movant Sandra H. Osterlund's Motion for Entry Upon the Premises, Jan A. Osterlund is hereby ordered and directed to allow Movant and her counsel entry upon the premises knownn as 1515 Slate Hill Road, Camp-Jilil,_Cuinber- land County, PA, at 10:00 A.N. on Thursday, December 23, 1993 for the purpose of inspencting, indentifying, photographing and/or video taping the numerous items of property which will be at issue at the Hearing on the. Determination of Property Claims scheduled for December 27, 1993 at 1:30 P.M. in Courtroan No. II, Cumberland County Courthouse, Carlisle PA. Movant and her counsel shall be permitted to remain onthe premises until such time as their purpose is accomplished. By the Court, Edgar B. Bayley, J. Deoemmber 22, 1993, Sheriff's Interpleader and Order of Court, filed. AND NOW, this 22nd day cf December, 1993, upon consideration of the Movant Sandra H. Oster- lund's Motion to Request Sheriff's Escort, a Sheriff's Deputy is hereby ordered and directed to accompany Movant and her counsel as they enter upon the premises known as 1515 Slate Hill Road, CJ?!J Hill, Cumberland County PA, at 10:00A.M. on Thursday, December 23, 1993, for the purpose of inspecting, identifying, photographing and/or video taping the numberous items of property which will be at issue at the Hearing on the Determination of Property Claims scheduled for December 27, 1993, at 1:30 P.M. in Courtiwn No. II, Cumberland County Courthouse, Carlisle PA. Said Sheriff's Deputy Shall remain on the premises with Movant and her counsel until such time as their purpose is accomplished. Movant shall be responsiole, for the expense of utilizing the Sheriff's Deputy for this purpose. By the Court, J. Wesley, Jr., J. December 27, 1993, Subpoena, filed. Wilma Osterlund served. Deaenber 27, 1993, Sheriff's Interpleader, filed. Lisa M. Fiarri, served. December 27, 1993, Sheriff's Interpleader, filed. Jan A. Osterlund, served. December 27, 1993, Sheriff's Interpleader, filed. Patricia S. Osterlund, served. Decanter 27, 1993, Sheriff's Interpleader, filed. Jason Osterlund served. December 27, 1993, Sheriff's Interpleader, filed. Affidavit of Service. December 29, 1993, Order of Court, Filed. IN RE: Sheriff's Interpleader AND NOW, this 27th day of December, 1993, this matter having been called to date on a hearing involving three property claims, one of Jan Osterlund, another of Lisa Osterlund, and the last of Patricia S. Oster'und. As to the claim of Jason Osterlund, it is upheld as to a 6 -inch joiner and a salamander heater. It is dismissed as to all other property listed on that claim.- Since Lisa Osterlund is ill, and since there may be a problem regarding service as to Patricia Osterlund, a hearing on their property claims is reset for 1:30 p.m., Thursday, January 6, 1994. By the Court, Edgar B. Bayley, J. January 6, 1994, Subpoera served to: Wilma Osterlund, filed. In Re: Sheriff's Interpleader. January 7, 1994, Order cf Court, filed. IN RE: Sheriff's Interpleader AND NOW, this 6th day of January, 1994, a hearing having been scheduled on the property claim filed by Patricia S. Osterlund on the within case, and the claimant having failed to appear to prosecute the claim, the claim IS DISMISSED. By the Court, Edgar B. Bayley, J. January 7, 1994, Order cf Court, filed. In Re: Sheriff's Interpleader. AND NOW, this 6th day of January, 1994, a hearing having been held on the property claim filed by Lisa Ficarri Osterlund on the within case, the transcript shall be filed. Fifteen days after the transcript is filed, counsel should file as succinct a statement as possible outlining what is agreed to and what is not agreed to with regard to all of this property. By the Court, Edgar B. Bayley, J. January 10, 1994, Sheriff's Interpleader - Affidavit of Service, filed: Philip Spare, Atty. January 11, 1994, Plaintiff's Petition For A Rule To Show Cause Why Sections Should Not Be Issued, and Rule To Show Cause, filed. AND NOW, this 11th day o' January, 1994, upon consideration of Plaintiff's Petition for a Rule to Show Cause, a Rule is issued upon Defendant to appear and show cause why this Court should not enter Orders and/o= sanctions against Defendant in order to end Defendant's contemp- tuous actions and to coerce Defendant to comply with various Orders of this Court. The Rule is returnable on or before _ day of , 1994. A hearing will thereafter be held on the 28th day of February, 1994. at 1:30 o'clock P.M., in Courtiuum NO. 2. BY. THE COURT: Edgar B. Bayley, J. January 19, 1994, IN RE: Sheriff's Interpleader - Honorable Edgar B. Bayley, J., Lodged. January 26, 1994,'IN RE: Sheriff's Interpleader, filed. The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. January 24, 1994 Edgar B. Bayley, J. February 28, 1994, Defendant's Answers To Interrogatories, filed. March 1, 1994, Order Of Court, filed. AND NOW, this 1st day of March, 1994, following a hearing, the time period for defendant purging himself of contempt pursuant to this Court's order of September 27, 1993, is extended until June 1, 1994. By the Court, Edgar B. Bayley, J. May 2, 1994, AND NOW, this 2nd day of May, 1994, the property claim of Lisa Ficarri Osterlund is upheld for all property levied upon by the sheriff except for the following items for which the claim IS DISMISSED: 2 rugs, one yellow with 'order pattern around it in the library and one large green with flowers in the living room (see transcript of record page 10); 2 large hold Gilden Years, one in the dining roan and one in the living room(see transcript of record page 11); 1 table found in the dining room (see transcript of record page 12); 1 painting identified in Sandra Exhibit 28 (see transcript of record page 18); Pictures behind the bar identified in Sandra Exhibits 29 (see transcript of record page 19); 1 desk identified in Sandra Exhibit 30 (see transcript of record page 19); 1 bedroom lamp (see transcript of record page 23); 1 dresser identified in Sandra Exhibit 38 (see transcript of record page 24); Pictures painted by the defendant, Jan A. Osterlund, (see transcript of record page 24); 1 television set identified in Sandra Exhibit 40 (see transcript of record page 25); u NO. 48 EQUITY 1992 (B.F. fran page 96-B) Osterlund vs Osterlund Patio furniture identified in Sandra Exhibit 42 (see transcript of record page 27); Furniture located in dining roan identified in Sandra Exhibit 47 (see transcript of record page 28); The item of furniture located in the hallway and identified on Sandra Exhibit 48 (see transcript of record page 28) and 1 mirror found on the left side of the photograph marked as Sandra Exhibit 50. By the Court, Edgar B. Bayley, J. May 13, 1994, Petition F6r Attachment of Wages And Other Relief, and Rule, filed. AND NOW, this 13th day of May, 1994, upon consideration of Plaintiff's Petition for Attach- ment of Wages and Other Relief, a Rule is issued upon Defendant to appear and show cause why this Court should not: (1) order that Defendant's wages be attached in order to ensure payment of $1,041.66 semi- monthly to Plaintiff plus a monthly payment towards the substantial arrearage in this matter; (2) enter other Orders and/or sanctions against Defendant in order to end Defendant's contemptuous actions and to coerce Defendant to comply with various orders of this Court; and (3) order other relief which this Court deems equitable. The Rule is returnable a` a hearing to be held on the 24th day of May, 1994 at 11:15 o'clock A.M. in Courtroan No. II, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley, J. May 26, 1994, Order of Court, filed. AND NOW, this 24th day of May, 1994, it is ordered that: 1. Upon leaving the courthouse today, defendant shall turn over to plaintiff three $400.00 checks he has represented he las in his possession, made out to her, for which there are sufficient funds in the checking account to clear. 2. Judgment is entered in favor of plaintiff, Sandra H. Osterlund, and against defendant, Jan A. Osterlund, in the amou-it of $16,041.50 representing the principal amount owed for alimony as of this date through the end of May 1994, less the $1,200.00 represented in the checks defendant has been ord=red to turn over to plaintiff this date. 3. A wage attachment for the payment of alimony is entered through the Domestic Relations Office against Osterlund, Inc., in the amount of $400.00 every two weeks. Defendant shall make payment directly to plaintiff of that amount until the wage attachement is executed. 4. No other claims sought by plaintiff this date, including counsel fees and costs, are waived. By the Court, Edgar B. Bayley, J. Julr' a. P,7./7 r�ru� 0 ,a1 /7 July 6, 1994, Petition and Order, filed. AND NOW, this 6th day of July, 1994, upon consideration of Defendant's Petition, the Court orders as follows: (1) A Rule is issued upon Plaintiff to show cause why the Plaintiff should not make a proper accounting in the matter, and why she should not give proper credit for the fair market value of the personal property removed by her after the first sheriff's sale. The Rule is returnable at a hearing to be held on the 8th day of July, 1994 at 9:30 o'clock A.M., prevailing time, in Courtroom No. II, Cumberland County Courthouse, Carlisle, Pennsylvania. Both parties shall provide the court with legal authority for their positions. BY THE COURT, Edgar B. Bayley, J. July 8, 1994, Answer To Petition With New Matter, filed July 8, 1994, Order of Court, filed. AND NOW, this 8th day of July, 1994, the sheriff's sale scheduled in the within case for for Monday, July 11, 1994, IS STAYED, pending further order of this Court. The Court will take under advisement the issues :raised in these proceedings and file a memorandum opinion forthwith. By the Court, Edgar B. Bayley, J July 25, 1994, Order, filed. =N RE: Motion to Stay Sheriff Sale. AND NOW, this 25th day of July, 1994, the stay of the sheriff sale entered on July 11, 1994, IS CONTINUED pending a hearing and further order consistent with this opinion. The hearing shall be held on Monday, August 8, =994, at 3:00 p.m. in Courtroan Number 2. By the Court: Edgar B. Bayley, J. July 29, 1994, Order Of Attachment Of Income, filed. August 8, 1994, Order of Court, filed. AND NOW, this 8 day of August, 1994, upon request of counsel for defendant and unopposed by counsel for plaintiff, the hearing scheduled for Monday, August 8, 1994, IS CONTINUED. The matter may be relisted at the request of either counsel. By the Court, Edgar B. Bayley, J. October 4, 1994, Notice Of Deposition Upon Oral Examination Under Pa. R.C.P. 3117 And Request For Production Of Documents Under PA R.D.P. 4009, filed. 4164 �,u,a,( :-7'c.�ic,s;,J .S. .a�.c+-1c.,.-�C. / - 3.9 4 . (...�i...C�rt.a.: /',r. - . YL�' G. 7 /9 9Y - January y.January 17, 1995, Request For Hearing and Order of Court, filed. AND NOW, this 17th day of January, 1995, upon request of counsel for Sandra H. Osterlund, Plaintiff -Respondent, a hearing shall be held on 9th day of February, 1995 at 3:00 o'clock P.M. in Courtroan No. II, Cumberland County Courthouse, Carlisle, Pennsylvania. The hearing is being held pursuant to tha Opinion and Order of Court in re: Motion to Stay Sheriff Sale dated July 25, 1994. pp,, n pp BY THE COURT: Edgar B. Bayley, J. )24)24,c,:#n./.ic.w*..1; rgaa-.Z/P.V4.5' : >/ 71 May 23, 1995, Motion For Transcript, filed. (Plff) ND. 48 EQUITY (B.F. Fmn Page 96-C) Csterlu d vs Osterlund February 9, 1995, Affidavit Of Service, filed. (Certified Mail Jason Oterlund) February 9, 1995, Affidavit of Service, filed. (Cert. mail Clayton Latsha) February 10, 1995, Order of Court, filed. AND NOW, this 9th day of February, 1995, this matter having been called for a hearing that was continued from August 8, 1994, pursuant to this Court's order of July 25, 1994, supported by a written opinion, and the parties having reached an agreement to resolve the dispute that arose solely as a result of the issues as set forth in that opinion, IT IS ORDERED: 1. 1. Petitioner, Jan A. Osterlund, shall pay to respondent Sandra H. Osterlund, this date, by means of a cashier;=_ check, the sum of $1,427.76. 2. The sum of $11,606.24 of petitioner's funds currently held by Jack Hurley, Esquire, shall be forthwith transferred to respondent through her attorney. Respondent shall then forthwith satisfy the $8,058.74 judgment for unpaid alimony at this term and number and the $3,547.50 judgment for counsel fees also entered at this term and number. 3. Respondent shall provide petitioner the following personal property which he shall pick up at her house on Saturday, February 11, 1995, between 9:00 a.m. and noon. This property shall be and remain the sole and separate property of petitioner. Large copper bucket, antique Victorian walnut dresser, antique Victorian gold gilded mirror 8' inches by 36 inches, antique gold gilded mirror with Egyptian head, antique leather bound National Geographics, Victorian lounge (blue with pleated skirt), number one duck decoy canvas back male (Carver -Cunningham), number two duck decoy canvas back female (Carver -Cunningham), antique Victorian fireplace fan, ,antique Victorian loveseat (red), leather wing chair and ottoman, one phantom spiral router machine and table (without router), and copper wash boiler. 4. All remaining items of personal property purchased by respondent at a sheriff sale on April 27, 1994, shall be and remain respondent's separate property. By the Court, Edgar B. Bayley, Judge Sheriff Return: R. Thomas Kine, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. So Answers: R. Thomas Kline, Sheriff 2/16/95 Patricia Shatto, Dpty Shff February 10, 1995, Praecipe, filed. Please cause the judgment or judgments in the amount of $8,058.74 to be duly satisfied upon your docket and indices in the above referenced matter. Please also cause the judgment in the amount of $3,547.50 to be duly satisfied in the above referenced matter. SNELBAKER & BRENNEMAN, P. C. By Philip H. Spare, Esq., Atty for Plff February 24, 1995, Amended Order of Court, filed. AND NOW, this 23rd day of February, 1995, this matter having been called for a hearing that was continued from August 8, 1995, pursuant to this Court's order of July 25, 1994, supported by a written opinion, and the parties having reached an agreement to resolve the dispute that arose solely as a result of the issues as set forth in that opinion, IT IS ORDERED: 1. Petitioner, Jan A. Osterlund, shall pay to respondent, Sandra H. Osterlund, this date, by means of a cashier's check, the sum of $1,427.76. 2. The sum of $11,606.24 of petitioner's funds currently held by Jack Hurley, Esquire, shall be forthwith transferie.3 to respondent through her attorney. 3. By virtue of the payments set forth in Paragraphs 1 and 2, petitioner shall be given credit for $13,034.00 against unpaid alimony obligations. 4. Respondent shall provide petitioner the following personal property which he shall pick up at her house on Saturday, February 11, 1995, between 9:00 a.m. and noon. This property shall be and remain the sole and separate property of petitioner. Large copper bucket, antique Victorian walnut dresser, antique Victorian gold gilded mirror 81 inches by 36 inches, antique gold gilded mirror with Egyptian head, antique leather bound"National Georgraphics, Victorian Lounge (blue with Fleated.skirt), number one duck decoy canvas back male (Carver - Cunningham), number two duck decoy canvas back female (Carver -Cunningham), antique Victorian fireplace fan, antique Victorian loveseat (red), leather wing chair and ottoman, one phantom spiral router machine and table (without router) and copper wash boiler. 5. All remaining items of personal property purchased by respondent at a sheriff sale on April 27, 1994, shall be retained by the respondent and remain her separate property and are accepted herein in satisfaction of the $8,058.74 judgment for unpaid alimony at this term and number and the $3,547.50 judgment for counsel fees also entered at this term and number. Respondent shall then forthwith satisfy these judgments. By The Court: Edgar B. Bayley, J. May 23, 1995, Motion For Transcript, and Order, filed. AND NOW, this 30th day of May, 1995, based upon consideration of the Plaintiff's Motion for Transcript, it is ORDEREC that the record of the May 24, 1994 hearing in the above -captioned matter be transcribed at the expense of Plaintiff, Sandra H. Osterlund, reserving the right of Plaintiff to seek reimbursement from Defendant of said cost at a later time. BY THE COURT: Edgar B. Bayley, J. January 17, 1996, Praecipe, filed. Please cause the judgment in the amount of $16,041.50 which was entered on or about May 24, 1994 to be duly satisfied upon your docket and indices in the above captioned matter. Snelbaker & Brenneman, P.C. By: Philip H. Spare, Esq. January 19, 1996, Plaintiff's Petition For Award Of Attorney's Fees, Costs and Expenses,filed Philip H. Spare, Esq. January 24, 1996, Order filed. AND NOW, this 24th day o :January, 1996, upon consideration of Plaintiff's Petition For Award of Attorney's Fees, Costs and Expenses, a Rule is hereby issued upon Defendant to show cause, if any he has, why the relief sought in said Petition should not be granted. Said Rule to be returnable at a hearing to be held on the 2nd day of April, 1996 at 3:45 o'clock P.M. in Court Roan No. 2 of the Cumberland County Court House at Carlisle, Pennsylvania. A certified copy of this Order shall serve as the Rule herein. Service of such Order and the underlying Petition shall be made upon the Attorney for the Defendant forthwith by certified mail, return receipt requested. BY THE COURT, Edgar B. Bayley, Judge Notices mailed 1/24/96 1992 NO. 48 EQUITY (B. F. From Page 96-D) Osterlund vs Osterlund April 2, 1996, Affidavit of Service, filed. April 11, 1996, Order of Court, filed. AND NOW, this 9th day of April, 1996, following a hearing, counsel fees and expenses are awarded to Sandra H. Osterlun1 from Jan A. Osterlund in the amount of $7,500.00. By the Court, Edgar B. Bayley, Judge May 22, 1996,Praecipe, filed. Please enter judgment in favor of Plaintiffand against Defendant in the amount of $7,500.00 pursuant to the attached Order of Court dated April 9, 1996. SNELBAKER & Brenneman, P. C. Philip H. Spare, Esq., for Plff Judgment: Volume 0 Page 17 Volume 0 Page 17 July 30, 1996, Petition To Withdraw As Legal Counsel, filed. July 30, 1996, Order, filed. AND NOW, this 31 day of July, 1996, upon consideration of the within Petition, it is hereby ORDERED that Diane G. Radcliff, Esquire, is granted leave to withdraw as counsel for the Defendant, Jan A. Osterlund. BY THE COURT: Edgar B. Bayley, Judge January 28, 1997, Petition For Emergency Enforcement of May 24, 1993 Decree. January 29, 1997, Order of Court, filed. AND NOW, this 28th day of January, 1997, a Rule is entered against Jan A. Osterlund to show cause why the relief requested herein should not be granted. Rule returnable at a hearing to be held in Courtroom Number 2, Cumberland County Courthouse, Carlisle, at 11:30 a.m., Tuesday, February 4, 1997. By the Court, Edgar B. Bayley, Judge Copies mailed 1/29/97 Fiebruary 5, 1997, Order of Court, filed. AND NOW, this 4th day of February, 1997 following a hearing of which Defendant had notice but did not appear, upon consideration of this Court's Decree dated May 24, 1993 and Plaintiff's Petition For 1sergency Enforcement of May 24, 1993 Decree, it is ORDERED AND DIRECTED as follows: Defendant Jan A. Osterlund shall enroll Plaintiff Sandra H. Osterlund in the Individual Plan for Blue Cross/Blue Shield and Major Medical, including vision and dental plans, effective immediately. In the event Defendant fails to enroll Plaintiff in the health insurance plan as directed hereinabove by February 15, 1997, Plaintiff may take the necessary steps to enroll herself with payment to be reimburses as directed hereinbelow. Beginning on or before March 1, 1997, the Domestic Relations Office shall attach Defendant's incase from his current employer at an amount equal to the monthly premium due Blue Cross/Blue Shield for the Plaintiff's health insurance coverage as stated hereinabove and the Danestic Relations Office shall pay such amount over to Plaintiff. Counsel for Plaintiff is directed to inform the Domestic Relations Office of the amount of the monthly premiums. The amount to be attached is in addition to the current amount of $400.00 every two weeks currently being attached by the Danestic Relations office. Plaintiff has not waived any right to seek counsel fees frau Defendant for any amounts which may have been incurred in this enforcement proceeding. BY THE COURT: Edgar B.Bayley, Judge Copy mailed to atty - OsterlLnd Copies personally give to Atty Spare March 10, 1997, Petition For Entry Of Judgment, filed. Plff AND NOW, this 12th day of March, 1997, upon consideration of Plaintiff's Petition For Entry of Judgment, a Rule is hereby issued upon Defendant, Jan A. Osterlund, to show cause, if any he has, why judgment should not be entered in favor of Plaintiff and against Defendant, in the amount of $16,508.60 pursuant to the averments contained in said Petition. Said Rule is returnable 10 days after service. Service of this Order may be made upon Defendant by certified mail, return receipt requested. Any answers filed by defendant shall be forwarded by the Prothonotary to Chambers. BY THE COURT: Edgar B. Bayley, Judge Notices mailed 3/12/97 March 24, 1997, Answer ro Rule and New Matter, filed. March 27, 1997, Order of Court, filed. AND NOW, this 27th day of March, 1997, IT IS ORDERED that counsel'for defendant shall file a memorandum in this chambers not later than seven (7) days from this date setting forth any legal precedent for the position taken in paragraph 11 of defendant's new matter to plaintiff's petition for the entry of judgment. Counsel for plaintiff shall file a response memorandum within fDurteen (14) days of this date. If either party wants oral argument that request should be set forth in the memorandum. By the Court, Edgar B. Bayley, Judge Copies mailed 3/27/96 April 3, 1997, Amended dertificate of Service, filed. (Answer To Rule & New Matter) April 7, 1997, Petition or Modification of Order. (February 4, 1997 Order) April 10, 1997, Plaintiff's Reply to New Matter. April 10, 1997, Order of Court, filed. AND NOW, April 10, 1997 upon consideration of the attached Petition, it is hereby directed that a hearing in the above -captioned matter be set for the 23rd day of April, 1997, at 1:30 p.m., in Courtroom No. 2 of he Cumberland County Courthouse at One Courthouse Square, Carlisle, Pennsylvania. Edgar B. Bayley, Judge Notice mailed 4/10/97 April 14, 1997, Amended Order of Attachment of Incase, filed. BY THE COURT, Edgar B. Bayley, Judge copies sent 3/24/97 by D.R. TY 1992 B. F. Fen Page 96-E) Osterlund vs Osterlund April 14, 1997, Order of Court, filed. AND NOW, this 11th day of April, 1997, following consideration of the briefs filed pursuant to the entry on March 12, 1997, of a Rule against defendant, the Rule IS MADE ABSOLUTE. Judge- ment is entered in favor of plaintiff and against defendant for the amount of $16,508.60 for the time period between Novencer 1, 1995 and January 31, 1997. By the Court, Edgar B. Bayley, Judge copies mailed 4/14/97 Judgement: Volume 0 Page 17 Volume 0 Page 17 April 21, 1997, Order, .`iled. AND NOW this 21st day o= April, 1997, upon consideration of the request made by counsel for the parties, it is hereby directed that a Stipulation of Facts be filed on or before April 25, 1997, and that parties submit briefs with Petitioner's brief due on or before Friday, May 2, 1997 and the brief for Respondent due on or before Monday, May. 12, 1997. Accordingly the hearing set for the 23rd day of April, 1997, at 1:30 p.m. in Couthuur No. 2 of the Cumberland coounty courthouse is hereby continued pending further Order of Court. BY THE Court, Edgar B. Bayley, Judge yd/ -97 C..74.«.: rrm-j% { • April 25, 1997, Stipula:ion of Facts, filed. June 6, 1997, Affidavit of Service, filed. (Copy of Order to deft) June 17, 1997, Order of Court, filed. AND NOW, this 17th day of June, 1997, following a comprehensive review of the stipulation of facts and the briefs filed in support of the positions of each party, IT IS ORDERED that the petition of defendant to modify this court's order'of February 4, 1997,15 DEIN. By the Court, Edgar B. Bayley, Judge copies mailed 6/17/97 July 18, 1997, Plaintiff's Petition For Adjudication Of Civil Contempt, filed. July 23, 1997, Rule, fit... . AND NOW, this 23rd day cf July, 1997 upon consideration of Plaintiff's Petition for Adjudication of Civil Contmrrt, a Rule is hereby entered upon Defendant Jan. A. Osterlund, to show cause why he should not be held in contempt as requested in Plaintiff's Petition and why Plaintiff should not be afforded relief in order to bring Defendant into compliance. Rule returnable at a hearing scheduled for the 6th day of Octotober, 1997 at 1:30 o'clock P.M. in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley, Judge Notices mailed 7/22/97 September 2, 1997, Certificate P filed. (Plff -Philip H. Spare, Esq.) October 14, 1997, Order of Court, filed. AND NOW, this 14th day of October, 1997, upon agreement of counsel for the respective parties, the hearing previously scheduled for the 6th day of October, 1997, regarding Plaintiff's Petition for Adj xlication of Civil Contempt is continued and the Rule entered July 23, 1997, upon Defendant Jan A. Osterlund is returnable at a hearing scheduled for the 9th day of December, 1997 at 3:30 o'clock P.M. in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania. quisiteTo Service Of A Subpoena Pursuant To Rule 4009.22 BY THE COURT: Edgar B. Bayley, J. Notices mailed 10/14/97 Decanter 1, 1997, Order of Court, filed. AND NOW, this 1st day of December, 1997, upon agreement of counsel for the respective parties, the hearing previously scheduled for the 9th day of December, 1997, regarding Plaintiff's Petition for Adjudication of Civil. Contempt is continued and the Rule entered July 23, 1997, upon Defendant Jan A. Osterlund is returnable at a hearing scheduled for the 15th day of December 1997 at 10:3C o'clock a.m. in Courtrwu No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Edgar B. Bayley, J. Notice mailed 12/4/97 Deoerber 12, 1997, Adend>,nm To Plaintiff's Petition For Adjudication Of Civil Contempt December 17, 1997, Order of Court, filed. AND NOW, this 15th day o' December, 1997, it is ordered that a wage attachment in the amount of $1,156.00 a month ( 866.00 for partial alimony and $290.00 for medical expenses) payable to plaintiff, Sandra B. Osterlund,•through the Domestic Relations Office at DR 22,866 (PACSES231000038) shall be en:ered against LoJan Associates, a partnership. The first payment due under this wage attachmen: shall be as of December 30, 1997. The wage attachment now in effect dated May 24, 1994, ag inst Osterlund. Incorporated, IS VACATED. By the Court, Edgar B. Bayley, Judge Copies mailed 12/18/97 December 18, 1997, Order of Court, filed. AND NOW, this 15th day of December, 1997, this matter havingbeen called on a petition to hold defendant, Jan A. Osterlund, in contempt for failure to make payments as required, defendant admitting he is in contempt, I adjudicate defendant in contempt. Defendant may purge himself of this contempt by making a $1,753.00 payment to plaintiff not later than January 15, 1998. If this payment is not made by that date, defendant is ordered to appear for disposition in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 9:00 a.m., Tuesday, January 20, 1998. By the Court, Edgar B. Bayley, J. copies mailed 12/18/97 December 18, 1997, Order of Court, filed. AND NOW, This 15th day of December, 1997, judgment is entered in favor of Sandra H. Osterlund against Jan A. Osterlund in the amount of $11,2.63.00 for amounts owed to plaintiff for alimony through November _'0, 1997. By the Court, Edgar B. Bayley, J. copies mailed Judgment entered in accordance with above Order of Court. Lawrence E. Welker, Prothonotary EQUITY 1992 (B.F. From Page 96-F) Ceterlund vs Osterlund Flebruary 20, February 26, AND NOW, thi Sanctions to Enfo should not enter Orders of this C The Rule is No. 2. Notice mailed 2/2 May 1, 1998, AND NOW, this Osterlund to show issued against J adjudication shal 1:30 p.m., Monday, Copies mailed 5/0 September 1, . AND NOW, th' December 15, 1997 Osterlund, dispos to appear at 1:30 Copiesmailed 9/2/ September 1, AND NOW, thi against defendant Copies mailed 9/2 Judgment: Volume Volume December 17, AND NOW, th. Defendant to the for December 14, the 1st day of M Notice mailed 12/ March 5, 199 AND NOW, thi (1) The wag ($866 for partial Domestic Relation a month ($866 for (2) Defenda attachment paid t Associates. (3) The financiallsituati Osterlund. 1998, Petition For Imposition Df Sanctions To Enforce Orders of Court, Plff. 1998, Rule To Show Cause, filed. 26th day of February, 1998, upon consideration of Plaintff's Petition for Imposition of Orders of Court, a Rule is _ssued upon Defendant to appear and show cause why this Court derend/or issue sanctions against Defendant to bring Defendant into compliance with the various turnable at a hearing be held on the 30th day of April, 1998 at 8:45 o'clock A.M., in Courtroom BY THE COURT: Edgar B. Bayley, Judge er of Court, filed. 1st day of May, 1998, followirg a hearing, the Rule issued on February 26, 1998, against Jan A. ause why he should not be adjudicated in contempt, IS MADE ABSOLUTE. A Citation of Contempt is A. Osterlund for failure to comply with this court's order of December 15, 1997. Final be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at August 31, 1998. By the Court, Edgar B. Bayley, J. 1998, Order of Court, filed. 31st day of August, 1998, Jan A. Osterlund is adjudicated in contempt of this court's order of Believing that defendant is making goad faith efforts to pay the amounts due Sandra H. tion is defereed until Monday, December 14, 1998, at which time defendant is ordered and directed .m., in Courtorcm Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Edgar B. Bayley, Judge 1998, Judgment, filed. 31st day of August, 1998, judgment Jan A. Osterlund, in the amo.nt of 98 O Page 17 O Page 17 1998, Order of Court, filed. 17th day of December, 1998, based upon an agreement of the parties and payment of $3,400.00 by stic Relations Office on Dezember 14, 1998, a sixty-day continuance of the hearing scheduled 998 is hereby granted and the parties are directed to appear for a hearing in Courtroom No. 2 on h, 1999 at 11:30 o'clock A.M. is entered in favor of plaintiff, Sandra H. Osterlund, $14,137.52. By the Court, Edgar B. Bayley, Judge BY THE COURT, Edgar B. Bayley, Judge 8/98 , Order of Court, filed. 5th day of March, 1999, following a hearing, IT IS ORDERED: attachment set by this court'a order of December 15, 1997, in the amount of $1,156 a month alimony and $290 for medical expenses) payable to plaintiff Sandra H. Osterlund, through the Office, against LoJan Associates, a partnership, is amended effective March 1, 1999, to $1,217 partial alimony and $351 for medical insurance). t, Jan A. Osterlund, shall, as a partner of LoJan Associates have the $1,217 a month wage the Domestic Relations Office before he draws his first dollar a month out of LoJan st by plaintiff for further relief is denied at this time based on defendant's current and our believing that he is making good faith efforts to pay the amounts due Sandra H. 1. There is o -credible evidence that;defe-ndant has -.Intentionally reducedhis inccme,or dissipated his assets in an effoto avoid paying his contractual obligations to Sandra H. Osterlund. Notices mailed 3/1./99 mar 15, 1999, March 3, 2000, P March 3, 2000,Ruh. AND NOW, thi Adjudication of C he should not be relief in order t Rule returna Cumberland ,County Copies to Atty S Mailed to Defts A of Attachment of Income, filed. By the Const, Edgar B. Bayley Judge tition For Emercency Relief and Adjudication Of Civil Contempt, filed. Plff , filed. 3rd day of March, 2000, upon consideration of Plaintiff's Petition for Emergency Relief and vil Contempt, a Rule is hereby entered upon Defendant Jan A. Osterlund, to show cause why ld in contempt as requested in Plaintiff's Petition and why plaintiff should not be afforded bring Defendant into compliance. le at a hearing scheduled for the 6th day of March, 2000 at 8:45 A.M. in Courtroom No. 2, Courthouse, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley Judge December 29, 2000, (See paper fi January 24, 2001, October 25, 2001, November 6, 2001, AND NOW, To wit, A rule is issued o dismissing the int Matter due to no e 1999. The Plaintif If an answer is no Cumberland county re ty. elease of Lien of Judgments, 7i1ed. Order/Notice To Withhold Income For Support, Filed swer to the October 3, 2001, Rule to show Cause, Philip H. Spare, ESq. er, filed. this October 3, 2001 it is he: the Plaintiff, Sandra H. Oste rest of the Cumberland count forcemen action by plaitniffys is to file an answer within 2 for plff eby ordered that: lund, to show cause why an order should not be entered Kmestic Relations section in the above captioned Alimony nce March 1999 and noyments being made since October days after service ofpthe rule upon her. timely filed with the Domesti, Relations section an order shall be entered dismissing stic Relations Section's interest in the matter. By the court Edgar B. Bayley J November 27. 2001, Affidavit of Service, filed. No. 48 Equity 1992 Osterlund vs Osterland December 14, 2001, Order, filed. AND NOW, to wit this December 7, 2001 it is hereby Ordered that: That the order of November 20, 2001 is vacated as plaintiff did filed a timely answer to the rule to show cause, however the Domestic Relations Section was indavertently not copied. Therfore, it is further ordered and directed that said arrears in the November 20, 2001 order be reinstatl and the alimony is to resume at $866.00 Per Month Effective November 19, 2001. By the court Edgar B. Bayley J Copies mailed by dro MARCH 6, 2002, Plaintiff's Petition for Entry of Judgment and Adjudication ivil Contempt, filed. 7, 2002, Rule. AND NOW, this 7th day of March, 2002, upon consideration of Plaintiff's Petition for entry of Judgment and adjudication of Civil Cont anpt, a Rule is hereby entered upon defendant Jan A. Osterlund, to shouw caus he should not beheld in contempt as requested in Plaintiff's Petition and why Plaintiff shuld not be afforded relief in order to bring Defendant into Compliance. Rule returnable at a hearing scheduled for 3/28/02 at 9:45 A.M. in Courtroom 2 Cumberland co9nty Courthouse Carlisle, Pennsylvaiia. Copies Mailed 3/7/02 By the court Edgar B. BAyley J 2002, Order, In re Petition of Deft's counsel for leave to withdraw, Filed. AND NOW, this 13 day of march 2002, upon consideration of the verified Petition fo Defendant's Counsel ave to withdraw, it is hereby Ordered adn decreed that said Petition is granted and that Petitioner, illiam C. Kollas ESq be permi:ted to withdraw his appearance of record for the deft in the above Natter. Copies Mailed 3/14/02. By the court Edgar B. BAyley J Kardt 28, 2002, Order of court, Filed. AND NOW, This 28th day of March 2002, following a hearing the rule issued on March 7, 2002, agaitst Jane A. Osterlund to show cause why she shuld not be adjudicated in contempt, IS MAD ABSOLUTE. A c_tation of contempt is issued against Jan A. Osterlaund for failure to comply with this court's numerous order. Final adjudication shall be conducted in courtiwm Number 2 Cumberland county courthouse Carlisle PA at 8:45 am on Wednesday July 3, 2302. Copies Mailed. By the court Edgar B. Bayley J March 28, 2002, Order of Court.,Filed. AND NOW, THIS 28th day of MLrch, 2002, judgment is entered in favor of Sandra H. Osterlund and against Jan A. Osterlund in the Amount of $71,406.14 for amounts owed to Plaintiff for alimony for the time period f September 1, 1998 through February 28, 2002. Vol 0 aa 17 Jot O 7 By the court Edgar B. Bayley J Copies mailed ApriU3,'2002, Pr ci to witidraw appearance for deft Jan A. Osterlund, by William C. Kollas Esq. July 5. 2002, Order of Court, filed. AND NOW, July 5, 2002, a hearing on disposition of the finding o'f'tivil contempt against, defendant Jan A. Osterlund shall be conducted in Courtroom No. 2, Cumbeflan8 Couh'fy Courthouse, Carlisle, ,PA at 11:00 a.m., Monday, July 22, 2002. Failure ofcDetendant to appeal will result in the issuance of an Order of Attachment for his arrest and production in Court. By the Court, Edgar B. Bayley, J. Copies to Atty Spare 7/5/02 July 19, 2002, °order of COurt filed. AND NOW, this 19th day July, 2002, the hearing on the disposition of the finding of civil contempt against defendant, J A. Osterlund, now scheduled for July 22, 2002, is cancelled and rescheduled for Monday, A gust 26, 2002, at 11;00 a.m., in COurtroom Number 2, Cumberland County Courthouse, Oarlicle, nnsylvania. Failure of defendant to appear will result in the suance of an order of atta nt for his arrest and production in court. pies mailed 7/22/02. By the Court, Edgar B. Bayley, J. August 1, 2002, Sheriff Re ed. Jan Osterlund Defendant, t served by Sheriff.' Not living at address provided. Belie to be living in trailer park off Shauffnertown Road, Fairview Twp - York County. So Answers: R. Thomas Kline, Sheriff Sheriff's Costs: $42.66 pd Sn baker, Brenneman, Spare 7/03/02 August 1, 2002, Sheriff's Re , lied frau York County. Jan Osterlund, Defendant York County - per brother, he moved 2-3 years ago to either to Florida or Arizona. Sheriff's Costs $54.87 pd 7/1 William M. Hose, Sheriff of York County /02 Snelbaker, Brenneman, Spare August 28, 2002. Order of Cour ,. filed. AND NOW, this 26th day o August, 2002, following an adjudication finding defendant in civil contempt of this Court's order of March 5, 1999, the following disposition is ordered. 1. Defendant is committeto the Cumberland County Prision in civil contempt. 2. Defendant may purge mself of contempt as follows: A. Placing Sandra H. Osterlund on the health insurance plan of Loam.' Associates and providin her with the necessary documen ation to 'use such coverage. B. Present plaintiff, th ough her counsel, with a written plan to purge himself of contempt he order of March 5, 1999. C. Provideplaintiff, thr ugh her counsel, with the full financial records of LoJan Associa for the last two years. D. Advise plaintiff, thrugh her counsel, with the full financial records of any change of address within one day of sch change. 3. Commitment to the Cum+•erland County Prison is deferred until 8:45 a.m., Tuesday, Septembe 17, 2002, at which time defend-nt is ordered to appear in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, for a determination of whether he has met the within conditions purge. By the Court, Edgar B. Bayley, J. opies mailed. Aug. 28, 2002 September 20, 2002, Order of •.urt, filed. AND NOW, this 17th day o September, 2002, this matter is continued until furter order of co Copies Mailed 9/20/02 the court Edgar B. Bayley J October 16, 2002, Order of Co , Filed. AND NOW, This 16the day of October, 2002, we find that defendant has complied with the four conditions set forth in the ,.vier of August 26, 2002, for him to purge himself of contempt; the provision in that order comm ting him to the Cumberland County Prison in civil Contempt IS VACA s-oyu...y vD1.e11u11U vs vSLerlunu February 10, 20 February 14. 2003 Pleaseamen Declaratory Judg and Jan A. Oster April 11, 2 Relief. By September 22, 200 Notice mailed 9/17 October 13, 20 AND NOW to County Domesti matter, effect Relations Sect The Alimon % . it , ab/0, P Praec; pC 3, Petition for Declatory Relief, By Anthony N, Thomas, Esq. Praecipe to Ammend Caption, fled. he Caption in the above docketed matter to read as statedabove. The original Peition for ent filed on February 10, 2003. was erroneously entered with Sandra H. Osterlund as Defendant and as Plaintiff. Respectf,lly submitted„ Anthony N. Thoma , Petitioner's Motion for Leave of court to file Memorandum of Law in support of petition for Declarato thony N. Thomas, Esq. Order/Notice to Withhold Inccine for Support,filed. By the Court, Edgar B. Bayley, J. 6, ORDER OF COURT it, this. 13th day of October 2006, it is hereby Ordered that the Cumberland Relations Section dismiss their interest in the above captioned Alimony n ve November 1, 2006, as the arrears are unenforceable through the Domestic on. account is closed with a balance of $79,917.67 as of this date. By the Court, Edgar B. Bayley Judge 4:°'-eA4ryo4' ap, .ruaee. e" -y o 4 appectrrznee on be 411 o -('-11,e PIa;nf;-r- K • ef-/u,,a',',m 4-4e ah Plus?' I , ao/o P ec pc r mc,14 . Praec. pc ' or en47y 01 no4g ton4-- O✓ T11..KJGI Qn o� $71,917.7 )cc 1'l, 2.or a / pr; Uol o fy.17 / 6/ 411 i0,47 --/14 d4-a`da1 o(ap -akcc 151 at/: is L- 6 8/e-otan,-i /;p i( Sp2fe �sf Jud$a1ct¢ en-Ie.^m( rn `K. /sl By - Ph:14, 1{- Stere a •'>10 (04„n Co. shy;fFs Refu n Served Lorito•f&xeeufio9 upon deft cd lao Winston Dr. Mesh, PA I'10 aara W •Bow en Blvd, Mech. PA 4 Med +t, 3545 W. Waren Lone, Anthem AZ BSD81' Si-E..� r Zoic vat A es -02.4. -[, A 1 . o{7 E ecse.:'�•� u�wa .ftp 7r+rs w.1.0an.asio1.7+>c, Raif.�., Z sLEn.m #‘97.13,1 5, ae II ri� ''s 12e'l-krh 1.42,r;4- o -r. Exrcic l: cn i s r e�urn ec( Sheri-a'Cpsis, 4/'9 �O tvio"l 13,0( May t3, a- Sl,er:��' Pa' d .t - OD C'v - :f • S D I/ {4achme�►f ,i�sl� �,e j1.fi Ike' Relee4Se a k & 06 �� lma• Jane Selo• f�raece (?close��co_ SALG gra1C���S Aug.�gll,ao pr�s7 uo )L'° Jmttiymenf � `f amoµ!rf jucirenf 79/g7. sa ssed. PI�'� 6Des YemiSt, VZI Cr POttli,�r a isc to r e lbe•�Cvu , E AeM a ee, , f d eJI antaunk coed vier- k Pe�,od 11) Ora AS a. v-es0.4 k� ` -e"' Atv"ere.., scortl.nK2d . I�a(K/s Ek i CAS2 ;s C lose dcff �gst 1- Wleut 1, 94)114 apt riot- etsekiv ja. • 174.iit0iY FROM RECORD TeaftWAY Wtif MOO here unto set my hand end tirAV k Carlisle, Pa. 9C,T Mthi 13, aoiq 9 al, aoig, 43o,c2oitl, o ablq, June ici, aot,f, \lull 7, dol.& July 1+,L1 auly 17, ao14. 3u.I/ as ,a014, .6.1a8.1001 1419 5°.a°14 epi- 17, otolq i3 O)4 c15, aoly RDLE b8 33 Ma9 ,aoiLi-muRE: peli+ion for PIA5UAkir To CC- R.F reenieErnt-4{30/8,9 ,PeoPee:ry s ETTLE AGeEL/)O1 -Rule issusd s.-cuD cause- plff &iensur.r petition 14in .aocIaLis 4 serve shall be e_ompleieci ctDdep. Ri.-Lsdeie-ArAurnerrt sel- for 7»J), iooam. O.Rti • exple-s Mailec15/05 Ozurt Byihe bert ti • klasbrd, T LOEE TD Pcn-noto , by de -b+/ -18-n Otherlund A !Dm, rnervt c 4/e2tV8s Pfolserki yanj reerhent upon oleb,7- by &rep-, W. 'Bair, E-scLa+19 for Plff McrnoN 'To MAKE Rum ABsca-u-rs, by &re3orLi W. BrJt, i - for - co -r- 6114114- IN Re: PLff.s MoHct to Make -Rule. Absolui-e-*D Bythe orF ibex' k'ttc4ta*d b9 M011oN ID CON-ri NUE AP.AIJMENT SCHEDULED 7 by areTrti W. Bair31- i-9)rptcf. RIDER - 7/16//4- IN RE: Mo-ri ox) ezian toUE-- 14-. evrtrit-T • 0 -ATE of &stay WE- PIO FIrs+e-1- In-lerrecy4ories upon de.bi-- W. Bair E. a+fil teATE oF SE CE - Ptifs Peq_uv.s-Is Prc6c6ion ectmaneivIE.upcnclett-IN &Novi -Bair „Eat CEeT1FIC-A7E CF ssebHc&f1elephenic be.pcsition upon 6E9- - b, gre•30ry • BE314-1L, e9-141.4_pifF RLER or Coo ei-Herner, %tow SeCA)ri - 111014- IN RE: Plf-f POitionforEnforcement ef 4/30)88 flap - *14,RA)311ED*- toe di re [R-.0 +0 3arnish the deb-i- arrri. or $777,00 per month. By -1+1e eourt AL6A-1— Nes6yi , 0.opies mailed cljafiq *Copy -to Dizo*. INCOME WEN PluziNa FbR SOPPIDeT - V14114 - by the 0..ourf «en A. Re, PT Pen -non -rt OPEN JU,DGMEN - by Keil -11 E. l'erdall cieb+ CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing NOTICE OF APPEAL upon counsel for the Plaintiff and related entities, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addresses as follows: Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 Social Security 8661 Citizens Drive New Port Richey, FL 34654 Date: October 7, 2014 Ricki Shadday Domestic Relations Section 13 N. Hanover St., PO Box 320 Carlisle, PA 17013 Social Security Administration Mid -Atlantic Program Service Center 300 Spring Garden Street Philadelphia, PA 19123-2992 IKdstina Nicole. law clerk Joseph D. Seletyn, Esq. Prothonotary Jennifer Traxler, Esq. Deputy Prothonotary 6uperior Court of fienttopthania Middle District October 8, 2014 Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Sandra H. Osterlund v. Jan Osterlund Appellant 1674 MDA 2014 Trial Court Docket No: 48 EQ 92 Dear David D. Buell: Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Han-isburg, PA 17106-2435 (717) 772-1294 www.pacourts.us/courts/superior-court C=I Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Jennifer Traxler, Esq. Deputy Prothonotary /ca Enclosure 12:52 P.M. Appeal Docket Sheet Docket Number: 1674 MDA 2014 Page 1 of 2 October 8, 2014 Sandra H. Osterlund v. Jan Osterlund Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: October 7, 2014 Journal Number: Case Category: Civil CONSOLIDATED CASES CAPTION CASE INFORMATION Awaiting Original Record Case Type(s): Superior Court of Pennsylvania Secure Divorce RELATED CASES SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: October 22, 2014 Next Event Type: Original Record Received Next Event Due Date: December 8, 2014 COUNSEL INFORMATION Appellant Osterlund, Jan Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Kendall, Keith Edward Bar No: 042910 Address: Scaringi & Scaringi PC 2000 Linglestown Rd Ste 106 Harrisburg, PA 17110 Phone No: (717) 657-7770 Fax No: (717) 657-7797 Receive Mail: Yes Receive EMail: Yes EMail Address: keith@scaringilaw.com Appellee Osterlund, Sandra H. Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Bair, Gregory Wayne Bar No: 208156 Law Firm: Griffith, Strickler, Lerman, Solymos & Calkins Address: Stock And Leader Llp 221 W Philadelphia St Ste E600 York, PA 17401-2994 Phone No: (717) 846-9800 Fax No: Receive Mail: Yes Receive EMail: Yes EMail Address: gbair@stockandleader.com 12:52 P.M. Appeal Docket Sheet Docket Number: 1674 MDA 2014 Page 2 of 2 October 8, 2014 FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Superior Court of Pennsylvania Secure 10/07/2014 Notice of Appeal 85.50 10/08/2014 2014 -SPR -M-000859 Receipt Amt 8550 AGENCYITRIAL COURT INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: September 16, 2014 Judicial District: 09 Documents Received: October 8, 2014 Notice of Appeal Filed: October 7, 2014 Order Type: Order Entered OTN(s): Lower Ct Docket No(s):48 EQ 92 Lower Ct Judge(s): Masland, Albert H. Judge Original Record Item ORIGINAL RECORD CONTENT Filed Date Content Description Date of Remand of Record: None Filed Date • BRIEFING SCHEDULE None DOCKET ENTRY Docket Entry / Representing Participant Type Filed By October 7, 2014 Notice of Appeal Docketed Appellant Osterlund, Jan October 8, 2014 Docketing Statement Exited (Civil) Middle District Filing Office 2014 OCT17 Ci1Fn 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND, Defendant 1.,OU ,Ty YLVANIA PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE AND NOW, this 167ay of October, 2014, comes the Respondent/Plaintiff, Sandra H. Osterlund, by and through her attorneys, Gregory W. Bair, II, Esquire, and Stock and Leader, LLP, and files this Answer to Rule to Show Cause Why Petitioner/Defendant's Petition to Open Judgment should not be granted, and in support thereof sets forth the following: 1. Respondent/Plaintiff is SANDRA H. OSTERLUND (hereinafter referred to as "Plaintiff'), who is an adult individual residing at 409 Deerfield Road, Camp Hill, Pennsylvania. 2. Petitioner/Defendant is JAN A. OSTERLAND (hereinafter referred to as "Defendant"), who is an adult individual residing at 10340 Nina Court, New Port Richey, Florida 34654. 3. On or about April 20, 1988, the parties, while being represented by competent counsel, executed a property settlement agreement, which effectively dissolved the marriage, divided the property, and established an agreed upon amount of alimony to be paid by the Defendant to the Plaintiff See Exhibit A to Defendant's Petition to Open Judgment. 4. During the course of negotiations, there was a meeting of the minds wherein Defendant agreed to pay to Plaintiff permanent, non -modifiable alimony for the duration of Plaintiff life or her remarriage or for 5 years following the Defendant's death. 5. Under the terms of the Property Settlement Agreement, Defendant did and continues to maintain an alimony obligation to Plaintiff in the amount of $25,000 per year, which is to be paid in equal payments two times per month. See ¶ 13 of Exhibit A to Defendant's Petition to Open Judgment. 6. As this Honorable Court is well aware, the Defendant has a long history of ignoring his ongoing alimony obligation to Plaintiff. In fact, since 1992 various motions, petitions, and orders have either been filed against Defendant or have been entered against Defendant to enforce the alimony obligation. See docket attached as Exhibit B to Notice of Appeal filed by Defendant. 7. These attempts have had mixed success in collecting arrearages since, from approximately 1999 until recently, Defendant did not have an attachable wage to enforce his obligation. 8. The instant matter arises out of Defendant's Petition to Open Judgment that was filed in response to this Honorable Court's Order dated September 16, 2014, which granted Plaintiffs Petition to Enforce the Terms of the 1988 Property Settlement Agreement, and awarded to Plaintiff $770.00 per month as a partial payment of Defendant's alimony obligation. 9. Plaintiff believes and therefore avers that Defendant's current counsel has made a number of procedural errors in his recent filings to this Court. 2 10. Plaintiff believes that this Court unfortunately lacks jurisdiction over this matter. On or about October 7, 2014, Defendant filed with this Court his Notice of Appeal. Under Pa.R.A.P. 1701(a), "after an appeal is taken ..., the trial court ... may no longer proceed further in the matter." Defendant's Notice of Appeal effectively removes jurisdiction to the Pennsylvania Superior Court, rendering his instant Motion moot. 11. An exception to Pa.R.A.P. 1701(a) permits this Court to "take such action as may be necessary to preserve the status quo." Pa.R.A.P. 1701(b)(1). Although Plaintiff believes that Defendant's appeal removes jurisdiction to the Superior Court, Plaintiff believes that a ruling on this matter is necessary to maintain the status quo of the September 16, 2014 Order; thus, falling within this exception. 12. Moreover, Defendant's instant Petition is improper. While Plaintiff acknowledges that an order entered attaching a party's income for the satisfaction of the arrearages due and owing is a "judgment an order attaching a party's income for his/her current obligation is not a "judgment" and could be subject to future modification. See 23 Pa.C.S.A. § 3703, see also PaR.C.P. 1910.24. 13. As this matter pertains to Defendant's current and future alimony obligation under the terms to the Property Settlement Agreement, there is no "judgment" for this Court to open. 14. As this matter pertains to the arrearages owed by the Defendant to Plaintiff in connection with the September 16, 2014, Defendant's Motion to Open Judgment is also improper. The Pennsylvania Rules of Civil Procedure addresses the petition practice which must be engaged in by the obligor for past due alimony obligations. 3 15. Pursuant to Pa.R.C.P. 1910.24, the proper petition to be filed is a Petition to Correct the Judgment. In fact, the "Official Note" to Rule 1910.24 instructs that lilt is important to note that the petition to strike or open a judgment used in civil practice is not adopted here." 16. Even had Defendant's counsel properly filed the correct petition, a Petition to Correct the Judgment may be filed in only limited circumstances. Specifically, the rule states that such a petition is "limited to the following grounds: (1) no overdue support exists under the support order or (2) there is a mistake in the amount of overdue support... ." Pa.R.C.P. 1910.24. 17. In Defendant's Motion to Open Judgment, he has not alleged that no overdue support exists. Furthermore, Defendant has not alleged that there is a mistake in the amount of overdue support. Defendant's contention is the amount which is to be garnished from his Social Security benefits for his previously agreed upon obligation. 18. In Defendant's Petition to Open Judgment, Defendant acknowledges that his "attorney received proper notice of the July 16, 2014 Order directing that argument on the Petition occur on September 15, 2014. However, Defendant was informed by his attorney that the attorney would make appearances and Defendant did not have to do anything." Defendant's Petition at ¶11(a) (emphasis added). 19. As this Court is aware, neither Defendant nor his counsel, appeared at the September 15, 2014, argument. In fact, this Honorable Court provided the Defendant and/or his counsel an additional thirty (30) minutes prior to beginning the proceedings in absentia. 20. Pa.R.C.P. Rule 218 clearly indicates that "Where a case is called for trial ... if without satisfactory excuse a defendant is not ready, the plaintiff may proceed to trial." To these ends, 4 "[a] party who fails to appear for trial shall be deemed to be not ready without satisfactory excuse." Pa.R.C.P. Rule 218(b)(1) and (c). 21. In the case at hand, Defendant admits that he and his counsel had received proper notice of the Argument date. At any point prior to the commencement of argument, Defendant and/or his counsel could have provided a "satisfactory excuse" but failed to do so.' 22. Consistent with the Pennsylvania Rules of Civil Procedure, following the 30 minute professional courtesy given to the Defendant, Plaintiff presented her case in chief in absentia of the Defendant. A default judgment was not entered. This Court entered its Order following hearing testimony and argument presented at trial. In fact, this Court entered an Order granting what the Plaintiff believes is the bare minimum award for alimony given the current state of Pennsylvania law. See Pa.R.C.P. Rule 218. 23. Due to Defendant's failure to present himself at the time of argument, Plaintiff was permitted to present her case ex parte, which under Pa.R.C.P. 218, is a right to the plaintiff which is recognized as reasonable and proper practice. See Dublin Sportswear v. Charlett, 485 Pa. 633, 403 A.2d 568 (1979); see also Associated Sprinkler Co., Inc. of PA v. Giansante, 286 Pa. Super. 8, 428 A.2d 211 (1981); Lee v. Cel-Pek Industries, Inc., 251 Pa. Super. 568, 380 A.2d 1243(1977). 24. Now, Defendant argues that his "attorney failed or refused to assist Defendant, or appear on Defendant's behalf ... ." Defendant's Petition at ¶ 8. This is not a sufficient excuse under ' In July 2014, Plaintiff's counsel contacted Defendant directly (prior to retaining counsel) to request his concurrence on a continuance request. Defendant emphatically denied the request and abruptly informed Plaintiff s counsel that he desired to move the case to trial as quickly as possible. This suggests that Defendant was or nearly ready to try the case in July, 2014. 5 Pennsylvania law. Defendant's argument clearly indicates that his issue is one of malpractice between the Defendant and the Defendant's attorney. Plaintiff is mystified as to how the dereliction of Defendant's counsel has become her problem such that she must now defend multiple petitions and an appeal, which may effectively provide the Defendant a second or even third bite at the proverbial apple. "This court has held that 'Fr a defendant fails to respond to the notice of a trial he forecloses himself from complaining later that he did not have a [j trial." Stock v. Arnott, 415 Pa.Super. 113, 122, 608 A.2d 552, 556 (Pa.Super.,1992) McFarlane v. Hickman, 342 Pa.Super. 240, 246, 492 A.2d 740, 743 (1985), citing Lovering v. Erie Indemnity Co., 412 Pa. 551, 195 A.2d 365 (1963) (emphasis added). Consequently, Defendant's failure to appear or provide adequate excuse for his absence has forestalled any argument raising issue with having not had a trail. Id. 25. Defendant presents his arguments regarding his continuing alimony obligation as if this obligation was one imposed by the Court. 26. Defendant's alimony obligation is a negotiated term of the 1988 Property Settlement Agreement. It is noteworthy that both parties were represented by counsel during the negotiations of the terms of the 1988 Property Settlement Agreement and that at any point since then the Defendant or his list of prior counselors could have attempted to renegotiate the alimony term of the property settlement agreement but chose not to do so. Plaintiff believes and, therefore, avers that he had not done so because the Defendant did not maintain any attachable wages from a third party (until recently). 6 27. Only now, where attachable income exists, does Defendant assert that the terms of the 1988 Property Settlement Agreement, relative to only alimony, is a term of "adhesion." See Defendant's Petition at ¶ 11(c) Yet, Defendant fails to cite any authority and specify how this term, which has existed for 26 years, is a term of adhesion. 28. Simply, an adhesion contract is "[a] standard -form contract prepared by one party, to be signed by the party in a weaker position." BLACKLAW DICTIONARY, Seventh Ed. "adhesion contract" at page 259. When the 1988 Agreement was executed, Jan (the Defendant) certainly maintained the upper hand and Sandra was in the weaker position. The scales were so imbalanced at the execution of the 1988 Property Settlement Agreement, the Defendant agreed to provide to the Plaintiff her choice of "all household furnishing," a 1987 Cadillac Eldorado, and Jan "shall purchase for Sandra her choice of a house" to ostensibly equalize the balancing of the scale. See 1988 Property Settlement Agreement 9 - 12. 29. The risks and benefits should have been reviewed with the Defendant by his prior counsel before executing the Agreement and discussions should have been held regarding the potential decline in the Defendant's financial landscape in the future. That as it is, the change in Defendant's financial status is immaterial to these proceedings and does not render ¶ 13 of the 1988 Property Settlement Agreement and ¶ 5B of the April 20, 1988 Addendum to Divorce Settlement Agreement "terms of adhesion". 30. Defendant asserts that Itlhe Award to Plaintiff of one-half (1/2) of Defendant's Social Security Retirement benefits is confiscatory — yet, Defendant fails to demonstrate how it is confiscatory or provide any authority speaking to this issue. 7 31. Defendant conveniently ignores the fact that his obligation was a bargained for term during the course of negotiations to dissolve his marriage with the Plaintiff. To this degree, Pennsylvania Court have long held that "[a]limony agreements are not governed by the statute but express the mutual agreement of the parties. Unless the parties so specify, the agreemen may not be modified, extended or terminated." Woodings v. Woodings, 411 Pa.Super. 406, 416, 601 A.2d 854, 854 (1992). No such modification language exists in the Agreement in Question. 32. Defendant asserts that this Honorable Court's September 16, 2014, Order is confiscatory in nature — again, without providing any authority or explanation as to how the Order may be confiscatory. Simply put, the Order does not confiscate anything. It provides for the minimal allowable award since this Court is constrained by 23 Pa.C.S. § 3707, which allow the Court to attach up to 50% of the Defendants wages. 33. Defendant further argues that this Court "did not consider the Plaintiff's income in arriving at its judgment granting the relief requested in the Petition." Defendant's Petition at ¶ 11(e). This issue is moot. There was no calculation as to the amount owed by the Defendant to the Plaintiff. The alimony obligation was agreed upon and it is assumed the financial position of each party was taken into consideration when the Agreement was reached. Nevertheless, had the Defendant or his counsel appeared at Argument, they would have learned through argument that the Plaintiff's sole source of income is her social security benefits in the amount of $569.00 per month. 34. The plain language of the 1988 Property Settlement Agreement clearly indicates that Defendant owes $25,000 per year. The purpose of the Petition for Enforcement was to 8 accomplish exactly what the title suggests — enforce the terms of the property settlement agreement. 35. Because this is a contracted for term (e.g., alimony obligation), the Plaintiffs income is immaterial. These proceedings are not for modification of the existing obligation. "It is to be noted that the treatment of Orders approving agreements is treated separately from Orders directly entered by the court and the jurisdiction of the court is limited to enforcement only unless the agreement provides otherwise." In the instant matter, this Court had entered an Order approving an agreement: specifically, the 1988 Property Settlement Agreement. Nowhere does the Property Settlement Agreement permit this Court to modify the terms. Accordingly, "[m]odification and termination, does not apply to such Orders or agreement as this is a permissible exercise of jurisdiction only when an award is made directly by the court as a result of an alimony action or the agreement so provides." Woodings at 415. 36. Current Defense Counsel knows or should know that the defenses raised in this matter are meritless, especially in light of the fact that his client (and former counsel), had adequate and proper notice of the September 15, 2014, trial date. In light of these wanting efforts and in the face of two additional Petitions and an appeal, Plaintiffs counsel believes that these efforts are an abuse of process and meant only to drain the financial resources of the Plaintiff until she can no longer prosecute her case. For these reasons, Plaintiff requests this Honorable Court to award counsel fees in the amount of $7,000.00 in counsel fees 37. Defendant now attempts to pluck at the heartstrings of this Court. His arguments boil down to fairness. Defendant ignores the fact that he has never come to this court with clean 9 hands. Only when the Plaintiff is able to garnish attachable income does the Defendant seek sympathy. For over twenty years, Defendant has ignored his financial obligations to the Plaintiff. One cannot merely discount Defendant's previous and numerous exhibitions of contempt for the obligation to the Plaintiff, this Court and the laws of the Commonwealth of Pennsylvania and now feel sympathetic for the Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to Deny Defendant's Motion to Open Judgment and to award Plaintiff counsel fees in the amount of $7,000.00. Respectfully Submitted, STOCK AND LEADER, LLP BY: 10 Greg / . B : ir, Esquire Atto ey I.D. #208156 221 W. Philadelphia Street, Ste. E600 York, Pennsylvania 17401-2994 (717) 846-9800 Attorney for Respondent/Plaintiff ATTORNEY VERIFICATION Pursuant to Rule 1024 (c) of the Pennsylvania Rules of Civil Procedure, I, on behalf of Respondent/Plaintiff, Sandra H. Osterlund, verify that the statements made in the foregoing PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE are true and correct. I have sufficient knowledge or information and belief concerning the matters alleged, because I have served as counsel for the Defendant during all times relevant thereto. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904, relating to unsworn falsifications to authorities. Date:%A /// STOCK AND LEADER By: Gregory' .i I, Esquire Supreme Ct. ID # 208156 STOCK AND LEADER Susquehanna Commerce Center East 221 West Philadelphia St., Ste. E600 York, PA 17401-2994 Attorney for Respondent/Plaintiff 0 15- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND, Defendant CERTIFICATE OF SERVICE AND NOW, this /6 day of OCTOBER, 2014, I, Gregory W. Bair, Esquire of the law firm of Stock and Leader, attorney for Respondent/Plaintiff, hereby certify that I served the within ANSWER TO RULE TO SHOW CAUSE this day by depositing the same in the United States mail, postage prepaid, in York, Pennsylvania, addressed to: Keith E. Kendall, Esquire SCARINGI & SCARINGI, P.C. 20 North Hanover Street, Suite 201 Carlisle, -PA 17013 Counsel for Petitioner/Defendant By: Greg. ' . B ir, II, Esquire Supreme Ct. D # 208156 STOCK AND LEADER Susquehanna Commerce Center East 221 West Philadelphia St., Ste. E600 York, PA 17401-2994 Attorney for Respondent/Plaintiff r i . WO .1 I 2-01fi OCT 21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND v. • Petitioner/Plaintiff No.: 48 EQ 92 In Equity JAN A. OSTERLUND Respondent/Defendant la: 20 PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO SET ASIDE/STAY ORDER OF GARNISHMENT PURSUANT TO PA.R.A.P. 1732 AND NOW, this 0 day of October, 2014, comes the Plaintiff, Sandra H. Osterlund, by and through her attorneys, Gregory W. Bair, II, Esquire, and Stock and Leader, LLP, and files her Answer to Defendant's Motion to Set Aside/Stay Order of Garnishment Pursuant to Pa.R.A.P. 1732, a statement of which follows: 1. Admitted in part and denied in part. It is admitted the Defendant was a party to a divorce action. It is specifically denied that a divorce action was initiated in the Cumberland County Court of Common Pleas under Docket No. 48 EQ 92. The divorce action was initiated in the Court of Common Pleas of the 59th Judicial District of Pennsylvania, Cameron County Branch under docket number 88-721. The Cumberland County Court Common Pleas Docket Number 48 EQ 92 was initiated in 1992 to enforce the terms of the 1988 Property Settlement Agreement, which Defendant had failed to adhere to. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to whether Defendant currently resides in Florida, and the same is denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that on September 19, 2014, 0192768- the Domestic Relations Section of Cumberland County issued an Income Withholding Support Order. It is specifically denied that the Income Withholding Support Order mandates a withholding of $2,291.33 per month. To the contrary, the Order instructs that 50% of the monthly benefit is to be withheld, which at the present time equates to $2,291.33 4. Admitted in part and denied in part. Plaintiff admits that Defendant receives $1,554.00 in Social Security benefits per month. It is specifically denied that the Defendant is retired, that his Social Security benefits are his sole source of income and that his total annual income is $18,648.00. As was introduced into evidence during the September 15, 2014, trial, Defendant produced documents in response to Plaintiff's discovery requests which demonstrate he receives other supplemental income in addition to Social Security. It was also shown that the Defendant remains active with an online auction business and is believed to have surreptitiously transferred all assets and much of his otherwise reportable income into the names of 3`d parties who are not parties to this action. 5. Denied. It would appear that the Defendant received notification from the Social Security Administration. Nevertheless, after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of Defendant's Motion, and the same are denied and strict proof thereof demanded. 6. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 6 of Defendant's Motion, and the same are denied and strict proof thereof demanded. Furthermore, Defendant misleads this Court by failing to acknowledge that he resides with his wife/paramour, 0192768- 2 who provides additional income to the family, as was previously acknowledged in Defendant's discovery responses. 7. Denied. It is specifically denied that Defendant was not properly represented. The quality of his prior counselor's abilities and his effectiveness are not at issue in this matter. Defendant's argument clearly indicates that his issue is one of malpractice between the Defendant and Defendant's attorney. Plaintiff is puzzled as to how the disregard and neglect of Defendant's counsel has become her problem such that she must now defend multiple petitions and an appeal, which may effectively provide the Defendant with a second, or even third opportunity to present a defense, despite Defendant's failure to defend previously. As this Court is aware, neither Defendant nor his counsel, appeared at the September 15, 2014, Argument. In fact, this Honorable Court provided the Defendant and/or his counsel with an additional thirty (30) minutes prior to beginning the proceedings in absentia. Pa.R.C.P. Rule 218 clearly indicates that "[w]here a case is called for trial ... if without satisfactory excuse a defendant is not ready, the plaintiff may proceed to trial." To these ends, "[a] party who fails to appear for trial shall be deemed to be not ready without satisfactory excuse." Pa.R.C.P. Rule 218(b)(1) and (c). In the case at hand, Defendant admits that he and his counsel had received proper notice of the Argument date. At any point prior to the commencement of argument, Defendant and/or his counsel could have provided a "satisfactory excuse" but failed to do so.1 "This court has held that `[i]f a defendant fails to respond to the notice of a trial he forecloses ' In July 2014, Plaintiff's counsel contacted Defendant directly (prior to retaining counsel) to request his concurrence on a continuance request. Defendant emphatically denied the request and abruptly informed Plaintiff's counsel that he desired to move the case to trial as quickly as possible. This suggests that Defendant was or nearly ready to try the case in July, 2014. 0192768- 3 himself from complaining later that he did not have a [ ] trial.' Stock v. Arnott, 415 Pa.Super. 113, 122, 608 A.2d 552,556 (Pa.Super.,1992) McFarlane v. Hickman, 342 Pa.Super. 240, 246, 492 A.2d 740, 743 (1985), citing Lovering v. Erie Indemnity Co., 412 Pa. 551, 195 A.2d 365 (1963) (emphasis added). Consequently, Defendant's failure to appear or provide adequate excuse for his absence has forestalled any argument raising issue with having not had a trial. Id. 8. Denied. The Defendant admits that he and his counsel were properly notified of the September 15, 2014, trial date. However, neither the Defendant nor his counsel appeared. Pa.R.C.P. Rule 218 clearly indicates that "Where a case is called for trial ... if without satisfactory excuse a defendant is not ready, the plaintiff may proceed to trial." To these ends, "[a] party who fails to appear for trial shall be deemed to be not ready without satisfactory excuse." Pa.R.C.P. Rule 218(b)(1) and (c). "This court has held that `[i]f a defendant fails to respond.to the notice of a trial he forecloses himself from complaining later that he did not have a [ ] trial.' Stock v. Arnott, 415 Pa.Super. 113, 122, 608 A.2d 552, 556 (Pa.Super.,1992) McFarlane v. Hickman, 342 Pa.Super. 240, 246, 492 A.2d 740, 743 (1985), citing Lovering v. Erie Indemnity Co., 412 Pa. 551, 195 A.2d 365 (1963) (emphasis added). Consequently, Defendant's failure to appear or provide an adequate excuse for his absence has forestalled any argument raising issue with having not had a trial and affording him the opportunity to be heard on the issues raised in Paragraph 8 of his Motion. Id. The time to raise these issues and defenses was at trial on September 15, 2014. It is not the Plaintiff's fault that Defendant and/or his counsel failed to appear or provide adequate excuses as to their collective absences. Yet, Plaintiff is now being punished by Defendant's failure to appear by 0192768- 4 having to defend multiple motions, petitions, and appeals. 9. Admitted. 10. Denied. It is specifically denied that Pa.R.A.P. 1731(a) is applicable to the instant matter. This matter involves the collection of alimony, which is a domestic relations matter. Therefore, an appeal does not operate as an automatic supersedeas even upon the filing of security, as the Defendant suggests. There are procedural requirements to obtain a supersedeas in domestic relations matters, which have not been met by the Defendant. Pursuant to Pa.R.A.P. 1731(b), "[a]n appeal from an order of ....alimony ....shall operate as a supersedeas only upon application to and order of the trial court... ." Once the "Application" has been made to the trial court, then the rule requires the filing of security as required in 1731(a). Defendant has not made an "Application" to the trial court. Instead, Defendant has filed a Motion to Set Aside/Stay Order of Garnishment and has further requested a hearing on the matter. This is not contemplated by these Rules. See, specifically, Pa.R.A.P. 123 (pertaining to "Application for Relief'). Additionally, the courts of this Commonwealth disfavor supersedeases pending an appeal in domestic relations matters. The courts have remarked that "it shocks the conscience to contemplate the injustice worked upon the erstwhile recipients of the superseded support order. Is it to be seriously advanced that they can be made whole through the eventual lump sum payment should appellant not prevail on appeal? ... The law in its ultimate vitality- its desire to do the right thing — must recognize the crucial distinction to be made between a civil judgment in a tort or contract case and a family support order." Madden v. Madden, 354 Pa. Super. 300, 301, 0192768- 5 511 A.2d 882, 883, quoting, Groner v. Groner, 328 Pa. Super. 191, 199 476 A.2d 957, 960-961 (1984). 11. Admitted in part and denied in part. It is admitted, assuming, in arguendo, that the proper "Application" has been made to the trial court, Defendant could be required to post $95,901.20. It is specifically denied that that this amount is "confiscatory.2" At no time in any of Defendant's recent filings (pertaining to the September 16, 2014, Order) has the Defendant disputed the alimony obligation due to the Plaintiff. Defendant has only disputed the amount which is to be garnished from his Social Security benefits. The fact remains that Defendant owes $25,000 per year by virtue of the Property Settlement Agreement that he voluntarily executed in 1988. Defendant has failed to make any payment since April 30, 2011 (which payment only came by way of a Settlement Agreement relating to arrearages but not discharging the alimony obligation into the future). As of September 30, 2014, Defendant's failure to make payments has resulted in arrears owed to the Plaintiff of approximately $85,416.61. While Defendant states that $95,901.20 could be required as security, the correct amount under Pa.R.A.P. 1731(a) should be $102,499.93 (120% of $85,416.61). Any amount this Court requires the Defendant to post as security is owed to the Plaintiff. It defies logic that amounts previously agreed upon and never disputed by the Defendant can also be "confiscatory." If the Defendant believes that his alimony obligation is confiscatory, the time to raise an argument regarding the confiscatory nature should have been raised at the outset of negotiations in 1988. What is more, Defendant had other opportunities over the past 26 years 2 Defendant neither provides any explanation or argument as to how the required security under Pa.R.A.P. 1731 is confiscatory nor does he provide any authority which suggests that security under Pa.R.A.P. 1731 can be deemed confiscatory. 0192768- 6 during various enforcement proceedings and settle e t negotiations to renegotiate the term of his alimony obligation. This was not done. Due to Defendant's argument that such security is "confiscatory," Defendant further requests that the matter proceed without posting security or posting security that the Defendant can afford. This alternative request, when examined in juxtaposition with Paragraph 6 (where he asserts that he cannot provide for his basic necessities), is tantamount to a renewal for a demand to proceed without posting security. These requests are not consistent with Pennsylvania law. Defendant fails to adhere to the procedural requirements of Pa.R.A.P. 1737 in that no application has been made to this Court under the applicable rules. Moreover, Pennsylvania Courts have held that the filing of security is mandatory, not discretionary, and that the trial court has discretion to set the amount and terms of security but not the authority to eliminate it entirely. Cruse v. Cruse, 737 A.2d 771 (Pa. Super. 1999), appeal denied 562 Pa. 670, 753 A.2d 818 (2000). Moreover, even if Defendant is able to provide security to proceed with the appeal, the posting of appropriate security incident to appeal from an order awarding alimony does not constitute an automatic supersedeas. See Madden v. Madden, 354 Pa.Super. 300, 511 A.2d 882 (1986). To this degree, Pennsylvania's legislature has codified this concept in 23 Pa.C.S.§ 4350 in that lain appeal from an order of support entered pursuant to this chapter does not operate as a supersedeas unless so ordered by the court." 23 Pa.C.S.§ 4350. Accordingly, Pa.R.C.P. Rule 1910.24 mandates that "[a]n action for support or a support order may be stayed only by a special order of court upon a showing of compelling circumstances following notice and hearing or upon agreement of the parties in writing." 0192768- 7 Pa.R.C.P. Rule 1910.24 (emphasis added). In the instant matter, Plaintiff will not agree to such a stay. In addition, the argument that while proper notice was received and the Defendant failed to appear for trial does not constitute a compelling circumstance to have the matter now stayed. 12. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of Defendant's Motion, and the same are denied and strict proof thereof demanded. 13. Admitted. WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Defendant's Motion to Set Aside/Stay Order of Garnishment Pursuant to Pa.R.A.P. 1732. ro%0l /f Date By: Respectfully Submitted, STOCK AND LEADER, LLP cLD Gregory W%. C a II squire PA# 20815t. STOCK AND LEADER, LLP Susquehanna Commerce Center East 221 W. Philadelphia Street, Suite E600 York, Pennsylvania 17401-2994 Tele: (717) 846-9800 Fax: (717) 843-6134 gbairnstockandleader. corn Attorney for Plaintiff 0192768- 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND Petitioner/Plaintiff No.: 48 EQ 92 v. . In Equity JAN A. OSTERLUND .• Respondent/Defendant CERTIFICATE OF SERVICE AND NOW, this ZC) day of October, 2014, I, Gregory W. Bair, II, Esquire, of the law firm of Stock and Leader, LLP, attorneys for Petitioner/Plaintiff, hereby certify I served the within Brief in Support of Plaintiff's Petition for Enforcement, this day by depositing the same in the United States mail, first-class mail, postage prepaid, in York, Pennsylvania, addressed to: (o / o (/4 Date 0192768 - Keith E. Kendall, Esq. Scaringi & Scaringi, P.C., 20 North Hanover Street, Suite 201, Carlisle, PA 17013 STOCK AND LEADER, LLP By:- - Gregory ,(Bai4, II, Esquire PA# 20815 221 W. Philadelphia Street, Suite E600 York, Pennsylvania 17401-2994 Tele: (717) 846-9800 Fax: (717) 843-6134 gbair@stockandleader.com Attorney for Plaintiff I IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff v. NO.48 EQ 92 C) r u, r -<7 JAN A. OSTERLUND, CIVIL ACTION - LAW r� Defendant IN DIVORCE ORDER FOR TRANSCRIPT AND NOW, this day of October, 2014, upon Defendant's appeal of the garnishment Order in the above matter, the Official Court Reporter is directed to prepare the transcript from the hearing held September 15, 2014 in this matter, before the Hon. Albert H. Masland, S.J., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania at the above docket number. BY THE COURT: Albert H. Masland„.J. Distribution List: Keith E. Kendall, Esq., Scaringi & Scaringi, P.C., 20 North Hanover Street, Suite 201, Carlisle, PA 17013 ✓ Gregory W. Bair, II, Esq:, Susquehanna Commerce Center, East Building, 6th Floor, 221 West Philadelphia Street, York, PA 17404 1 SANDRA H. OSTERLUND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JAN A. OSTERLUND, DEFENDANT : 48 EQ 92 ORDER OF COURT AND NOW, this 74day of October, 2014, the Defendant shall file and serve a copy in the chambers of this judge a concise statement of errors complained of on appeal within twenty-one (21) days of this date. By the Court, Albert H. Masland, J. Keith E. Kendall, Esquire 20 North Hanover Street, Suite 201 Carlisle, PA 17013 . Gregory W. Bair, II, Esquire Susquehanna Commerce Center East Building, 6th Floor 21 West Philadelphia Street York, PA 17404 sal /0 avily T� IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff V. JAN A. OSTERLUND, Defendant C-1 4-) NO. 48 EQ 92 rn . --4 W — C) we CIVIL ACTION - LAV N3 v' IN DIVORCE ORDER AND NOW, this 7�pday of "-Ge , 2014, upon Defendant's Motion to Set Aside/Stay Order of Garnishment, a hearing on the motion will take place ono"n 7.itV , 2014, at F:30 o'clock ft' .M., in Courtroom No. I Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the parties are directed to appear and be heard. Distribution List: BY THE COURT: -n cri :) 3 C) CD Keith E. Kendall, Esq., Scaringi & Scaringi, P.C., 20 North Hanover Street, Suite 201, Carlisle, PA 17013 egory W. Bair, II, Esq., Susquehanna Commerce Center, East Building, 6th Floor, 221 West Philadelphia Street, York, PA 17404 /l�cki Shadday, Domestic Relations Section, 13 N. Hanover St., PO Box 320, Carlisle, PA 17013 �cial Security, 8661 Citizens Drive, New Port Richey, FL 34654 �.&ocial Security Administration, Mid -Atlantic Program Service Center, 300 Spring Garden Street, Philadelphia, PA 19123-2992 Court Administration r r L��� �� �� lc_ Cd ce.c i 2..1'CL �� �.7 ty 'LED-O FFICr THE PROTHONO T 2014 OCT 31 Phi 2: 00 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND Plaintiff No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND Defendant APPLICATION TO INCREASE AMOUNT OF SECURITY AND NOW, this 30th day of October, 2014, comes the Plaintiff, Sandra H. Osterlund, by and through her counsel, Gregory W. Bair, II, Esquire and the law offices of Stock and Leader, LLP and files this Application to Increase Amount of Security pursuant Pa. R.A.P. 1737, a statement of which follows: 1. This .Court has authority to entertain this application to increase the amount of security pursuant to Pa.R.A.P. 1737(1). 2. On May 12, 2014. Plaintiff filed in the Court a petition to enforce the terms of a 1988 Property Settlement Agreement. 3. After proper notice was given to both parties, a Hearing was held on September 15, 2014 before the Honorable Judge Albert H. Masland. 4. After the Hearing, this Court entered an Order dated September 16, 2014 granting Plaintiff's request and ordering that the Domestic Relations Office to issue a wage attachment order to the Social Security Administration in the amount of $777.00 per month. 0195400- 5. On October 7, 2014, Defendant filed a Motion to Set Aside/Stay Order of Garnishment Pursuant to Pa.R.A.P. 1732 along with a Notice of Appeal to the Commonwealth Court. 6. Under Pa.R.A.P. 1731(b), "[a]n appeal from an order of ...alimony...shall operate as a supersedeas only upon application to and order of the trial court and the filing of security as required by subdivision (a)." Subdivision (a) directs that the security be posted in the amount of 120% of the amount found due and remaining unpaid by the lower court. However, Pa.R.A.P. 1731(b) instructs that "[t]he amount and terms of security shall be within the discretion of the trial court." 7. Defendant has a long history of non-payment as evidenced by the docket in this case, attached as Exhibit "A" hereto and incorporated by reference herein. 8. Plaintiff believes and therefore avers that given the Defendant's past behavior, neglect of his obligation to Plaintiff, and contempt for the rules and regulations of this Commonwealth, Plaintiff is not going to get paid (or is not going to be paid what is due to her) if this Honorable Court reduces the security to less than 120% of the amount found due by the this Court as is requested by the Defendant. 9. As noted above, Pa.R.A.P. 1731(b) provides this Court with the discretion in its ability to set the amount and terms of security. To this end, Pa.R.A.P. 1737(1) states that "[t]he lower court ... may at any time upon application of any party and after notice and opportunity for hearing, upon cause shown require... [an] increase ... [of] the amount of any security which has been or is to be filed. " Therefore, given the history of the Defendant and the fears of the 0195400- 2 Plaintiff, Plaintiff requests that this Honorable Court, in its discretion granted to the Court by virtue of Pa.R.A.P. 1731(b), increase the amount of under the authority of Pa.R.A.P. 1731(1) to 150% of the amount of arrears currently owed by Defendant. 10. As of September 30, 2014, Defendant's failure to make payments has resulted in arrears owed to the Plaintiff of approximately $85,416.61. 11. Plaintiff has calculated that 150% of the arrears would be $128,124.92. 12. Plaintiff requests that the Court consider and rule on this Application contemporaneously with Defendant's Motion to Set Aside/Stay Order of Garnishment which is scheduled for a hearing on November 24, 2014 at 8:30 a.m. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order 1) Directing Defendant to file appropriate security in the amount of $128,124.92 within thirty (30) days of said order; 2) Authorizing the Commonwealth to file a lien against Defendant in the amount of $128,124.92 in the event Defendant fails to file the security; and 0195400- 3 3) Granting such other relief as may be just under the circumstances. Respectfully Submitted, STOCK AND LEADER, LLP Date: October 30, 2014 By: Gregory : ai II, Esquire PA# 208/ STOCK AND LEADER, LLP Susquehanna Commerce Center East 221 W. Philadelphia Street, Suite E600 York, Pennsylvania 17401-2994 Tele: (717) 846-9800 Fax: (717) 843-6134 gbairc stockandleader.com Attorney for Plaintiff 0195400- 4 ATTORNEY VERIFICATION Pursuant to Rulel 024 (c) of the Pennsylvania Rules of Civil Procedure, I, on behalf of Plaintiff, Sandra H. Osterlund, verify that the statements made in the foregoing PLAINTIFF'S APPLICATION FOR INCREASE IN SECURITY are true and correct. I have sufficient knowledge or information and belief concerning the matters alleged, because I have served as counsel for the Defendant during all times relevant thereto. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904, relating to unsworn falsifications to authorities. STOCK AND LEADER Bv: Date: October 30, 2014 0195400 - f Gregor' B. r, II, Esquire Supre • . 11 # 208156 STOCK AND LEADER Susquehanna Commerce Center East 221 West Philadelphia St., Ste. E600 York, PA 17401-2994 Attorney for Plaintiff Exhibit OSTERLUND v. OSTERLUND DATE ORDER 5/12 & 24/1993 Entry of Verdict and order requiring Defendant to maintain medical coverage Counsel Fees 6/4/1993 Judgment Volume 0, page 17 9/28/1993 Defendant found in Contempt of Court and given until 100 days to purge 3/1/1994 Time Period to purge Contempt is extended until 6/1/1994 5/26/1994 Judgement in the amount of $16,041.50 through 5/1994 less $1,200 AMOUNT 8058.74 3547.5 16041.5 2/10/1995 Jan Osterlund to pay $1,427.76 -1427.76 Turn over $11,606.24 held by Jack Hurley, Esq -11606.24 Jan Osterlund to receive credit of $13,034 against unpaid alimony -13034 Satisfy Judgment @ Volume 0, page 17 1/17/1996 Satisfy Judgment for $16,041.50 4/11/1996 Counsel fees and expenses are awarded Sandra H. Osterlund 7500 Judgment Volume 0, page 17 2/5/1997 Defendant, Jan Osterlund, ordered to enroll Plaintiff Sandra Osterlund in Individual Plan for Blue Cross/Blue Shield and Major Medical, including vision, and dental plans, effective immediately. Beginning 3/1/1997, DRO shall attach Defendant's income in an amount equal to the monthly premium due Blue Cross/Blue Shield in addition to the current attachment of $400 every two weeks. 4/14/1997 Judgment entered for time period 11/1/1995 - 1/31/1997 16508.6 12/15/1997 Ordered that a wage attachment in the amount of $1,156 per month ($866 for partial alimony and $290 for medical expenses) First payment due 12/30/1997. Wage attachment dated 5/24/1994 is vacated. 12/18/1997 Jan Osterlund held in contempt for failure to make payments as required. Purge: payment to Plaintiff, Sandra Osterlund, in the amount of $1,753 no later than 1/15/1998. 12/18/1997 Judgment in favor of Sandra Osterlund 11263 5/1/1998 Citation of Contempt is issued against Jane A. Osterlund for failure to comply with 12/15/1997 Order of Court. 9/1/1998 Judgment in favor of Sandra Osterlund 14137.52 3/5/1999 Wage attachment amended to: $1,217 per month ($866 for partial alimony and $351 for medical insurance) 12/29/2000 Release of Lien of Judgments, filed - ?? 3/28/2002 Judgment in favor of Sandra Osterlund for time period 9/1/1998 - 2/28/2002 71406.14 8/28/2002 Adjudication againtJan Osterlund Defendant is committed to Cumberland County Prison Purge: Placing Sandra Osterlund on health insurance plan of Loian Associates Written plan to purge of contempt of order of 3/4/1999 Provide full financial records of LoJan Associates for the last two years Provide full financial records of any change of address with one day of such change 10/16/2002 Defendant has complied with four conditions to purge himself and the provision committing him to prison is vacated. 10/13/2006 Order that Cumberland County DRO dismiss their interest as the arrears are unenforceable through DRO - Arrears balance = $79,917.97 as of this date 79917.97 5/13/2011 Plaintiff, Sandra Osterlund releases and discharges Defendant for all amounts due her under the MSA and addendum through 4/30/2011 Matters raised from 5/1/2011 are not discharged. 1579.74 Amount owed from 11/1/2006 through 4/30/2011 10/13/2006 - 10/31/2006 = 11/1/2006 - 12/31/2006 = 2007 - 2010 = 3 years at $25,000 per year 1/1/2011- 4/30/2011 $0 Released per 2011 Agreement 48 ity 1992 if $40.50 Pd. Atty. Snelbaker & Brenneman. P.C. Dy: Minh:r d Snelbaker. Eng. Sandra H. Osterlitud 48 v Jan A. C terluml Entd. Fbvetber 6, 1992 $40.50 $ 9.00 $15.00 $ 2.50 $ 1.00 $ 0.50 -,,,. vs' $ 5.00 November 6, 1992, Complaint, filed. November 13, 1992, Praecipe To Enter Appearance And Accept Service, filed. We hereby appear as attorneys for Jan A. Osterlund, the kDefendant herein, and hereby accept service of the Complaint and acknowledge receipt of a duly certified copy thereof. T. & E. Atty. Stone & Stene Pd Atty 6/4/93 By: Charles H. Stone, Atts. for Deft. Pd Atty 6/22/93 Pd Atty 6/22/93 December 11, 1992, Preliminary Objections To Complaint, filed. County > / r1/ s Decanter 14; 1992, Praecipe for Listing Case For Argunent,file LL Philip H. Spare, Atty for Plff Pd Atty 2/10/95 February 18, 1993, Order, filed. IN RE: Defendant's Prelimina9pe C.aoL ;0-3/4y Objections Before Hoffer, J., Hess, J., and Oler, J. raj/1,�� 3 AND NOW, this 18th day of February, 1993, after argument d�a�., held thereon and careful consideration thereof, the court being 0.2444 41-'4/ satisfied that the plaintiff, does not have an adequate remedy at le r d /L•4s' 41#14/8.1partrculerly with respect to the issue.of, plaintiff's health insurance coverage, the preliminary objections of the defendant /-/2• v[.. ` 3:9njed-'1 are DISMISSED. Vgr 9• w s', �> _e . BY THE COURT, Kevin A. Hess, J. Mardh March 12, 1993; Answer To Complaint And New Matter, filed. s' /1 q- 23, 1993, Plaintiff's Reply To New Matter, filed. 3, Praecipe For.. Listing Case For Trial, filed. Richard C. Snelbaker,Atty For P Order of Cart, filed. AND NOW, this 13th day afApril, 1993, non -jury trial on the within matter is scheduled to be heard in Courtroom No. 2, -timberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, May 12, 1993, at 1:30 o'clock, p.m. By the Court, Edgar B. Bayley, J. May 12, 1993, Verdict, filed. The case having been called for a trial, and the parties agreeing that plaintiff is entitled to the entry of a verdict in the amount of $8,058.74, and that she is entitled to an order requiring defendant to maintainmedical insurance coverage as per the parties divorce settlement agreement dated April 20,; 1988, as supplemented by an addendum of the same date, and upon our finding as a matter of law that plaintiff is also entitled to an.eward of reason- able counsel fees pursuant td paragraph 33 of that agreement, which defendant opposes as to the award but not as to the reasonableness of the fees submitted, it is ordered that: 1. A verdict is entered in favor of plaintiff, Sandra H. Osterlund against defendant, Jan A. Osterlund in the amount of $8,058:74. 2. Defendant Jan A. Osterlund is ordered to maintain Blue Cross/Blue Shield, major medical or its equivalent as required by paragraph15 of the divorcesettlement agreement, and further ordered to provide plaintiff notice within one (1) day of either non-payment of any premium due or cancellation of such medical coverage. 3. Counsel fees are awarded to plaintiff in the amount of $3,547.50. By the Court, Edgar B. Bayley, J. Judgment: Volume O Page 17 Volume 0 Page 17 Volume 0 Page 17 . Volune., 0 Page 17 May 24, 1993, Decree, filed. 1. The verdict previously entered in this case dated May 12, 1993, IS VACATED, and replaced with this decree. 2, This case having been railed for trial, and the parties agreeing that plaintiff is entitled to the entry of a decree in the anwnt of $8,058.74; and that she is entitled to a. decree requiring defendant to maintain medical insurance coverage as per the parties divorce settlement agreement dated April 20, 1988, as supplemented by an addendum of the sane date, and that she is entitled to a decree directing defendant to make all payment@ when due under the terns of those documents, and upon our finding as a matter of law that plaintiff is entitled to an award of reasonable counsel fees pursuant to paragraph 33 ofthat agreement, which defendant opposes as to, the award but not as. to the reasonableness of the fees, it is ordered that:. 1. A decree is entered in favor of plaintiff, Sandra H. Osterlund against defendant, Jan A. Osterlund in the amount of 58,058.74. 2. Defendant, Jan A..Ceterlund, is ordered to maintain Blue Cross/Blue Shield, major medical or its equivalent as required by paragraph 15 of the divorce settlement agreement, and further ordered to provide plaintiff notice within one (1) day of either non-payment of any premium due or cancellation of such medical coverage. 3. Defendant, Jan A. Osterlund, is ordered tanake all payments when due to plaintiff as re- quired under the terns of the divorce settlement documents. 4. Counsel fees are awarded to plaintiff in .the amount of $3,547.50. Edgar B. Bayley, J. • Judgment: Volume 0 Page 17 Volume 0 Page 17 June 4, 1993, Praecipe Par Entry Of Judgment, filed. Please enter judgment it favor of the Plaintiff and against the Defendant on the attached Decree of the Court dated Mal 24, 1993, no timely post -trial motions having been filed. Snelbaker & Brenneman, P.C. By: Richard C. Snelbaker, Esq.,Atty for Plff Judgment: Volume 0 Page 17 Volume 0 Page 17. Tune,'ad 1493 Iniri-E 04= EXeeu-ii0i, fs3!l06. Sheriff R. Thomas Kline, has determined that the claimant Lisa M. Fiarri in the above mentioned property claims is prima facia the owner of the property set forth therein. So Answers: R.•Thomas Kline, Sheriff (PPuvecty Claim Determination) 7/21/93 Patricia Sh-tto, Dpty Shff ff. NO. 48 EQUITY 1992 (B.F. From Page 96) ter.' vs Osterlu d July 23, 1993, Objection Kindly enterobjection t to in the Property Claim dat matter. July 26, 1993, Petition AND NOW, this 26th day o cation of Civil Contempt, a R why Plaintiff's Petition s by Plaintiff. Rule returnable at a P.M.,in Courtroom No. II,. Sheriff R. Thomas Kline, mentioned property claim is So Answers: R. 7'hornas 8/11/93. Patricia S Sheriff R. Thomas Kline above mentioned property c So Answers: R. Thomas 8/11/93 Patricia S August 12, 1993, Cbjec Kindly enter objection t to in the Property Claim.dat matter. To Sheriff's Determination, filed. the Sheriff's determination of ownership of the property referred July 8, 1993, entered by Lisa M. Fiarri in the above -captioned SNELBAKER 6 BRENNEM1N, P.C. By: Philip'H. Spare, Esq. Adjudication Of Civil Contempt, and Rule, filed. July, 1993, upon consideration of Plaintiff's Petition for Adjudi- is hereby entered upon Defendant Jan A. Osterlund, to show cause not be granted, and a citation in contempt issued as requested g scheduled for the 17th day of August, 1993 at 3:00 o'clock land County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley, J. has determined that the claimant Jason Osterlund, in the above ima-facia the owner of the property set forth therein. Sheriff (Property Claim Determination) o, Dpty Shff has determined that the claimant Patricia S. Osterlund, in the is prima -facia the owner of the property set forth therein. e,'Sheriff (Property Claim Determination) Dpty Shff To Sheriff's Determination, filed. the Sheriff's determination of ownership of the property referred July 28,-1993, entered, by Jason Osterlund in the above -captioned Snelbaker & Brenneman, P.C. Byr Philip H. Spare, Esq. Attys for Plff To Sheriff's Determination, filed. the Sheriff's determination of ownership of the property referred my 28, 1993 entered by Patricia S. Osterlund in the above- Snelbaker 6 Brenneman, P.C. By: Philip H. Spare, Esq., Atty for Plff Service, filed. Court, filed. August, 1993, following a hearing on.a Rule to Show Cause against not be adjudicated in civil content, the Rule IS MADE ABSOLUTE. fendant to hold him in contempt for failure to make required parties Divorce Settlement Agreement. A hearing on the No. 2.on Monday, September 27, 1993, at 1:30 p.m., at direct to appear. By the Court, Edgar B. Bayley, J. 's Interpleader, and Order of Court, filed. September, 1993, upon consideration of Plaintiff Sandra H. ruination of Property Claim, a hearing is schedinled for the 27th 45 o'clock P.M. in Courtroan No. II, Cumberland County Courthouse, IRECIED TD SERVE A TRUE AND CORRECT COPY OF THIS Order and the Osterlund.by first class mail. Plaintiff's counsel is further correct copy of this Order and the Petition upon each of the hove by first-class mail. BY THE COURT: Edgar B. Bayley, J. 's Interpleader, and Order of Court, filed. September, 1993, upon consideratioin of Movant Sandra H. ted Discovery Response Pursuant to Pa. R.C.P. No. 4009 (b)(2), ered and directed to respond in writing Within 24 hours of 's discovery request for entry upon the premises known an , Cumberland County, Pennsylvania. copy of said written response upon Havant's counsel within er. Respondent shall provide a copy of said written response ervice of this Order. to serve a true and correct copy ofthis Order and the under - an A. Osterlund. BY THE COURT: Edgar B. Bayley, J. 's Interpleader, and Order of Court, filed.(Req. For S -ay of Pro September, 1993 upon consideration of Sandra H. Osterlund's Cont) and Continuance it is hereby ordered and directed that: ender: Proceedings are "stayed for a period of 90 days from this August 17, 1993, Affidav August 23, 1993, Order AND NOW, this 23rd day defendant as to why he ehoul A'citation is issued against payments under the terms of citation shall be held in C which time defendant is September 16, 1993, S AND'NOW, this 16th day Osterlund's Petition for Det day of September, 1993, at 1 Carlisle, Pennsylvania. PLAINTIFF"S COUNSEL IS Petition upon Defendant, Jan directed to serve a true and property claimants captioned September 23; 1993, S AND NOW, this 22nd day Osterlund's Motion for Exped Jan A. Osterlund is hereby service of this Order to 1515 Slate Hill Road, Camp Respondent shall serve 24 hours of service of this to this Court with 24 hours Havant's Counsel is lying Motion, upon counsel Stet •.tom r 27, 1993, AND NOW, this 27th day Request for Stay of Proc 1. these Sheriff's In Order; 2. the Hearing on the September, 1993 at 1:45 o'cl Carlisle, Pennsylvania is P.M. in Courtroan NO. IL, 3. the Sheriff's levy's in Pa.R:C.P. No. 3120 (2); 4. the proceedings in as a result of this Order. Sepbeaber 28, 1993, AND NOW, this 27th day A. Osterlurd, in civil con settlement agreement with p • by paying all moneys due and together with accrued attorn The time frame for defendant $4000 payment, and (2) in order to raise the money and to then maintain By the Court: Edgar termination of Property Claim scheduled for the 27th day of P.M. in Courtroan No. 2, Cunberland County Courthouse, tinned until the 27th day of December, 1993, at 1:30 o'clock berland County Courthouse, Carlisle; Pennsylania; 11 not be abandoned during this Stay of Proceedings as provided underlying Equity action shall not be stayed or continued BY THE_C URT: Edgar B. Bayley, J. filed. September, 1993, following a hearing, I adjudicate defendant, Jan for failing to hake required payments -under the lramv of a divorce iff, Sandra H. Osterlund. Defendant may purge himself of con e; owing plaintiff under the terns of the divorce settlement agreement, y's fees and costs, within One hundred (100) days of this date. ;mulling himself of contempt has been set based upon (1) his recent entation that he is actively seeking to refinance his properties essary to bring his past -due obligations to plaintiff current, yments under the divorce settlenent agreement. Bayley, J. Na. 48 Equity 1992 (B.F from page 96-A) Decerrber 22, 1993, Sher AND. NOW, this 22 day of Motion for Entry Upon the Movant and her counsel entry land County, PA, at 10:00 A. indentifying, photographing at issue at the Hearing on 1993 at 1:30 P.M. in her counsel shall be per mitt accomplished. Deoerrber 22, 1993, Sher AND NOW, this 22nd day lund's Motion to Request Sh to acoarpany Movant and her Road, Camp Hill, Ctanberland purpose of inspecting, ident property which will be at is for December 27, 1993, at 1: PA. Said Sheriff's Deputy time as their purpose is ac Movant, shall be respons purpose.' Deoerber 27, 1993, S December 27, 1993, Sher December 27, 1993, Sher December 27, 1993, Sher December 27, 1993, Sher December 27, 1993, Sher' Decerber 29, 1993, AND NOW, this 27th day hearing involving three the last of Patricia S. Cat 6 -inch joiner and a sala,and claim.' Since Lisa Osterlund Patricia Osterlund, a hearin January 6, 1994. f's Interpleader and Order of Court, filed. ember, 1993, upon consideration of Movant Sandra H. Osterlund's es, Jan A. Osterlund is hereby ordered and directed to allow the premises knownn as 1515 Slate Hill Road, CanpA0111,:Gl.er- . on Thursday, Decerber 23, 1993 for the purpose of inspencting, /or video taping the numerous items of property which will be Determination of Property Claims scheduled for December 27, No. II, Cmamberland County Courthouse, Carlisle PA. Movant and to remain onthe premises until such, time as their purpose is By the Court, Edgar B. Bayley, J. f's Interpleader and Order of Court, filed. Decerber, 1993, upon consideration of the Movant Sandra H. Oster- ff's Escort, a Sheriff's Deputy is hereby ordered and directed el as they enter upon the premises known as 1515 Slate Hill ty PA, at 10:00A.M. on Thursday, December 23, 1993, for the i.ng, photographing and/or video taping the nurberous items of e at the Hearing on the Determination of Property Claims scheduled Y.M. in Courtroom No. II, Cumberland County Courthouse, Carlisle remain on the premises with Movant and her counsel until such liihed. le_ for the expense of utilizing the Sheriff's Deputy for this By the Court, J. Wesley, Jr., na, filed. Wilma Osterlund served. f's Interpleader, filed. f's Interpleader, filed. f's Interpleader, filed. f's Interpleader, filed. f's Interpleader, filed. J. Lisa M. Fiarri, served. Jan A. Osterlund, served. Patricia S. Osterlund, served. Jason Osterlund Served. Affidavit of Service. of Court, Filed. IN RE: Sheriff's Interpleader December, 1993, this matter having been called.to date on a claims, one of Jan Osterlund, another of Lisa Osterlund, and und. As to the claim of Jason Osterlund, it is upheld as to a heater. It is dismissed as to all otherproperty listed on that ill, and since there may be a problem regarding service as to on their property claims is reset for 1:30 p.m., Thursday, By the Court, Edgar B. Bayley, J. January 6, 1994, Subpoe a served to: Wilma Osterlund, filed. In Re: Sheriff's Interpleader. January 7, 1994, Order .f Court, filed. IN RE: Sheriff's Interpleader AND NOW, this 6th day o January, 1994, a hearing having been scheduled on the property claim filed. by Patricia S. Oslund on the within case, and the claimant having failed to appear to prosecute the claim the claim IS DISMISSED. By the Court, Edgar B. Bayley, J. January 7', 1994; Order . Court, filed. In Re: Sheriff's Interpleader. AND NOW, this 6th day o January, 1994, a hearing having been held on the property claim filed by Lisa Ficarri Osterl . on the within case, the transcript shall be filed. Fifteen days after the transcript is filed, counsel should file as succinct a statement as possible outlining what is agreed to and what is of agreed to with regard to all of this property. By the Court, Edgar B. Bayley, J. January 10, 1994, Sher f's Interpleader - Affidavit of Service, filed: Philip Spare, Atty. January 11, 1994, Plaint f's Petition For A Rule To Show Cause Why Sections Should Not Be Issued, and Rule To Show Caus , filed. AND NOW, this llth day o January, 1994, upon consideration of Plaintiff's Petition for a Rule to Show Cause, a Rule - issued upon Defendant to appear and show cause why this Court should not enter Orders and/o sanctions against Defendant in order to end Defendant's contemp- tuous actions and to. coerce fendant to comply with various Orders of this Court. The Rule is returnable on or before _ day of , 1994. A hearing will thereafter be held on the 28th day of Fe -ry, 1994. at 1:30 o'clock P.M., in Courtmgn NO. 2. BY. THE COURT: Edgar B. Bayley, J. January 19, 1994, IN RE: Sheriff's Interpleader - Honorable. Edgar B. Bayley, J., Lodged. January 26, 1994,'IN RE: Sheriff's Interpleader, filed. The foregoing record of. .- proceedings on the hearing of the within matter is hereby • approved and directed to be January 24, 1994 Edgar B. Bayley, J. February 28, 1994, Def- pt's Answers To Interrogatories, filed. March 1, 1994, Order 0 Court, filed. AND NOW, this 1st day o March, 1994, following a hearing, the time period for defendant purging himself of contempt . uant to this Court's order of September 27, 1993, is extended until June 1, 1994. May 2, 1994, AND NOW, Osterlund is upheld for all for which the claim IS D 2 rugs, one yellow with flowers in the living roan (s 2 large hold Gilden Y of record page 11); 1 table found in the din 1 painting identified in Pictures behind the bar 19); 1 desk identified in Sa 1 bedroom lamp (see tra 1 dresser identified in Pictures painted by the 1 television set identif By the Court, Edgar B. Bayley, J. 2nd day of May, 1994, the property claim of Lisa Ficarri levied upon by the sheriff except for the following items pattern around it in the library and one large green with transcript of record page 10); , one in the dining roan and one in the living roam(see transcript g room (see transcript of record page 12); Sandra Exhibit 28 (see transcript of record page 18); entified in Sandra Exhibits 29 (see transcript of record page a Exhibit 30 (see transcript of record page 19); cript of record page 23); andra Exhibit 38 (see transcript of record page 24); efendant, Jan A. Osterlund, (see transcript of record page 24); ed in Sandra Exhibit 40 (see transcript of record owe 25): 7, 48 BallTk 1992 (B.F. from page 96-8) .CS lu nd vs Ostsrland v Patio furniture identified in Furniture located in dining record page 28); The item of furniture located transcript of record page 28) 1 Mirror found on the left s' May 13, 1994, Petition F AND NOW, this 13th day o meet of Wages and Other Relie this Court should not: (1) order that Defendan. monthly to Plaintiff plus a (2) enter other Orders contemptuous actions and. to (3) order other relief The Rule is returnable a o'clock A.M. in Courtroom No. Sandra Exhibit 42 (see transcript of record page 27); identified in Sandra Exhibit 47 (see transcript of in the hallway and identified' on Sandra Exhibit 48 (see and e of the photograph marked as Sandra Exhibit 50. By the Court, Edgar B. Bayley, J. . Attachment of Wages And Other Relief, and Rule, filed. May, 1994, upon consideration of Plaintiff's Petition for Attach-, a Rule is issued upon Defendant to appear and show cause why 's wages be attached in order to ensure :payment of $1,041.66 semi- thly payment towards the substantial arrearage in this matter; /or sanctions against Defendant in order to end Defendant's Defendant to comply with various orders of this Court; and h this Court deems equitable. a hearing to be held on the 24th day of May, 1994 at 11:15 Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley. J. , filed. 1994, it is ordered that: e today, defendant shall turn over to plaintiff three $400.00 in his possession, made out to her, for which there are g account. to clear. favor of plaintiff, Sandra H. Osterlund, and against defendant, of $16,041,50 representing the principal amount owed for the end of May 1994, less the $1,200:00 represented in the. to turn over to plaintiff this date. payment of alimony is entered through the Domestic Relations in the amount. of $400.00 every two weeks. Defendant shall make that amount until the wage attachment is executed. plaintiff this date, including counsel fees andcosts, are By the Court. Edgar B. Bayley, J. May 26, 1994, Order of AND NOW; this 24th 1. Upon leaving checks he has represented he sufficient funds in the 2. Judgment is entered Jan A. Osterlund, in the alimony as of this date checks defendant has been 3.T A wage attac6„ent Office against Osterlund, Inc payment directly to plaintiff 4. No otherclaims waived. J, :q nrar: Yolr w� O. Agc,7 r, I.."- 0 Par ' /7 July 6, 1994, Petition and AND NOW, this 6th day orders as follows: (1) A Rule is issued proper accounting in the mat Value of the personal.prope The Rule is returnable A.M., prevailing'time, in Both parties shall provide July 8, 1994, Answer To July 8, 1994. Order of AND NOW, this 8th day o far Monday, July 11, 1994, under advisement the issues July 25, 1994, Order, filed. AND NOW, this 25th day o IS CANPINUED pending a hearin be held on Monday, August .8; By the Court: July 29, 1994, Order Of Attac August 8. 1994, Order o AND NOW, this 8'day'of by. counsel for plaintiff,. matter may be relisted at C1:.LuL,er. 4, 1994, Notice Request For Production Of AAAAAlp January 17, 1995, R AND NOW, this 17 Plaintiff -Respondent, a P.M. in Courtroom No. II, is being held pursuant to dated July 25, 1994. 995, Motion , filed. uly, 1994, consideration of Defendant's Petition, the Court Plaintiff to show cause why the Plaintiff should not make a and why she should not give proper credit for the fair market removed by her after the first sheriff's sale. hearing to be held an the 8th day of July, 1994 at 9:30 o'clock No. II, Cumberland County Courthbuse,.Carlisle, Pennsylvania. court with legal authority for their positions. BY THE COURT; Edgar B. Bayley, J. Petition With New Matter, -filed t, filed. uly, 1994, the sheriff's sale scheduled in the within case for AYED, pending further order of this Court. The Court will take ed in these proceedings and file a memrandun opinion forthwith. By the Court, Edgar B. Bayley, J . Notion to Stay -Sheriff Sale. y, 1994, the stay of the sheriff sale entered on July 11, 1994, and further order consistent with this opinion. The hearing shall 994, at 3:00 p. m. in Courtroom Number 2: gar'B. Bayley, J. t Of Income, filed. Court, filed. ugust, 1994, upon request of counsel for defendant and unopposed hearing scheduled for Monday, August 8; 1994, IS C7 P S UED. The request of either counsel. By the Court, Edgar B Bayley, J. Of Deposition Upon Oral Examination Under Pa. R.C.P. 3117 And is Under PA R.D.P. 4009, filed. For Hearing and Order of Court, filed. January, 1995, upon request of counsel for Sandra H. Osterlund, shall be held on 9th day of February, 1995 at 3:00 o'clock land County Courthouse, Carlisle, Pennsylvania. The hearing inion and Order of Court in re: Motion to Stay Sheriff Sale BY THE COURT: Edgar B. Bayley, J. .2/7/41 (Plff) ND. 48 EQUITY (B.F. Fran Page 96-C) Osterlund vs Osterlund February 9, 1995, Aff February 9, 1995, Aff February 10, 1995, Ord AND NOW, this 9th day o was continued from August 8; by a written opinion, and arose solely as a result of. 1. 1. Petitioner, Jan date, by means of a cashier; 2. The sum of $11,606. shall be forthwith transf forthwith satisfy the $8,058 $3,547.50 judgment for couns 3. Respondent shall pick up at her house on Se shall be and remain the sole Victorian walnut dresser, an gold gilded mirror with lounge (blue with pleated s number two duck decoy canvas .antique Victorian loveseat machine.and table (without 4. All remaining items April 27, 1994,shall be and Sheriff Return: R. Thanes writ is returned STAYED. t Of Service, filed. (Certified Mail Jason Oterlund) t of Service, filed. (Cert. mail Clayton Latsha) of Court, filed. February, 1995, this matter having been called for a hearing .that 1994, pursuant to this Court's order of July 25, 1994, supported parties having reached an agreenent to resolve the dispute that issues as set forth in that opinion, IT IS ORDERED:. A. Osterlund, shall pay to respondent Sandra H. Osterlund, this check, the sum of $1,427.76. 4 of petitioner's funds currently held by Jack Hurley. Esquire, to respondent through her attorney: Respopdent.shall then 74 judgment for unpaid alimony at this term and number and the fees also entered at this term and number. e petitioner the following personal property which he shall , February 11, 1995, between 9:00 a.m. and noon. This property and separate property of petitioner. Large copper bucket, antique ique Victorian gold gilded mirror 81 inches by 36 inches, antique ian head, antique leather bound National Geographics, Victorian ), number one duck decoy canvas back male (Carver -Cunningham), ck female (Carver -Cunningham), antique Victorian fireplace fan, ), leather wing chair and ottoman, one. phantom spiral router ter), and copper wash boiler. personal property purchased by respondent at a sheriff sale on in respondent's separate property. By the Court, Edgar B. Bayley, Judge ine, Sheriff, who being duly sworn according to law, says this 2/16/95 February 10, 1995, Prae Please cause the jud upon your docket and indices Please also cause the j above referenced matter. • F€bruary 24, 1995, AND NOW, this 23rd day that was continued from Au supported by a written op dispute that arose solely as ORDERED: 1. Petitioner, Jan A. Os by means of a cashier's 2. The sum of $11,606.24 shall be forthwith transf 3. By virtue of the credit for $13,034.00 agains 4. Respondent shall prey up at her house on Saturday, shall be and remain the sole antique Victorian walnut antique gold gilded mirror Victorian Lounge (blue with Cunningham), number two duck fireplace fan, antique Vict spiral router machine and to 5. All remaining iters o April 27, 1994, shall be re accepted herein in satisfact number and the $3,547.50 jud Respondent shall then forthw So Answers: R. Thanes Kline, Sheriff Patricia Shatto, Dpty Skiff ipe, filed. t or judgments in the amount of• $8,058.74 to be duly satisfied in the above referenced matter. gnent in the amount of $3,547.50 to be duly satisfied in the SNELBAKER & BRENNE AN, P. C. By Philip H. Spare, Esq., Atty for Plff Order of Court, filed. February, 1995', this matter having been called for a hearing 8, 1995, pursuant to this Court's order of July 25, 1994, , and the parties having reached an agreement to resolve the result of the issues as setforth in that opinion, IT IS lund, shall pay to respondent, Sandra H. Osterlund, this date, the sum of $1,427.76. f petitioner's funds currently held by Jack Hurley, Esquire, to respondent through her attorney. ts set forth in Paragraphs 1 and 2, petitioner shall be given unpaid alimony obligations. • e petitioner the following personal property which he shall pick bruary 11,'1995; between 9:00 a.m. and noon. This property separate property of petitioner. Large copper bucket,. . er, antique Victorian gold gilded mirror 81/2 inches by 36 inches, Egyptian head, antique leather bound National Georgraphics,. eated.skirt),.number one duck decoy canvas back male (Carver - canvas back female (Carver-Clnningham), antique Victorian J.oveseat (red), leather wing chair and ottoman, one phantom e (without router) and copper wash boiler. personal property purchased by respondent at a sheriff sale on ed by'the respondent and remain her separate property and are of the $8,058.74 judgment for unpaid alimony at this term and t for counsel fees also entered at this term and nlfnber. satisfy these judgments. • By The Court: Edgar B. Bayley, J. May 23, 1995, Motion Fo AND NOW; this 30th day for Transcript, it is ORDE matter be transcribed at the of Plaintiff to seek re' Transcript, and Order, filed. May, 1995, based upon consideration of the Plaintiff's Motion that the record of the May 24, 1994 hearing in the above -captioned pense of Plaintiff, Sandra H. Osterlund, reserving the right t from Defendant of said cost at a later time. BY THE CURT: Edgar B. Bayley, J. January 17, 1996, Praec Please cause the judgm 1994 to be duly satisfied January 19, 1996, Plain January 24, 1996, Order AND NOW, this 24th day o Award of Attorney's Fees, cause, if any he has, why Said Rule to be returnab o'clock P.M. in Court Roan A certified copy of this the underlying Petition she mail, return receipt request filed. in the amount of $16,041.50 which was entered on or about May 24, your docket and indices in the above captioned matter. Snelbaker & Brenneman, P.C. By: Philip H. Spare, Esq. f's Petition For Award Of Attorney's Fees, Costs and Expenses,fil Philip H. Spare, Esq. filed. :January, 1996, upon consideration of Plaintiff's Petition For ts and Expenses, a Rule is hereby issued upon Defendant to show relief sought in said Petition should not be granted. e at a hearing to be held on the 2nd day of April, 1996 at 3:45 . 2 of the Cumberland County Court House at Carlisle, Pennsylvania. er shall serve as the Rule herein. Service of such Order and be made upon the Attorney for the Defendant forthwith by certified Notices mailed 1/24/96 BY THE COURT, Edgar B. Bayley, Judge 1992 (B. F. Fran Page 96-E) Osberlimd vs Osterlund April 14, 1997, Order o AND NOW, this 11th day to the entry on March 12, 199 ment is entered in favor of the time period between N copies mailed 4/14/97 Judgement: Volume 0 Page 17 Volume 0 Page 17 Agri]. 21, 1997, Order, AND NOW this 21st day o for the parties, it is here 25, 1997, and that parties s 2, 1997 and the brief for R hearing set for the 23rd day coounty courthouse is hereby Y -a/,47 0ea'"` Arku.d.4 . April 25, 1997, Stipula June 6, 1997, Affidavit June 17, 1997, Order of AND NOW, this 17th day stipulation of facts and the ORDERED that the petition of DENIED. copies mailed 6/17/97 July 18, 1997, Plaintif July 23,. 097, Rule, f' AND NOW, this 23rd day Adjudication of Civil Cont show cause why he should not Plaintiff should not be aff Rule returnable at a he 'P.M. in Courtroom No. 2, Cum Notices mailed 7/22/97 Septa -bar 2, 1997, Certi filed. (Plff -Philip H. Spare October 14, 1997, Order AND NOW, this 14th day parties, the hearing previous Plaintiff's. Petition for Adj July 23, 1997, upon Defendant 9th day of December, 1997 at Courthouse, Carlisle, Pennsy Notices mailed 10/14/97 December 1, 1997, Order AND NOW, this 1st day of parties, the hearing previou Plaintiff's Petition for Adj 23, 1997, upon Defendant Jan day of Decenber 1997 at 10:3 Carlisle, Pennsylvania. Notice mailed 12/4/97 December 12, 1997, Ad Demob= 17, 1997, Order AND NOW, this 15th day o amount of $1,156.00 a month payable to plaintiff, Sandra (PACSES231000038) shall be en due under this wage attachmen effect dated May 24, 1994, ag Copies mailed 12/18/97 December 18, 1997, Order AND NOW, this 15th day o hold defendant, Jan A. Osterl defendant admitting he is in purge himself of this cantemp January 15, 1998. If this pa for disposition in Courtroom 9:00 a.m., Tuesday, January 2 copies mailed 12/18/97 December 18, 1997, Order AND NOW, This 15th day o Osterlund against Jan A. Ost for alimony through November copies mailed Judgment entered in acco Court, filed. April, 1997, following consideration of the briefs filed pursuant , of a Rule against defendant, the Rule IS MADE AB.90LU1E. Judge- aintiff and against defendant for the amount of $16,508.60 for ✓ 1, 1995 and January 31, 1997. By the Court,_ Edgar B. Bayley, Judge iled. April, 1997, upon consideration of the request made by counsel directed that a Stipulation of Facts be filed on or before April tmit briefs with Petitioner's brief due on or before Friday, May pondent due on or before Monday, May. 12, 1997. Accordingly the of April, 1997, at 1:30 p.m. in Courtroom No. 2 of the Cumberland continued pending further Order of Court. BY THE Court, Edgar B. Bayley, Judge ion of Facts, filed. f Service, filed. (Copy of Order to deft) Court, filed. June, 1997, following a comprehensive review of the briefs filed in support of the positions of each party, IT IS defendant to modify this court's order of February 4, 1997,IS By the Court, Edgar B. Bayley, Judge 's Petition For Adjudication Of Civil Contempt, filed. f July, 1997 upon consideration of Plaintiff's Petition for , a Rule is hereby entered upon Defendant Jan.,P.. Osterlund, to held in contempt as requested in Plaintiff's Petition and why relief in order to bring Defendant into compliance. ing scheduled for the 6th day. of Octotober, 1997. at 1:30 o'clock land County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley, Judge, icate PrerequisiteTo Service Of A Subpoena Pursuant To Rule 4009.22, Esq.) f Court, filed. October, 1997, upon agreement of counsel for the respective y scheduled for the 6th day of October, 1997, regarding ication of Civil Contempt is continued and the Rule entered Jan A. Osterlund is returnable at a hearing scheduled for the :30 o'clock P.M. in Courtroan No. 2, Cumberland'County nia. BY THE COURT: Edgar B. Bayley, J. of Court, filed. camber, 1997, upon agreement of counsel for the respective ly scheduled for the 9th day of December, 1997, regarding ication of Civil Contempt is continued and the Rule entered July . Osterlund is returnable at a hearing scheduled for the 15th o'clock a.m. in Courtroan No. 2, Cumberland County Courthouse, BY THE COURT, Edgar B. Bayley, J. To Plaintiff's Petition For Adjudication Of Civil Contempt of Court, filed. December, 1997, it is ordered that a wage attachment in the 866.00 for partial alimony and $290.00 for medical expenses) . Osterlund, .through the Domestic Relations Office at DJt 22,866 ered against LoJan Associates, a partnership. The first payment shall be as of December 30, 1997. The wage attachment now in inst Osterlund Incorporated, IS VACATED. By the Court, Edgar B. Bayley, Judge of Court, filed. December, 1997, this matter having. been called on a petition to , in contempt for failure to make payments as required, tempt, I adjudicate defendant in contempt. Defendant may by making a $1,753.00. payment to plaintiff not later than ent is not made by that date, defendant is ordered to appear o. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at , 1998. By the Court, Edgar B. Bayley, J. of Court, filed. December, 1997, judgment is entered in favor of Sandra H. lund in the amount of $11,263.00 for amounts mored to plaintiff 0, 1997. By the Court, Edgar B. Bayley, J. ance with above Order of Court. Lawrence E. Welker, Prothonotary • 1992 . 48 HQ[IITY (B. F. Fran Page 96-D) Osterlund vs Oster: • April 2, 1996, Affidavi. of Service, filed. April 11, 1996, Order•o; Court, filed. AND NOW, this 9th day o April, 1996, following a hearing, counsel fees and expenses are awarded to Sandra H. Osterl from Jan A. Osterlund in the amount of $7,500.00. By the Court, Edgar B. Bayley, Judge May 22, 1996,Praecipe, Please enter judgment in uant to the attached gnent: Volume 0 Page 17 Volume Page 17 July 30, 1996, Petition To Withdraw As Legal Counsel, filed. iled.. favor of Plaintiffand,against Defendant in the amount of $7,500.00 of Court dated April 9, 1996. SNELBAKER & Brenneman, P. C. Philip H. Spare, Esq., for Plff July 30, 1996, Order, AND NOW, this 31 day of hereby ORDERED that Diane G. for. the Defendant, Jan A. Os January 28, 1997, Petit January 29, 1997, Order AND NOW, this 28th day show cause why the relief hearing to be held in Tuesday, February 4, 1 Copies mailed 1/29/97 February 5, 1997, Order AND NOW, this 4th day o but did not appear, upon con Plaintiff's Petition For DIRECTED as follows: Def the. Individual Plan for Blue plans, effective immediately In the event Defendant hereinabove by February 15, with payment to be rein Beginning on or before Defendant's income from his Blue Cross/Blue Shield .for the Domestic Relations. Off is directed to inform the The amount to be attached is currently being attached by Plaintiff has not wai which may have been incurred Copy mailed to atty - Osterl Copies personally give to A March 10, 1997, Petiti AND NOW, this 12th day Entry of Judgment, a Rule is if any he has, why judgment Defendant, in the amount of Said Rule is returnab Service of this Order requested. Any answers fil Chambers.. Notices mailed 3/12/97 Hardie 24, 1997, Answer Mardh 27, 1997, Order o AND NOW, this 27th day file a memorandum in this forth any legal precedent f to plaintiff's petition for response memorandum within f argument that request should Copies mailed 3/27/96 April 3, 1997, Amended certificate of Service, filed. (Answer To Rule & New Matter) or Modification of Order. (February 4, 1997 Order) ed. July, 1996, upon consideration of the within Petition, it is Radcliff, Esquire, is granted leave to withdraw as counsel erlund. BY THE COURT: Edgar B. Bayley, Judge on For Emergency Enforcement of May 24, 1993 Decree. of Court, filed. January, 1997; a Rule is. entered against Jan A. Osterlund to steel herein should not be granted. Rule returnable at a Number 2, Cumberland County Courthouse, Carlisle, at 11:30 By the Court, Edgar B. Bayley, Judge of Court, filed. February, 1997 following a hearing of which Defendant had notice ideration of this Court's Decree dated May 24, 1993 and cy Enforcement of May 24, 1993 Decree, it is ORDERED AND Jan, A. Osterlund shall enroll Plaintiff -Sandra H. Osterlund in Cross/Blue Shield and Major Medical, including vision and dental ails to enroll Plaintiff in the health insurance plan as directed 1997, Plaintiff may take the necessary steps to enroll herself as directed hereinbelow. arch 1, 1997, the Domestic Relations Office shall attach employer at an amount equal to the monthly premium due Plaintiff's health insurance coverage as stated hereinabove and shall pay such amount over to Plaintiff. Counsel for Plaintiff is Relations Office of the ardimt of the monthly premiums. in addition to the current amount of $400.00 every two weeks Domestic Relations office. y right to seek counsel fees frau Defendant for any amounts in this enforcement proceeding. BY THE COURT: Edgar B.Bayley, Judge pare For Entry Of Judgment, filed. Plff of March, 1997, upon consideration of Plaintiff's Petition For hereby issued upon Defendant, Jan A. Osterlund, to show cause, hould not be entered in favor of Plaintiff and against 16,508.60 pursuant to the averments contained in said Petition. 10 days after service. be rade upon Defendant by certified mail, return receipt y defendant shall be forwarded by the Prothonotary to BY THE COURT: Edgar B. Bayley, Judge o Rule and New Matter, filed. Court, filed. f March, 1997, IT IS ORAD that counsel'for defendant shall bers not later than seven (7) days fcun this date setting the position taken in paragraph 11 of defendant's new matter entry of judgment. Counsel for plaintiff shall file a een (14) days ofthis date. If either party wants oral set forth in the memorandum. By the Court, Edgar B. Bayley, Judge April 7, 1997, Petition April 10, 1997, Plaintif 's Reply to New Matter. April 10, 1997, Order of AND NOW. April 10, 1997 that a hearing in the above - p.m., in Courtroom No. 2 of Pennsylvania. Notice mailed 4/10/97 April 14, 1997, Amended Order of Attachment of Incase, filed. BY THE COURT, Edgar B. Bayley, Judge Court, filed. • upon consideration of the attached Petition, it is hereby directed tioned matter be set for the 23rd day of April, 1997, at 1:30 Cumberland County Courthouse at One Courthouse Sauare, Carlisle, Edgar B. Bayley, Judge copies sent 3/24/97 by D.R. 0.40_,44a'- /21 ITY 1992 (B.F. Fran February 20, February 26, AND NOW, th' Sanctions to Enf should not enter Orders of this C The Rule is No. 2. Notice mailed 2/2 May 1, 1998, ,AND NOW, this Osterlund to show issued against J adjudication shal 1:30 p.m., Monday, Copies mailed 5/0 September 1, AND.NOW, December 15, 1997 Osterlund,.'dispos to appear at 1:30 Copiesmailed 9/2/ September 1, AND NOW, against defendant Copies mailed 9/2 Judgment: Volume Volume December 17, AND NON, Defendant to the for December 14, the lst day of. f Notice mailed 12/ Mardi 5, 1 AND NOW, thi (1) The wag ($866 for partial Domestic Relati a month ($866 for (2) Def attachment paid t Associates. (3)' The financial yituat • Osterlund. 1. There is assets in an effo Notices mailed 3/ mar. 15, 1999, P•. 96-F Oster 1998, Petition For Imposition 1998, Rule To Show Cause, fil 26th day of February, 1998, Orders of Court, a Rule is derand/or issue sanctions ag turnable at a hearing be held 98 er of Court, filed. 1st day of May, 1998, foil ause why he should. not be adj A. Osterlund for failure to be conducted in Courtroom August 31, 1998. 98 1998, Order of Court, filed. 31st day of•August, 1998, Jan Believing that defendant is tion is defereed until Monday, .m., in Courtor m Number 2, 8 1998, Judgment, filed. 31st day of August, 1998, Jan A. Osterlund, inthe 96 O Page 17 0 Page 17 1998, Order of Court, filed. 17th day of December, 1998, stic Relations Office on 998 is hereby granted and the h, 1999 at 11:30 o'clock A.M. 3 March 3,2000, P March 3, 2000, AND NOW, th Adjudication of C he should not be relief in order t Rule returna CumberlandCounty 8/98 • , Order of Court, filed. 5thday of March, 1999, foll attachment set by this court' alimony and $290 for medical Office, against LoJan Associa partial alimony and $351 for t, Jan A. Osterlund, shall, as the Domestic Relations Office f Sanctions To Enforce Orders of Court, Plff. n consideration of Plaintff's Petition for Imposition of sued upon Defendant to appear and show cause why this Court inst Defendant to bring Defendant into compliance with the various on the 30th day of April, 1998 at 8:45 o'clock A.M., in Courtroom BY THE COURT: Edgar B. Bayley, Judge g a hearing, the Rule issued on February 26, 1998, against Jan A. icated in contempt, MS MADE ABSCRUTE. A Citation of Contempt is ly with this court's order of December 15, 1997. Final r 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at st by plaintiff for further and our believing that he is o-credibie'evidence that'def to avoid paying his contrac /99 of Attachment of Income, tition For Emercency Relief . filed. 3rd day of March, 2000, upon vil Contempt, a'Rule is here ld in contempt as requested bring Defendant into canpl• le at a hearing scheduled for Courthouse, Carlisle, Pennsyl B Copies to Atty S Mailed to Defts A ty• December 29, 2000,ielease of Lien of Judgments, (See paper f' .) January 24, 2001, Order/Notice To Withhold In October 25, 2001, swer to the October 3, 2001, November 6, 2001, AND NOW,. To wit, A rule is issued dismissing the int Matter due to no e 1999. The Plaintif If an answer is no Cumberland county er, filed. this October 3, 2001 it is the Plaintiff, Sandra H. Ost rest of the Cuanberland county forcemen action by plaitnif s is to file an answer within 2 timely filed with the Domesti tic Relations Section's in By the Court, Edgar B. Bayley, J. A. Osterlund is adjudicated in contempt of this court's order of g good faith efforts to pay the anounts due Sandra H. December 14, 1998, at which time defendant is ordered and directed land County Courthouse, Carlisle, Pennsylvania. By the Court, Edgar B. Bayley, Judge glint is entered in favor of plaintiff, Sandra H. Osterlund, t.of $14,137.52. By the Court, Edgar B. Bayley, Judge November 27, 2001, Affidavit of Service, filed. sed upon an agreement of the parties and payment of $3;400.00 by ember 14, 1998, a sixty-day continuance of the hearing scheduled ies are directed to appear for hearing in Courtroom No. 2 on BY THE COURT, Edgar B. Bayley, Judge ing a hearing, IT IS ORDERED: order of December 15, 1997, in the amount of $1,156 a Month nses) payable to plaintiff Sandra H. Osterlund, through the es, a partnership, is amended effective March 1, 1999, to $1,217 ical insurance). a partner. of LoJan Associates have the $1,217 a month wage before he draws his first dollar a month out of LoJan lief is denied at this time based on defendant's current making good faith efforts to pay the amounts due Sandra H. dant has-.i:ntentionally reduibedhis incane.or dissipated his 1 obligations to Sandra H. Csterlund. By the Cant, Edgerl& Bayley Judge Adjudication. Of Civil' Contempt; filed. Plff consideration of Plaintiff's Petition for Emergency Relief and entered upon Defendant Jan A. Osterlund, to show cause why Plaintiff's Petition and why plaintiff should not be afforded e. the 6th day of March, 2000 at 8:45 A.M. in Courtroom No. 2, ia. THE COURT: Edgar B. Bayley Judge Dad. For Support, Filed Rule to show Cause, Philip H. Spare, ESq. for plff by ordered that: lund to show cause why an order should not be entered tic Relations section in the above captioned Alimony e March 1999.and no yments being made since October days after service of -the rule upon her. Relations section an order shall be entered dismissing erest in the matter. the court Edgar B. Bayley J No. 48 Equity 1992 Osterlund vs Osterland Deca[ber 14, 2001, Order, filed. AND NOW, to wit this December 7, 2001 it is hereby Ordered that: That the order of Naber 20 2001 is vacated as plaintiff did filed a timely answer to the rule to show cause, however the Domestic Relations Section was indavertently not copied. Therfore, it is further ordered and directed that said arrears in the November 20, 2001 order be reinstatl and the alimony is to resume at $866.00 Per Month Effective November 19, 2001. I By the court Edgar B. Bayley J 'f Copies mailed by dro MARCH 6, 2002. Plaintiff's Petition for Entry of Judgment and Adjudication of ivil Contempt, filed. 7, 2002, Rule. AND NOW, this 7th day of March, 2002, upon consideration of Plaintiff's Petition for entry of Judgment and adjudication of Civil Contempt, a Rule is hereby entered upon defendant Jan A. Osterlund, to shouw caus he should not be held in contempt as requested in. Plaintiff's Petition and why Plaintiff shuld not be afforded relief in order to bring Defendant into Compliance. Rule returnable at a hearing scheduled for 3/28/02 at 9:45 A.M. in Courtroom 2 Cumberland county Courthouse Carlisle, Pennsylvaiia. Copies Mailed 3/7/02 By the court Edgar B. BAyley J 13, 2002, Order, In re Petition of Deft's counsel for leave to withdraw, Filed. AND NOW, this 13 day of march 2002,. upon consideration of the verified Petition fo Defendant's Counsel for leave to withdraw, it is hereby Ordered adn decreed that said Petition is granted and that Petitioner, illiam C. Koalas ESq be permi:ted to withdraw his appearance of record for the deft in the above Natter. Copies Mailed 3/14/02 By the court Edgar B. BAyley J ''. Marrh 28, 2002, Order of court, Filed. AND NOW, This 28th day of March 2002, following a hearing the rule issued on. March 7, 2002, against Jane A. Osterlund to show cause why she shuld not be adjudicated in contempt, IS MAD ABSOLUTE. A c_tation of contempt is issued against. Jan A. Osterlaund for failure to comply with this court's numerous order. Final adjudication shall be adducted in courtroom Number.2 Cumberland county courthouse Carlisle PA at 8:45 am on Wednesday July 3, 2702. Copies Mailed. By the court Edgar B. Bayley J Mardi 28, 2002, Order of Court.Filed. .AND NOW, THIS 28th day of Misch, 2002, judgment is entered in. favor of Sandra H. Osterlund and against Jan A. Osterlund in the Amount of $71,406.14 for amounts owed to Plaintiff for alimony for the time period if Septembet 1, 1998 through February 28, 2002. Vol o ppyy� 17 Wpm. J By the court Edgar 8. Bayley J Copies mailed April'`3, 2002,ci to wi.t-idr'aw appearance for deft Jan A. Osterlund, by William C. Kolles Esq - July 5. 2002, Order of Court, filed: AND NOW, July 5, 2002, a hearing on disposition of the finding ofcivilcontempt against. defendant Jan A. Osterlund shall be conducted in Courtroom No. 2, Cumbehdna,couhty Courthouse, Carlisle, ,PA at 11:00 a.m., Monday, July 22, 2002. Failure of"Delendant to appear will.result in the issuance of en Order of Attachment for his arrest and production in Court. • By the Court, Edgar B. Bayley,J. Copies to Atty Spare 7/5/02 July 19, 2002, Order of Court, filed. AND NOW, this 19th day •f July, 2002, the hearing: on the disposition of the finding of civil contempt against defendant, J- A. Osterlund, now scheduled for July 22, 2002, is cancelled and rescheduled for Monday, gust 26, 2002, at 11:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, .a lvania. Failure of defendant to appear will result in the issuance of an order of atta t for his arrest and production in court. Copies mailed 7/22/02. By the. Court, Edgar B. Bayley, J. too I August 1, 2002, Sheriff Re. .., filed. Jan Osterlund Defendant, •t served by Sheriff.' Not living at address provided. Believed to be living in trailer park off •f Shauffnertown Road, Fairview TWp - York County. So Answers: R. Thomas Kline, Sheriff Sheriff's Costs: $42.66 pd S _ baker, Brenneman, Spare 7/03/02 August 1, 2002, Sheriff's Re.. ilea from York Cumty. Jan Osterlund, Defendant York County - per brother, he moved 2-3 years ago to either to Florida or Arizona. William M. Hose,Sheriff of York County Sheriff's Costs $54.87 pd 7/1'/02 Snelbaker, Brenneman, Spare August 28. 2002. Order of Con , filed. AND NOW, this 26th day o August, 2002, following an adjudication finding defendant in civil contempt of this Court's order of March 5, 1999, the following disposition is ordered. 1. Defendant is conm:itte to the Cumberland County Prision in civil contempt. 2. Defendant may purge mself of contempt as follows: A. Placing Sandra H. Ost>rlund on the health insurance plan of LoJan Associates and providin her with the necessary documen ation to 'use such coverage. B. Present plaintiff, th ough her counsel, with a written plan to ,purge himself of contempt of the Order of March 5, 1999. C. Provideplaintiff, th ugh her counsel, with the full financial records of LoJan Associate for the last two years. - D. Advise plaintiff, thr ugh her counsel, with the full financial records of any change of address within one day of s ch change. 3. Commitment to the Cum erlend County Prison is deferred until 8:45 a.m., Tuesday, Septembe 17, 2002, at which time defendt is ordered to appear in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsyly a, for a determination of whether he has met the within. conditions f purge. Opies mailed. Aug. 28, 2002 Septa:bar 20, 2002, Order of"•.urt, filed. AND NOW, this 17th day o September, 2002, this matter is continued until furter order of Copies Mailed 9/20/02 the court Edgar B. Bayley J October 16, 2002, Order of Co , Filed. AND NOW, This 16the day of October, 2002, we find that defendant has complied with the four conditions set forth in the ,rder of August 26, 2002, for him to purge himself of contempt; the provision in that order comm ting him to the Cumberland County Prison in civil Contempt IS VACA By the Court, Edgar B. Bayley, J. :ruary 10„ 20 bruary 14. 2003. Please amen 3claratory Judgi id Jan A. Oster: April 11, 20( Relief. By.? Member 22, 2003 ;ice mailed 9/17 :tober 13, 20 AND NOW to suety Domesti rtter, effect. dations Sect The Alimon t . 11,g/o, P: Praec; pe )3, Petition for Declator Relief, By Anthony N, Thomas, Esq. Praecipe to Ammend Caption. f led. the Caption in the above docktedmatter to read as statedabove. The original Peition for ant filed on February 10. 2003 was erroneously entered with Sandra H. Osterlund as Defendant and as Plaintiff. Respectf ly submitted. Anthony�N. Thomas 3, Petitioner's Notion for L=- - of court to file Nefforandun of Law in support of petition for Dec]3rator nthony N. Thomas, Esq. Order/Notice to Withhold In By the Court, Edgar B. 03 6, ORDER OF COURT vit, this 13th day of Oct Relations Section dismi ve November 1, 2006, as on. account is closed with By the Court, Edge c;pc 4'- CM -4,64 apiebe me et,417 o i elppaygrice O n Frusf ll,aolo Praec;pc r 37.4.01ymen-/. Pnaec%pc Ar ett4ry cTup(glssevo x'79,11.2 G-1 of o 1.. l7 Uol 0 IF. I? h2..2.0A) , 19/ar 4j1; --e aJ k a.eV /a,aoia l(, zclo 19.61 &coo . /4/, roto ei• a .e' . for Support,. filed. ley, J. • ber 2006, it is hereby Ordered that the Cumberland s their interest in the above captioned Alimony n he arrears are unenforceable through the Domestic balance of $79,917.67 as of this date. B. Bayley Judge of'44.t 1pla;.,f;f Ftna(.a H . ale./u,,c( ; a.=w 5lccI ano( %adr,-; PA; LI, H. Sjxtrc Esq `(�i.e arck and J(.44144en.-6 en-Ie,^aa( in +4e a.noti.. i /6/ By ' Pk;I;p }{.*ace �nI 6/ �vC(.2eJ: p -e TtY 6V 1 d ravj ( 0 cher, f f s 7Refurn 3erfed (.Orito.Exeeutio aata w :Real:mien Blvd, M Sl.u,0).11, Ka.;c•.L�� Sewed_ r. 'JM aR E s ? eorf- fq7 sf ae 11 Sh tr i4r,t /2e -1 -kr r, W rA- 4 F Exiecu4; c,, Sheri 4' costs. She -4'4' a:d A..oc Cio,— u! 13, AU ?faee'Pe 1) (?lease illlk►ck ay LS �,r1 Xvuet!4e da .Safi•s1( 160-111. Sucii es.k d Co.) ea.a (164e) 111 apawee Rj64 -4t.) 6 .13y -e, a meal upon defF cd lao W(naton .pr, Meeh, PA 1'10, , PA 4 Mailed +o 3585 W. Warren Lane, ARthem AZ 8508 o dz.- ams w. ccs>/.a.+e, Aa41.ea'9Z gro2d. r'4Urn ec'4 TIOCjndd neat $ .so L Cr v.(POW lien Re1e1Se a4faa me aL,,nsN Co- Ext.e...1 r f$411%'k 66 1,0. cma Jam Garroricsek�""��"' e. /o Nook. 44 anrnuS-F 11,dht0 3t^dyne'Lf 644 an'o q1 d X79,9 7. 6,7 Sc' Shed• Pi aces Yemtse, ✓efea.se. 4- AM/8eAM/8e iscJnar e bgevlda'�F R. `tk4 aeerti► +ed dJJ/ar antav 46 Ow .-ems ` 1Nt. i'4- pe>;od1449 ID tired 30 )."7 aS OL Yfwrl4 4.a 441-e:✓ 2 iveece 'Ase Clowd o✓ discw r' te-d . (oadk/s (aiStb ,l o"` YNptt 1, ao((4 asst Viol ckschaled. ,L.. CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing NOTICE OF APPEAL upon counsel for the Plaintiff and related entities, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addresses as follows: Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 Social Security 8661 Citizens Drive I New Port Richey, FL 34654 Date: October 7, 2014 Ricki Shadday Domestic Relations Section 13 N. Hanover St., PO Box 320 Carlisle, PA 17013 Social Security Administration Mid -Atlantic Program Service Center 300 Spring Garden Street Philadelphia, PA 19123-2992 -141stnicole, law clerk iRtinioPY FROM RECORD In1 icerywtwr. Lh eoeri unto set my reed rid r, 1trMld ,0!'c 4Ia mle.ria,_ Nati 13, aol'f , ORDER P,P9tAA7r l'D CCRF RULE olo8.3(a)(3\ , Ma4 4,ao 14 -SIV RE: pe+i+IoN for ry -mem ..TAGe ibteor, Oauue- off stem nswer petition within aodsys o services toith.tn Rodey; e sda,le—A umernt se+ r 7 / 114 t� 11 /� '� TIE'. Ozort AIbe t H.Lsd,S . deb+',ian A .1b5terlunel ?eVition Tor Eli-OM-erne/It ol? 4/a0188 floper *t+leme i 61 ei rii W. Balr,JL. Eak-1 *cor PICC by &egor W. Bai r.IE, at+ycipr p14f -1. 00ant i - Mali al, Ao14, May 30,4°114, June 10, abl4, June IQ, &ot4, July 7, ab i4, July 14•,ab14, JuJy 17.6b14. Jut4 a8,ao14, `like as. �Ot4 Jill 30,ct4 17, 01144 a3,ao l4 Sep+ a5, &Dig . ETIForeemersi- 4/30/88,peott -Rule issued upon plff -lb .hmo Depositicrs a be eorrpleied CRt1. Ctes Matlec15/ ANSWER To PEnh1br , by AFFtoj v of SER , Pis a8reernert upon debts MoTioN To . MAKE Ruu: ASSoWTE, oR.ol:e. of C►ootzr,- tol141 1 til - IN p.e: PLT-F.MD}iontoMake?I u.le Absolute -*DEN! Fe! *e. Q Bvyour'F lbex+ l•F.. J pu.. rte' , 7/au%i4, by �oni W. B3irx a+kl-�jorpl AR uMENT - 64 + MrmbN To eoP 1NuE ARGUMENTOCHEDut_ED oRbt-R - '1/U¢- IN. RE: Mtsnoiu'ro �t f rnNUE—/ G2nntDrr..t7'- by Albert ti, dssla tS ps ma 7/0 ,y PIs Firs+3e+ot`=nrlerro3,341:3t-c up«,dry+-by a+k ? _ts4sei �c�nenlstnd �•o, &gay 6u.�ira, NoliceorTelephonic.bapcsition upon debt - by Gre8ory W. IN RE: PI} D2:1-iition for Enforcernentof 41301$$ {}ojrt.9 - * QrRARrED -. Lue direct 4Ro to garnish +he delS in am+ q $777.00 per month. By the eour+ A1\ ert 1+. Masland , 7 Copies mailed 9)rT)t q Copy -to DRzy*- SUPPo2T - *04 - by the eourf Ovin A. Hess, PS - by Keith E. Kendallatty for deet aza-npteAre oF• sEDYtes- Gregory W . Bir 3r, CeeritKATE of S,Ce -�S CEit-nric.A-reof seevleE- 1 6ir 7t. ai-ki-c,,,,ptfF ORDER OF ewer - g1116114- e144emen+ reernent ttelai Sewn be/ebts INCOME WITH HOW.WING FDR Perrnoa -rb OPEN 'JL) GMENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND Plaintiff No.: 48 EQ 92 v. JAN A. OSTERLUND Defendant In Equity CERTIFICATE OF SERVICE AND NOW, this 30th day of October, 2014, I, Gregory W. Bair, II, Esquire, of the law firm of Stock and Leader, LLP, attorneys for Plaintiff, hereby certify I served the within APPLICATION TO INCREASE AMOUNT OF SECURITY, this day by depositing the same in the United States mail, first-class mail, postage prepaid, in York, Pennsylvania, addressed to: Keith E. Kendall, Esq. Scaringi & Scaringi, P.C., 20 North Hanover Street, Suite 201, Carlisle, PA 17013 STOCK AND LEADER, LLP By: 0195400 - Gregory .f3 , II, Esquire PA# 20856 221 W. Philadelphia Street, Suite E600 York, Pennsylvania 17401-2994 Tele: (717) 846-9800 Fax: (717) 843-6134 gbair@stockandleader.com Attorney for Plaintiff SANDRA H. OSTERLUND : Petitioner/plaintiff V. JAN A. OSTERLUND Respondent/Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No.: 48 eq 92 In Equity Motion for a continuance CF THE Pi?OrNONOTA R s,/ 2014 LfOil .12 ii 2: 29 CUNBERL f,'D COUN PENNSYLVATYNIA "Your honor, I am Jan Osterlund. I am the defendant in this case. I would like to request a continuance in this case. My Attorney Keith Kendall would like to withdraw as my lawyer in this case due to my inability to pay any more of their fees. I have already made 2 payments 1 of $2500.00, the 2nd $1500.00. In order to move forward with him he said I would need to come up with a large amount of money, which I do not have. He suggested I represent myself which I am going to do, but I need some time to prepare myself, or try to get another attorney pro bono. So I am requesting a 60 day continuance. Respectfully ubmitted, 11 1 0-2014 PROTHONATARYS OFFICE The woman I spoke with at your office suggested I include this letter so you can get it up to Judge Masland right away because the deadline for me is Wednesday Oct 12. Respectfully, Jan Osterlund FILED -OFFICE OF THF PROTHONOTARY nitt NOV 12 AM 6: 14 6 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PT .EAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, : NO. 48 EQ 92 Plaintiff V. JAN A. OSTERLUND, CIVIL ACTION - LAW Defendant IN DIVORCE ANSWER TO PLAINTIFF'S APPLICATION TO INCREASE AMOUNT OF SECURITY NOW COMES the Defendant, Jan A. Osterlund ("Defendant") to answer the Application to Increase Amount of Security ("Application") of Plaintiff Sandra H. Osterlund ("Plaintiff"), by evenly -numbered paragraphs therewith, as follows: 1. Admit. 2. Admit. 3. The allegation avers a legal conclusion, and therefore does not require a response. To the extent deemed to be an averment of fact, same is denied, with strict proof thereof demanded at trial. 4. Admit. 5. Admit. 6. The allegation avers a legal conclusion, and therefore does not require a response. To the extent deemed to be an averment of fact, Plaintiff submits that the Court should use its discretion, to reduce or eliminate the security required from this indigent litigant. 7. The allegation avers a legal conclusion, and therefore does not require a response. To the extent deemed to be an averment of fact, same is denied, with strict proof thereof demanded at trial. 8. The allegation avers a legal conclusion, and therefore does not require a response. To the extent deemed to be an averment of fact, same is denied, with strict proof thereof demanded at trial. 9. The allegation avers a legal conclusion, and therefore does not require a response. To the extent deemed to be an averment of fact, same is denied, with strict proof thereof demanded at trial. 10. The allegation avers a legal conclusion, and therefore does not require a response. To the extent deemed to be an averment of fact, same is denied, with strict proof thereof demanded at trial. 11. The allegation avers a legal conclusion, and therefore does not require a response. To the extent deemed to be an averment of fact, same is denied, with strict proof thereof demanded at trial. . 2 12. Plaintiff requests the Court hear her Application on the same day with Defendant's Motion to Set Aside/Stay Order of Garnishment. Defendant requests a 60 -day extension for the hearing to allow him to prepare and seek pro bono representation. WHEREFORE, the Defendant requests that the Court dismiss the Application of Plaintiff, and award judgment in favor of Defendant, following the hearing of the Application. Date: November 12, 2014 Keith E. Kendall, Esq. Attorney for Defendant Scaringi & Scaringi, P.C. 20 North Hanover Street, Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scaringilaw.com CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing ANSWER TO PLAINTIFF'S APPLICATION TO INCREASE AMOUNT OF SECURITY upon counsel for the Plaintiff and related entities, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addresses as follows: Date: November 12, 2014 Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Biiiiding, 6th Floor 221 West Philadelphia Street York, PA 17404 4 a Nicole, law clerk THE PROTHONOTAF:1', 7011i NOV 14 PH 2:07 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff V. • • • NO. 48 EQ 92 JAN A. OSTERLUND, CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S MOTION FOR CONTINUANCE NOW COMES Defendant, Jan A. Osterlund, ("Defendant") by and through his attorney, Keith E. Kendall, Esq., to move the court for a continuance of the hearing on the Motion to Set Aside/Stay Order of Garnishment in the above matter, and in support thereof; aver that: 1. The hearing in the above matter has been scheduled for Monday, November 24, 2014 at 8:30 a.m. 2. The unsigned attorney has a conflict with his schedule for this date due to back-to-back depositions of 3 deponents for the entire day. 3. Defendant has been billed for legal fees and breached the agreement to pay for legal services. Defendant has informed us that he does not intend to pay. 4. The undersigned counsel cannot continue to represent Defendant and will be withdrawing pursuant to Pennsylvania Rule of Professional Conduct 1.16(b) by way of a Praecipe to Withdraw Appearance and Enter the Appearance of Defendant in pro se. 3. Defendant requests further time to prepare as he intends to seek other representation due to his inability to pay for legal services. 4. Counsel has contacted Plaintiff's attorney, Gregory W. Bair, II, seeking his concurrence of this Motion. Attorney Bair concurs in the grant of the requested continuance. WHEREFORE, Defendant requests that the hearing scheduled for Monday, November 24, 2014 be continued to the next available hearing date. Respectfully submitted, Date: November 14, 2014 2 Keith E. Kendall, Esquire Attorney for Defendant Attorney ID No. 42910 Scaringi & Scaringi, P.C. 20 N. Hanover St.,, Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scaringilaw.com CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing DEFENDANT'S MOTION FOR CONTINUANCE upon counsel for the Plaintiff, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addresses as follows: Date: November 14, 2014 Gregory W. Bair, .II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 3 istina Nicole, Iaw clerk EU:LI-OFFICE LI: THE PROTHONO TAM' HIMOV PM 2:07 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff V. JAN A. OSTERLUND, Defendant NO. 48 EQ 92 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL NOW COMES the Defendant, Jan A. Osterlund ("Defendant"), by and through his attorneys, Keith E. Kendall, Esq. and Scaringi and Scaringi, P.C., to file the following Concise Statement of Matters Complained of on Appeal, and in support thereof, avers the following: 1. Defendant's Docketing Statement, a true and correct copy of which is attached hereto at Exhibit A, contains • a Statement of Issues at Section E.2. ("Description of Appeal — Issues to be raised on appeal"). 2. The issues raised on appeal are more fully supported as follows: 1. Was the Plaintiff afforded an opportunity to present his defenses? Suggested Response: No. By way of further explanation, the Defendant was unable to personally appear at the September 25, 2014 hearing because he lives in Florida and could not afford to make the trip. Defendant is retired and his only income is $1,544.00 in Social Security benefits. Defendant hired a local attorney to appear at the September 25 hearing on his behalf, but the attorney ("Prior Counsel") failed or refused to appear despite having notice of the hearing and assuring the Defendant that he did not have to do anything. Under such circumstances, Defendant did not have the "opportunity to be heard, and as such, the September 25, 2014 Judgment violates the Defendant's right to Procedural Due Process under the 14th Amendment to the United States Constitution. Matthews v. Eldrige, 424 U.S. 319, 335 (1976); Cleveland v. Loudermill, 470 U.S. 532, 543 (1985). 2. Was the Divorce Settlement Agreement Unconscionable and/or Impossible to Perform? Suggested Response: Yes. By way of further explanation, a contract or term is unconscionable, and therefore unenforceable, where there was a lack of meaningful choice in the acceptance of the challenged provision and the provision unreasonably favors the 2 party asserting it. Denlinger, Inc. v. Dendler, 608 A.2d 1061 1068 (Pa. 1992) citing Witmer v. Exxon Corp., 434 A.2d 1222, 1228 (Pa. 1981). Further, the Marital Settlement Agreement that Mr. Osterlund's ex-wife seeks to enforce extends, ostensibly, to five (5) years after his death, which this Court should regard as the penultimate example of unconscionability. See, for example, Heiple v. Heiple, 38 Pa. D. & C.3d 661 (Pa.Com.pl. 1985)([i]t is a general rule that supervening insolvency or other inability to pay a money obligation will not of itself excuse performance of such obligation, but is a factor considerable by the court in deciding whether under all the circumstances its discretion should be exercised in favor of or against equitable relief, (citing Fisher v. Wilde et al. (No. 1), 44 Somerset L.J. 32, 36 (1984)) . . ."[I]t can be safely generali7ed that any time granting or withholding equitable relief significantly disturbs the judicial conscience or sense of fairness, the court will refrain from doing so." See also, Fiske v. Fiske, 114 Montgomery 234 (1984)(equity will deny specific enforcement of a marital agreement which required defendant to pay one-half of his net income for child support, where because of financial impossibility of performance an unreasonable financial burden exists after his income dropped by one-half). Further, to the extent that the enforcement action seeks to enforce the Marital Settlement Agreement in the amount of $25,000.00 per year, it is impossible for the Defendant to pay the amount alleged to be due, let alone survive on his annual Social Security income in the amount of $1,544.00. See, for example, Payne v. Clark, 409 Pa. 557, 187 A.2d 769 (1963)(an equity court has discretion to deny specific performance 3 of contract on the ground that such a decree would be unconscionable, unreasonably harsh, or unfair). Further, the theory of legal impossibility or impracticability is based on an objective standard and will not apply if a performance remains, practicable and is merely beyond a particular party's capacity to render it § 261 of the Restatement (Second) of Contracts, comment e, Dorn v. Stanhope Steel, 368 Pa.Super. 557, 534 A.2d 798 (Pa Super 1987), appeal denied, 518 Pa 656, 544 A.2d 1342 (1988). In order to prevail under the theory of legal impracticability, a party must establish that the act contemplated under the contract, the ability to ever earn his former income, is incapable of being performed, rather than the fact he is incapable of performing it. Kalnas v. Kalnas, 83 Pa. D. & C.4th 344 (Pa.C.P. (Butler) 2006), citing Luber v. Luber, 418 Pa.Super. 542, 614 A.2d 771, at 774 (Pa Super 1992). Applying the foregoing principles to this case, the Defendant is now retired and, unfortunately, has been contracted throat cancer, which he has been fighting for the last several years; and which has rendered him unable to work. He is, therefore, incapable of performing his former work, such that he is entitled to be released from compliance with his obligation under the marital settlement agreement at issue. 4 3. Is the garnishment of Mr. Osterlund's Social Security benefits confiscatory? Suggested Response: Yes. By way of further answer, the current Order not only garnishes 65% of the Defendant's monthly income, it also leaves him with less than 600 dollars per month to live on. 4. Did the trial court properly consider the Divorce Code in granting the Plaintiff relief Suggested Answer: No. By way of further response, the Divorce Code, if applicable to the case at issue, is founded upon principles of equity; whereas enforcement of the Marital Settlement Agreement to it's full extent is profoundly inequitable at this time in the Defendant's life. 5. Did the trial court properly consider the Defendant's income in arriving at its judgment? Suggested Answer: No. By way of further explanation, in Pennsylvania, a settlement agreement between a husband and wife is governed by contract law unless the agreement provides otherwise. Caccavo v. Caccavo, 565 A.2d 1199 (Pa. Super. 1989); Sonder v. Sonder, 549 A.2d 155 (Pa. Super. 1988); Vankirk v. Vankirk, 485 A.2d 1194 (Pa. Super. 1984); Litwack v. Litwack, 289 Pa.Super. 405, 433 A.2d 514 (1981), Stamerro v. 5 Stamerro, 889 A.2d 1251, 1258 (Pa. Super. 2005). With this in mind, a potential defense to the enforcement of a marital settlement agreement is the Doctrine of Impracticability, which states that a marital settlement agreement or at least certain provisions of it will be unenforceable if there has been an unforeseeable change in circumstances that render performance impracticable. Luber v. Luber, 614 A.2d. 771, (Pa. Superior 1992). In the instant case, it is impossible, much less impracticable, for the Defendant to perform his obligations under the parties' 1988 Divorce Settlement Agreement and the 1992 Addendum. Pursuant to those agreements, the Defendant is supposed to pay the Plaintiff $25,000 a year in alimony for life, and in the event of the Defendant's death, his estate is supposed to continue the payments for another five years. This agreement may have worked and appeared to make sense when the Defendant was a successful businessman, but that is no longer the case. Since then, the Defendant has retired and suffered financial hardship, and his sole source of income is $1,554 a month in Social Security benefits. Even if he did not have to support himself, buy food, pay rent, etc., the Defendant would still not be able to satisfy his obligations under the agreements. Therefore, the trial court clearly failed to properly consider the Defendant's income when entering its judgment. If it had done so, it would have quickly realized that it is impossible/impracticable for the Defendant to fulfill his obligations under the Divorce Settlement Agreement, and that the agreements should no longer be enforced. 6 6. Does the garnishment order result in twice garnishing the Defendant's benefits? Suggested Answer: Yes 7. Are the Defendant's Social Security Benefits wages pursuant to the Divorce Code and therefore subject to garnishment? Suggested Answer: No. 8. Should state or federal law control the maximum amount of spousal support garnished? Suggested Answer: State law controls. By way of further answer, under the Federal Consume Credit Protection Act, if an individual is more than twelve (12) weeks in arrears in regard to alimony or support payments, the government can garnish up to 65% of the individual's "aggregate disposable" (i.e. after tax) wages so long as the individual is not supporting another dependant child or spouse. 15 U.S.C. 1673. In contrast, Pennsylvania is much more restrictive in regards to wage garnishment. Although Title 23 of the Pennsylvania Consolidated Statutes, section 4348, subsection (g) states that the maximum amount that can be garnished to pay for a domestic relations support order cannot exceed the limits set forth in the Consumer Credit Protection Act, elsewhere in the Divorce Code, such as where it deals with garnishment for arrearages, the maximum amount of garnishment appears to tap out at 50%. Furthermore, although Federal law generally trumps state law when there is a conflict, this is not the case with wage 7 garnishment. Title 15, Chapter 41, Subchapter II of the United States Code, section 1677 explicitly states that the Consumer Credit Protection act does not "annul, alter, affect, or exempt any person with the laws of any state" that provides for more limited garnishment. Therefore, at most, the Defendant's wage garnishment to pay for his alimony and arrearages should be capped at 50% or $777. Respectfully submitted, Date: November 14, 2014 8 Keith E. Kendall, Esquire Attorney for Defendant Attorney ID No. 42910 Scaringi & Scaringi, P.C. 20 N. Hanover St., Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scaringilaw.com SUPERIOR COURT OF PENNSYLVANIA CMI Docketing Statement . _ Pursuant to Pa:RAP. 3617, you must complete this form In Its entirety end return thla fottn Wd attachments to the Prothonotary of the Superior Court by Ootober22..2014. A completed copy of this form must also be provkted to each appellee. THIS FORM IS FOR CML APPEALS ONLY, as Inclicatedon the trial court docket end/or order from willah you are appealing: .EAILIME TO comPizre ThignoCKETINGSTAIMERINMEATRElir IN A IMWLY T rt11)210141SSat. Or .4. •' L.^;',it I- •;.14, *,)4 A. CASE IDENTIFICATION 1. Case Caption: °stratum! S. v. Ostedund, 2. Superior Court Docket No: 1874 MDA 2014 3. Parttor Peltier) tiling appeal: Cite:kind, Jan B. Timmins OF APPEAL (Check only those which apply end fill in the dete(e)) ( Dateofjudgment or order appealed from: (*) Date of Pa.R.C.P. 238 notice: ( ) Datepraecipe forjudgrnent Ned: (ay Date judgment tiled: 10.2014 ),Chlite nate of appeallled: October 7, 2014 Was resectiderelksi 'equated trilhe loWercourt? ,;() Yes ( ) No, Vale) * 2014 Was It eXpressirgrinb3d? I ) Y K ).No (date) Court of Common Fleas October 6.2014 C. APPEAL FROM THE TRIAL COURT You must attach copies of the (1) Wel courts judgment, Order or decree from which this appeal Is taken;(2) notice of appea4 (3) up4o-date trial calla docket; end (4) trial court opinion, lf available. 1. is the order appealed from a trial, appaalable order? fir) Yea ( ) No Specify rtde end aubsecdon governing finality (e.g. PaRA.P, 301, 313, $41) and, If deviled, any FIPPlindblecase kov. Pe.R.A.P. 301 313'&341, 2, fi the order Is not a final older e. Is the order appealatie es of right under Pa.R.A.P. 311? ( ) Yes ( ) No (speolfy.which subsection) b. Was permission to appeal wanted pursuant to; I. Pa.RA.P. 1311? )Yes ( ,)No'Misc. Docket No. PaRA.P. 1501 et seq.? ( ) Yes ) No Mem Dodcat No. ...• 3. HOW have 61.1es-been PreServed7 Pro4doi motions, einettobiettinnmotion to remove 110h -Wit, peak:sib Strike/open) APetitlomd ent.was filed on Saptarflber25, 2014. A Motion*, Set Aside/Stay Order of Garnishment Pursuant to Pa.R,A.P 1732 was filed on October 7, 2014. ACK 3020 mum use pm D. RELATED CASES Ust all related cases pending In any court (e.g. co-defendants, auss-appeal counterclaims, bankruptcy proceedings mother appeals): CASE NAME COURT CASE NO. TYPE OF CASE NONE Docket No.•Cif cross-appeal: • L DESCRIPTION OPAPPEAL (If necessary, attach additional pages forcompletion off and 2) 1. Bitef descriptkx1 of action and result WOW: Theirial court granted Plaintiffs Petition:4w .Enforcement of theApril 20,1988 Property Setriertient Agreementand: ordered Defendants Social Security Benefits to be garnished fri thEtemotint of $777.00 per month. Instead; DomeStIC Relations is gemiehing Defendants. berme* 2.tirnes for #rearages fora:total of 85% of Defendants monthly benefibs, Is5teas10 Widest( on eget 1) Whether Plaintiff was affordetenopportunItyto Present hie defenses? 2) Whether the..garnishment is confiscatory? 3)Whether the Divorce Settlement Agreement Is uncontclonatrie7 4) IMiether thstriel court contiderad the Divorce Code In.granting Plaintiff relief? 6) Wheliterthe trial obuit.coinsiderect Defendarits.lhoorne tb•arrive at its judgment?"8) Whether the garnishment order results in bViceigamishing Defendant's benefits? 7) Whether Defendants retirement benefits are defined asvages pursuant -to the Divorce Code and therefore subject to be .gamiShedni) Whether state or federal later should coned:the rrodtrsum amount ofspputialeupportgarnieltod7 Signature E.mao Adthess lieLthes_cark_201._:____law corn ,prifit rte Keith E. Ke Es. - Atty. I.D. No. 42910 .Addrei20 N Hanover St., Ste. 201 Date October 20.2014 Carlisle,. PA 17013 CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing DEFENDANT'S CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL upon counsel for the Plaintiff, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addresses as follows: Date: November 14, 2014 Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 stina Nicole, law clerk 64 - N THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, NO.48 EQ 92 -�,`- Plaintiff =rn y � v r Y (� v� -c v. JAN A. OSTERLUND, CIVIL ACTION - LAW Defendant IN DIVORCE -0 ORDER OF COURT AND NOW, this 79 day ofZr?"-e-g-&(;•e2-, 20/44, upon review of the within Defendant's Motion for Continuance and with the concurrence of counsel for the Plaintiff, it is hereby ordered and decreed that the Defendant Jan A. Osterlund request for a continuance is granted. The new hearing date and time shall be itc.e. i .2z , 20/' at /0: GYM 147M. BY THE COURT, Distribution Court Administration Keith E. Kendall, Esq,., Scaringi & Scaringi, P.C., 20 N. Hanover St., Ste. 201, Carlisle, PA 17013 ✓ Gregory W. Bair, II, Esq., Susquehanna Commerce Center, East Building, 6th Floor 221 West Philadelphia Street, York, PA 17404 *(124L'Et /9/1 SANDRA H. OSTERLUND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JAN A. OSTERLUND, DEFENDANT 49 EQUITY 1992 ORDER OF COURT AND NOW, this AP day of November, 2014, Defendant's pro se request for a continuance filed on November 12, 2014 is DENIED. Defendant is still represented by counsel of record in this court and in the matter under appeal. By the Court, Albert H. Mas and, J. egory W. Bair, II, Esquire Susquehanna Commerce Center East 221 W. Philadelphia St., Ste. E600 York, PA 17401-2994 Keith E. Kendall, Esquire 20 North Hanover Street, Suite 201 Carlisle, PA 17013 Jan A. Osterlund 10340 Nina Court New Port Richey, FL 34654 :sal pri.1_41., /coy Keith E. Kendall, Esq. Attorney ID 42910 Scaringi & Scaringi, P.C. 20 North Hanover Street, Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scaringilaw.com Attorneys for Defendant HE f RlO: Sr,`i�1 A . 20111 DEC -5 PM 3: 214 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff v. NO. 48 EQ 92 (Judge Albert H. Masland) JAN A. OSTERLUND, CIVIL ACTION - LAW Defendant IN DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW comes Petitioners, Keith E. Kendall, Esq. of Scaringi & Scaringi, P.C. and Scaringi & Scaringi, P.C., who respectfully request that this Honorable Court grant him and his law firm permission to immediately withdraw as counsel for Defendant, Jan A. Osterlund ("Defendant") in the above -captioned action and in support thereof aver, as follows: 1. Keith E. Kendall, Esq. and Scaringi & Scaringi, P.C., are presently counsel of record for Defendant, Jan A. Osterlund in the above -captioned matter. 2. Pennsylvania Rule of Professional Conduct 1.16(b) permits withdrawal as counsel when the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client;" Pa.R.P.C. 1.16(b)(6). 3. Defendant has breached the agreement that it entered into regarding payment of legal fees. 1 4. Petitioners seek to withdraw as counsel for Defendant in this matter because it is believed that grounds exist pursuant to Rule of Professional Conduct 1.16(b)(6). 5. A hearing is scheduled for December 22, 2014 at 10:00 a.m. in Courtroom 1 in this matter. 6. No hearing or argument is requested. 7. Discovery is not necessary. WHEREFORE, Petitioners respectfully request that this Honorable Court order that Petitioners' request to withdraw as counsel on behalf of Defendant, Jan A. Osterlund, in the above -captioned matter is granted. Date: Respectfully submitted, SCARINGI & SCARINGI, P.C. tv)- , 2014 By: 2 Keith E. Kendall, Esq. Attorney ID No. 42910 20 North Hanover Street, Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scaringilaw.com CERTIFICATE OF SERVICE I, Kristina Nicole, Law Clerk for Scaringi & Scaringi, P.C., do hereby certify that a copy of the foregoing Petition to Withdraw as Counsel in the above - captioned case has been duly served upon the following individual(s) by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 Attorney(s) for Plaintiff Jan A. Osterlund 39927 N High Noon Way Phoenix, AZ 85086 Defendant Date: December 5, 2014 stina Nicole, Law Clerk IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, NO.48 EQ 92 Plaintiff (Judge Albert H. Masland v. JAN A. OSTERLUND, CIVIL ACTION - LAW Defendant IN DIVORCE RULE AND NOW, this /'ay of-�%e..e6 , 2014, a rule is hereby issued upon both Plaintiff Sandra H. Osterlund and Defendant Jan A. Osterlund to show cause why the Petition of Keith E. Kendall, Esquire and Scaringi & Scaringi, P.C. to Withdraw as Counsel should not be granted. i Plaintiff Sandra H. Osterlund and Defendant Jan A. Osterlund shall file answers to the d6 e e.e� ya-f ani .24)741 e `©• 00 , c� e w �'� 4 Petition withka- - .. - - • ' .h c54.4 co « € /( Cost %6Gh?.. /4e .211-6/-041 , The Petition shall be decided under Rule 1012(c) and (d) (1) the Pennsylvania Rules of Civil Procedure and Rule 1.16(b) (5) and (6) of the Rules of Professional Conduct. Notice of the entry of this Rule to Show Cause shall be given to Plaintiff Sandra H. Osterlund and Defendant Jan A. Osterlund by Keith E. Kendall and Scaringi & Scaringi, P.C. BY THE COURT: Distribution List: ✓ Keith E. Kendall, Esq., Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 / Gregory W. Bair, II, Esq., Susquehanna Commerce Center, East Building, York, PA 17404 / Jan A. Osterlund, 39927 N High Noon Way, Phoenix, AZ 85086 6th Floor, 221 West Philadelphia Street, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff No.: 48 EQ 92 • v. In Equity • • JAN A. OSTERLUND, Defendant . COWITY PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE AND NOW, this 12th day of December, 2014, comes the Plaintiff, Sandra H. Osterlund, by and through her attorneys, Gregory W. Bair, II, Esquire, and Stock and Leader, LLP, and files this Answer to Rule to Show Cause Why the Petition of Keith E. Kendall, Esquire and Scaringi & Scaringi, P.C. to Withdraw as Counsel should not be granted and in support thereof sets forth the following: 1. Plaintiff is SANDRA H. OSTERLUND (hereinafter referred to as "Plaintiff'), who is an adult individual residing at 409 Deerfield Road, Camp Hill, Pennsylvania. 2. Respondent/Defendant is JAN A. OSTERLAND (hereinafter referred to as "Defendant"), who is an adult individual residing at 39927 North Noon Way, Phoenix, AZ 85086. 3. Plaintiff's counsel has no objection to the withdrawal of Keith E. Kendall, Esquire and Scaringi & Scaringi, P.C. as Defendant's counsel. 4. Plaintiffs counsel concurs in the filing of Mr. Kendall's Petition, and, therefore, believes Mr. Kendall's requested relief should be granted. 0205479- December 12, 2014 By: 0205479 - Respectfully Submitted, STOCK AND LEADER, LLP G Grego ir, II, Esquire PA# 208156 STOCK AND LEADER, LLP Susquehanna Commerce Center East 221 W. Philadelphia Street, Suite E600 York, Pennsylvania 17401-2994 Tele: (717) 846-9800 Fax: (717) 843-6134 gbair@stockandleader.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA H. OSTERLUND Petitioner/Plaintiff • • • No.: 48 EQ 92 v. In Equity JAN A. OSTERLUND Respondent/Defendant CERTIFICATE OF SERVICE AND NOW, this 12th day of December, 2014, I, Gregory W. Bair, II, Esquire, of the law firm of Stock and Leader, LLP, attorneys for Plaintiff, hereby certify I served the within Answer to Rule to Show Cause, this day by depositing the same in the United States mail, first-class mail, postage prepaid, in York, Pennsylvania, addressed to: Keith E. Kendall, Esq. Scaringi & Scaringi, P.C., 20 North Hanover Street, Suite 201, Carlisle, PA 17013 STOCK AND LEADER, LLP By: 0205479 - Gregory + . air, II, Esquire PA# 1:156 221 W. Philadelphia Street, Suite E600 York, Pennsylvania 17401-2994 Tele: (717) 846-9800 Fax: (717) 843-6134 gbair@stockandleader.com Attorney for Plaintiff Keith E. Kendall, Esquire Attorney for Defendant Attorney ID No. 42910 Scaringi & Scaringi, P.C. 20 N. Hanover St., Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scaringilaw.com F Lu -'0 s . L F U HQrtt0 T.,: 2UI+1 DEC 16 .0111: 5b. CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SANDRA H. OSTERLUND, Plaintiff v. NO. 48 EQ 92 JAN A. OSTERLUND, CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S MOTION FOR TELEPHONIC APPEARANCE NOW COMES Defendant, Jan A. Osterlund, ("Defendant") by and through his attorney, Keith E. Kendall, Esq., to move the court for an order to permit Defendant to appear by telephone. 1. The Defendant requests to appear by telephone because he cannot afford to travel from Arizona to Pennsylvania to appear in person, and he wishes to appear at the hearing scheduled for December 22, 2014 at 10:00 a.m. 2. The Defendant's attendance at this hearing is not possible absent an Order from this Court for the purpose on the aforementioned date. 3. Counsel contacted Plaintiffs attorney, Gregory W. Bair, II, seeking his concurrence of this Motion. Attorney Bair does not concur in the grant of the requested telephonic appearance. WHEREFORE, Defendant requests this Court to enter an Order assuring his attendance at the hearing on December 22, 2014 by ordering that the Defendant can appear by telephone. Date: December 16, 2014 2 Respectfully submitted, Keith E. Kendall, Esquire Attorney for Defendant Attorney ID No. 42910 Scaringi & Scaringi, P.C. 20 N. Hanover St., Suite 201 Carlisle, PA 17013 Phone: 717.960.0075 Fax: 717.960.0074 Email: keith@scaringilaw.com CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing DEFENDANT'S MOTION FOR TELEPHONIC APPEARANCE upon counsel for the Plaintiff, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addresses as follows: Date: December 16, 2014 Gregory W. Bair, II, Esq. Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 3 /A7J&k- Kri a Nicole, law clerk IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA t R, SANDRA H. OSTERLUND, NO.48 EQ 92 Plaintiff, v. , ..:si JAN A. OSTERLUND, Defendant • CIVIL ACTION - LAW czS? IN DIVORCE - + ORDER OF COURT AND NOW, this /"day of , 20/44 upon review of the within Defendant's Motion for Telephonic Appearance and without the concurrence of counsel for the Plaintiff, it is hereby ordered and decreed that the Defendant Jan A. Osterlund is ordered to appear by telephone for the hearing scheduled on December 22, 2014 at 10:00 a.m. BY THE COURT, Distribution Court Administration — 1 ->b tZth E. Kendall, Esq,., Scaringi & Scaringi, P.C., 20 N. Hanover St., Ste. 201, Carlisle, PA 17013 Gregory W. Bair, II, Esq., Susquehanna Commerce Center, East Building, 6th Floor 221 West Philadelphia Street, York, PA 17404 Cop /120.t iahepy I in