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HomeMy WebLinkAbout06-6301ELIZABETH B. FERRARI, Plaintiff vs. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- WO / CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ELIZABETH B. FERRARI, Plaintiff VS. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- 6,36/ CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 ELIZABETH B. FERRARI, Plaintiff vs. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- (-36' J CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, ELIZABETH B. FERRARI, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is ELIZABETH B. FERRARI, an adult individual who currently resides at 495 North 25" Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is JOSEPH P. FERRARI, an adult individual who currently resides at 495 North 25" Street, Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 31 March 1984 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNTI 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. 3 COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. 4 COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: `? ?lll d r ELIZABETH B. FERRARI, Plaintiff VS. JOSEPH P. FERRARI, Defendant PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above matter. Date: 1 (0- k?00 Zco?' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-6301 CIVIL TERM IN DIVORCE Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 ?' " 4 r `? ?._ r :3 C? ?? 1 -T ? CJ ?' G S`?:1"Sl _- -_j? (;fl ^S %' ?- ?? ? -C ?. Elizabeth B Ferrari, IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. NO.: 06-6301 Civil Term Joseph P Ferrari, CIVIL ACTION - LAW Defendant DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 James A. Miller, Attorney for Def Elizabeth B Ferrari, IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. NO.: 06-6301 Civil Term Joseph P Ferrari, CIVIL ACTION - LAW Defendant DIVORCE ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE NOW COMES, Defendant, Joseph P Ferrari, by and through his attorneys, James A. Miller, Esquire, and Miller Lipsitt LLC answers Plaintiff's Complaint in Divorce as follows: 1. Admitted in part and denied in part. Plaintiff's last known address was 495 N 25th Street, Camp Hill, Pennsylvania. It is believed and therefore averred that Plaintiff is residing in an apartment in Cumberland County, Pennsylvania. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Defendant is without sufficient knowledge or information as to the truth and veracity of the averment and to the extent the averment is deemed to be factual, specific proof thereof is demanded at trial. 8. Denied. No responsive pleading is required. 9. Admitted. 10. Denied. Plaintiff is in possession of significant funds in excess of $25000.00 derived from the sale of marital property. Plaintiff is additionally in possession of personal property and has a vehicle for transportation. Plaintiff took a marital piece of jewelry estimated to be in excess of $10000.00 to Line & Line Jewelers in Carlisle, Pennsylvania anticipating that the consignment thereof would and will generate additional funds to assist in her support. Moreover, Plaintiff earns substantial and considerable income in her self-employment. 11. Denied. Defendant hereby incorporates preceding paragraph 10 as if fully set forth herein. 12. Denied. Defendant is in the process of building his newly formed business and to a large extent has depleted resources in order to sustain his welfare. Defendant's company does not generate consistent income but rather obtains lump sum consideration periodically based upon bids and their acceptance by potential clients. There is no way to determine whether Defendant will have another "job" via bid acceptance at any time now or in the future. Moreover, Plaintiff's claim for alimony is seriously deficient in that it is riddled with indignities. 13. Denied. Defendant hereby incorporates preceding paragraph 10 as if fully set forth herein. 14. Denied. Defendant hereby incorporates preceding paragraph 12 as if fully set forth herein. 15. Denied. Defendant hereby incorporates preceding Answer 10 as if fully set forth herein. 16. Denied. No responsive pleading is required. 17. Denied. Denied. Defendant hereby incorporates preceding paragraph 12 as if fully set forth herein. COUNTERCLAIM - 3301(A) OF THE DIVORCE CODE 18. Defendant hereby incorporates preceding paragrahs one (1) through seventeen (17) as if fully set forth herein. 19. Plaintiff has offered such indignities to the Defendant, as to have rendered her life burdensome, pursuant to Section 3301(a)(6) of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests your Honorable Court to: A. enter a Decree dissolving the marriage between the parties; B. equitably distributing the marital property between the parties; C. denying Plaintiff's request for Alimony, Alimony Pendente Lite, Counsel Fees, Costs/Expenses; D. and for such further relief as the Court may determine. Respectfully submitted, Date: Thursday, January 04, 2007 James A. filler, Esquire 2157 Mar et Street Camp Hy f, PA 17011 (717 7-6400 Elizabeth B Ferrari, IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. NO.: 06-6301 Civil Term Joseph P Ferrari, CIVIL ACTION - LAW Defendant DIVORCE VERIFICATION I verify that the statements made in the attached divorce complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. r Date: a Elizabeth B Ferrari, Plaintiff V. Joseph P Ferrari, Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO.: 06-6301 Civil Term CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have sent a copy of the foregoing Answer and Counterclaim to counsel for Defendant, Samuel L. Andes, Esq. by First Class United States First Class Mail on the date and to the address indicated below. Thursday, January 04, 2007 Samuel L. Andes, Esq. Attorney at Law P.O. Box 168 Lemoyne, Pennsylvania 17043 Date: Thursday, January 04, 2007 KL Tames A. Miller Esquire 2157 Market reet Camp Hill, 17011 (717A,7-37-6400 C7 ?_ ..,.,i w= ?-- -p^[1 ? e -.` C"? 1," ? -?'?'t ?? ? f ? '' ...,,i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. IN DIVORCE Defendant NOTICE TO RESUMM PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marling "x"] >( _ prior to the entry of a Final Decree in Divorce, . or after the entry of a Final Decree in-Divorce dated , hereby elects to resume the prior surname of -roje-/:z T2 and gives this written noti a avowing his /her intention p the wrovisipns,4 54 .704. Date: o? o Signa ature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF On the day of 200 before me, the Prothonotary or the notary public, personally appeared the above afhant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or Notary Public NOTARIAL SEAL PMOINOTARY, NMM-MLIC CANIAE l BLAND COMM. UffpMSE MY.OO MMISSION EXPIRES JANUARY 4, 2010 ? ?..? - r? i c ?,. ....- ,.._.?1 ?r? ?MM ? l .rr ?,? ?": ..d.F 4 ra ?, ELIZABETH B. FERRARI, ) Plaintiff ) vs. ) JOSEPH P. FERRARI, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE MOTION FOR CONFERENCE AND HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court for a conference at the Domestic Relations Office and, if necessary, a hearing on her request for alimony pendente lite in this matter, which was raised in the divorce complaint she filed on 30 October 2006, a copy of which is attached hereto. Sa uel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12,n Street Lemoyne, Pa 17043 (717) 761-5361 ELIZABETH B. FERRARI, Plaintiff VS. JOSEPH P. FERRARI, Defendant IN THE COURT'OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA'P NO. 06-W61 C IN DIVORCE -' c N c= O%. O T12M 2a .n N Cn Q ` © g CDO 5M NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House . 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 . RUE COPY FROM REGO I restW" whereof, I two wno set" W ild the--- l said cmd at Cafte, Io. ELIZABETH B. FERRARI, Plaintiff vs. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 ELIZABETH B. FERRARI, ) Plaintiff ) vs. ) JOSEPH P. FERRARI, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, ELIZABETH B. FERRARI, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is ELIZABETH B. FERRARI, an adult individual who currently resides at 495 North 25'h Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is JOSEPH P. FERRARI, an adult individual who currently resides at 495 North 25`h Street, Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 31 March 1984 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNTI 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. 4 COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). DATE: '? A? A?x d cr` U -:j ELIZABETH B. FERRARI, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-6301 CIVIL TERM JOSEPH P. FERRARI, IN DIVORCE Defendant/Respondent PACSES CASE NO: 475109005 ORDER OF COURT AND NOW, this 6th day of March, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on April 3, 2007 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. James A. Miller, Esq. Date of Order: March 6, 2007 ?..t.? RFY, Sha y, C ference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 c° -n W r1 Lr. r Via' Elizabeth B Ferrari, Plaintiff V. Joseph P Ferrari, Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO.: 06-6301 Civil Term CIVIL ACTION - LAW DIVORCE NOTICE OF SERVICE OF DEFENDANT'S First SET OF INTERROGATORIES TO PLAINTIFF TO: Curtis R Long, Cumberland County PROTHONOTARY Mr Long: Please be advised that on March 12 2007 an original of the Interrogatories of Defendant, Joseph P Ferrari were served upon counsel for Plaintiff, Samuel L. Andes, Esq. by hand delivery to his offices on 12th Street, Lemoyne PA. MILLER LIPSITT LLC James A ' ler, Esquire 356 No 21 st Street C Hill, PA 17011 17) 737 6400 Attorney for Defendant, Joseph P Ferrari Date: March 12 2007 3 -•r ? O .f -0 1% ELIZABETH BERTRAM, Plaintiff/Petitioner VS. JOSEPH P. FERRARI, Defendant/Respondent IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYL ANIA CIVIL ACTION - DIVORCE NO. 06-6301 CIVIL TERM IN DIVORCE PACSES Case Number 475109005 ORDER OF COURT AND NOW, this 3rd day of March, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1370.14 and Respondent's month y net income/earning capacity is $3454.56, it is hereby Ordered that the Respondent pay to t e Pennsylvania State Collection and Disbursement Unit, $380.00 per month payable as f llows: $282.00 per month for alimony pendente lite and $98.00 per month on arrears. First pa ent due on or before April 15, 2007 and by the 15th of each month thereafter. Arrears set at $591. 1 as of April 3, 2007. The effective date of the order is February 26, 2007. Failure to make each payment on time and in full will cause all arre7urther s to beco e subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. , i f he Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Orde , including, but not limited to, commitment of the Respondent to prison for a period not to exceed ix months. Said money to be turned over by the PA SCDU to: Elizabeth Bertram. Paym made by check or money order. All checks and money orders must be made payable and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Number in order to be processed. Do not send cash by mail. rs must be PA SCDU security cc360 r .. Unreimbursed medical expenses that exceed $250.00 annually are to be paid as 1 Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250. unreimbursed medical expenses. (X) Respondent () Petitioner () Neither party to provid insurance coverage. Within thirty (30) days after the entry of this Order, the (X) Res- () Petitioner shall submit written proof that medical insurance coverage has been obtain( application for coverage has been made. Proof of coverage shall consist, at minimum, c of the health care coverage provider(s); 2) any applicable identification numbers; 3) any evidencing coverage; 4) the address to which claims should be made; 5) a description of restrictions on usage, such as prior approval for hospital admissions, and the manner of approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all de co-payments; and 8) five copies of any claim forms. This Order is offset by the Petitioner's obligation for child support in the amol per month for the parties' two children under PACSES Case Number 410109056 and 00221 S 20007. This Order shall become final twenty days after the mailing of the notice of the Order to the parties unless either party files a written demand with the Prothonotary for novo before the Court. Consented: Petitioner Respondent Mailed copies on: APR 0 5 2007 to: Petitioner Respondent Samuel L. Andes, Esq. James A. Miller, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, J. W¢bley Oler, Jr. llows 0% by 0 annually in medical ondent d or that 1) the name cards any obtaining luctibles and of $529.00 >cketed at atry of the ? hearing de J. DRO: R.J. Shadday ?.-? ?. x"' ? -r ; ' Y `. i . - ? ? TV: ., - t't y n- ?iTi ? ( ? -? („?:) ELIZABETH BERTRAM, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 06-6301 CIVIL TERM JOSEPH P. FERRARI, ) Defendant ) PACSES Case Number 475109005 PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of ELIZABETH BERTRAM, respectfully represents that on 3 March 2007 an Order of Court was entered for the support of the Plaintiff and one child in the amount of $282.00 per month as alimony pendente lite. A true and correct copy of the Order is attached to this Petition. 2. Petitioner is entitled to the reduction of this Order because of the following material and substantial changes in circumstances: A. The older child is now emancipated and the younger child resides with both parents although he spends more than 50% of his nights and substantially more than that of the day time with the Defendant. Accordingly, there should be entered an order for alimony pendente lite and an order for child support, both in favor of the Plaintiff. WHEREFORE, Petitioner requests that the Court modify the existing order for support. I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. k st ZUD:7 Date Attorney for Petitioner ELIZABETH BERTRAM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-6301 CIVIL TERM JOSEPH P. FERRARI, IN DIVORCE Defendant/Respondent PACSES Case Number 475109005 ORDER OF COURT AND NOW, this 3rd day of March, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1370.14 and Respondent's monthly net income/earning capacity is $3454.56, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $380.00 per month payable as follows: $282.00 per month for alimony pendente lite and $98.00 per month on arrears. First payment due on or before April 15, 2007 and by the 15th of each month thereafter. Arrears set at $591.81 as of April 3, 2007. The effective date of the order is February 26, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Elizabeth Bertram. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. (X) Respondent () Petitioner () Neither parry to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the (X) Respondent Q Petitioner shall submit written proof that medical insurance coverage has.been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is offset by the Petitioner's obligation for child support in the amount of $529.00 per month for the parties' two children under PACSES Case Number 410109056 and docketed at 00221 S 20007. This Order shall become final twenty days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Mailed copies on: APR 0 5 2007 to' Petitioner Respondent Samuel L. Andes, Esq. James A. Miller, Esq. Respondent's Attorney BY THE COURT, DRO: R.J. Shadday In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 475109005 Docket Number: 06-6301 CV Other State ID Number: Please note: All correspondence must include the PACSES Case Number. APRIL 3, 2007 SUMMARY OF TRIER OF FACT Plaintiff Information Defendant Information ELIZABETH B. BERTRAM JOSEPH P. FERRARI Address: UNIT B-202 2140 MARKET ST CAMP HILL PA 17011-4728 Employer: ELIZABETH B. FERRARI DESIGNER PAINTING 2140 MARKET STREET CAMP HILL, PA 17011 Attorney: SAMUEL L. ANDES, ESQ. ? Complaint for Support ? Petition for Modification Filed ® Other Reason for Conference: WIFE FILED FOR ALIMONY PENDENTE LITE ON 2/26/07. 3/8/07:WIFE FILED FOR SPOUSAL SUPPORT UNDER C#393109011 3/23/07: HUSBAND FILED FOR CHILD SUPPORT FOR 2C UNDER C#410109056 Dependent(s) Current Order: $ o . o o Service Type M Address: 495 N.25TH ST CAMP HILL PA 17011-2102 Employer: HOMELAND WIRELESS STRATEGIES 495 N. 25TH STREET CAMP HILL, PA 17011 Attorney: JAMES A. MILLER, ESQ. /per month NEW ACTION Form CM-022 v1 Worker ID 21005 BERTRAM V. FERRARI Plaintiff Information PACSES Case Number: 4 7 510 9 0 05 Defendant Information Current Income: $21,841.00/A SELF EMPLOYMENT INCOME - 1543.00/A SELF EMPLOYMENT TAX $1370.14/M NET INCOME $54,618.00/A SELF EMPLOYMENT INCOME + 1,820.00/A DEPRECIATION - 3,859.00/A SELF EMPLOYMENT TAX $3454.00/M NET Tax Return: P-1 H-3 Medical Coverage: HAS COVERAGE FOR THE FAMILY AT A COST OF $315.00/M Child Care/Tuition: Additional Obligations: MORTGAGE: $2,800.00/M CREDIT CARD DEBT: $4,800.00 Other Information: 3/31/84: PARTIES WERE MARRIED 1/10/89: 1C, ELIZABETH WAS BORN. ELIZABETH GRADUATES 6/9/07 12/13/91: 1C, KENNETH WAS BORN 10/30/06: WIFE FILES FOR DIVORCE 11/1/06: PARTIES SEPARATE 2/26/07: WIFE REQUESTS APL CONFERENCE 3/8/07: WIFE FILES FOR SPOUSAL SUPPORT 3/23/07: HUSBAND FILES FOR CHILD SUPPORT FOR 2C. THERE IS A SPLIT CUSTODY ARRANGEMENT WITH ELIZABETH AND SHARED CUSTODY ARRANGEMENT WITH KENNETH. BOTH PARTIES ARE SELF EMPLOYED. DEF'S BUSINESS HAS BEEN IN EXISTENCE FOR 4YRS THE PARTIES SOLD A PROPERTY IN 2006 THAT GENERATED CAPITAL GAINS OF $64,732. AFTER PAYMENT OF TAXES OWED BY THE DEF, THE PARTIES SHARED THE REMAINING PROCEEDS OF THE SALE. THE FOLLOWING ARE THE NET PROFIT FROM THE PARTIES' BUSINESSES FOR PRIOR YEARS: 2004: H=$38,867 W=$6,590 Page 2 of 3 Form CM-022 v1 Service Type M Worker ID 21005 BERTRAM V. FERRARI PACSES Case Number: 475109005 Other Information (continued): 2005: H=$188,282. W=$24,008. Facts Agreed Upon: CUSTODY ARRANGEMENT IS SPLIT AND SHARED FOR THE 2C Facts in Dispute and Contentions with Respect to Facts in Dispute: WIFE CONTENDS THAT HUSBAND'S LOWER SELF EMPLOYMENT INCOME FOR 2006 REFLECTS A CONSCIOUS EFFORT TO DECREASE HIS INCOME BECAUSE OF THE SEPARATION. Guideline Amount: $ 811.41 / MONTH DRS Recommended Amount: $ 2 8 2.0 0 /MONTH DRS Recommended Order Effective Date: 02 /26 /07 Parties to be Covered by Recommended Order Amount: WIFE/APL Guideline Deviation: ® YES or ONO Reason for Deviation: RULE 1910.16-4(e) SUPPORT OBLIGATIONS WHEN CUSTODIAL PARENT OWES SPOUSAL SUPPORT. ?529.00/M IS OWED BY WIFE FOR SUPPORT FOR 2C 811 - 529= 282/M APL Submitted by: R. J. SHADDAY Date Prepared: APRIL 3, 2007 Page 3 of 3 Form CM-022 v1 Service Type M Worker ID 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH BERTRAM Plaintiff VS. JOSEPH P. FERRARI Defendant Docket Number 06-6301 CV ) PACSES Case Number 475109005 ) Other State ID Number NOTICE OF RIGHT TO REQUEST A HEARING The parties are hereby advised that they have until APRIL 25, 2007 to request a hearing de novo before the Court. File requests in person at: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 or mail to: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 CC363 r? f? 4 ?i ' 1 1 ?? ),! ! ?! l- ;?? ?i"} ? :_? ?? - ? m ;.: ', 1? ? ?. ?? ?, :.?: c? C`1. Cr ELIZABETH BERTRAM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-6301 CIVIL TERM JOSEPH P. FERRARI, IN DIVORCE Defendant/Respondent . PACSES Case Number: 475109005 ORDER OF COURT AND NOW, this 13th day of August, 2007, a petition has been filed against you, Joseph P. Ferrari to modify an existing Alimony Pendente Lite Order. You are ordered to appear in personat the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on September 10, 2007 at 10:30 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. James Miller, Esq. Date of Order: August 13, 2007 / R. J. adda , Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND ' REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ? ' ? ? ? ?-? ?? _?., ?ri ','73 ±e _ 1 ? t 't : i? ?? ?? •? .. f` '? ?? 1 ELIZABETH BERTRAM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitiioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-6301 CIVIL TERM JOSEPH P. FERRARI, IN DIVORCE Defendant/Respondent PACSES Case Number: 475109005 ORDER OF COURT AND NOW, this 21 st day of September, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $ N/A and Respondent's monthly net income/earning capacity is $ N/A, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seventy Five and 00/100 Dollars ($75.00) per month payable as follows: $75.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: on or before October 15, 2007 and by the 15" of each month thereafter. The effective date of the order is August 8, 2007. Credit set at -$82.92 as of September 21, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Elizabeth Bertram. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 a{ The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the obligee that exceeds $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31' of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by Respondent and 100% by Petitioner. (X) Respondent () Petitioner () Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the (X) Respondent Q Petitioner shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This order is based upon an agreement of the parties. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: SEP 2 4 2007 to: Petitioner Respondent Samuel L. Andes, Esq. James A. Miller, Esq. Petitioner's Attorney Respondent's Attorney DRO: R.J. Shadday BY THE COURT, C ;jtio V3 --TI ?I ? I I .r ELIZABETH B. FERRARI, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM JOSEPH P. FERRARI, Defendant PACSES # 475109005 MOTION FOR MODIFICATION OF ALIMONY PENDENTE LITE ORDER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to modify its order for alimony pendente lite entered on or about 21 September 2007, for the following reasons: 1. The prior order was entered on the basis of an agreement which the Defendant has now refused to honor and perform and has violated and breached; and 2. The prior order was not based upon the actual earnings of the parties; and 3. The prior order is inadequate for the support of Petitioner under the present circumstances of the case. WHEREFORE, Plaintiff moves this court to refer this matter to the Domestic Relations Office for a conference and other proceedings for the entry of an appropriate order for alimony pendent lite. Sa L. Ande Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 r CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: James A. Miller, Esquire 765 Poplar Church Road Camp Hill, Pa 17011 Date: 5 December 2007 Amy M kins ecretary for Samuel L. Andes i-vi 41 _15 C7 3 ELIZABETH BERTRAM, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE • U30 / NO. 06PWO CIVIL TERM JOSEPH P. FERRARI, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 475109005 ORDER OF COURT AND NOW, this 10th day of December, 2007, a petition has been filed against you, Joseph P. Ferrari, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Rel2tions Section, 13 North Hanover Street, Carlisle, Pennsylvania, on January 9. 2008 at 10:30 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed asrequired by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrantfor your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. James A. Miller, Esq. Date of Order: December 10, 2007 iJ. Sh , C n ence Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 t.`? r ?? ?-, i ;? --? ? ?` _? C.?,J 's? ?+.? ?,.:: ? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH BERTRAM Plaintiff Docket Number PACSES Case Number ) Other State ID Number 06-6301 CV vs. JOSEPH P. FERRARI Defendant Order AND NOW to wit, this that: 475109005 DECEMBER 26, 2007 it is hereby Ordered THE DEFENDANT SHALL PAY AN ADDITIONAL SUM OF $12.00 PER MONTH FOR THE ACCRUED AREARAGES ON THIS CASE. BY THE COURT: DRO: R.J. SHADDAY Form OE-520 Service Type M Worker ID 21005 t? ? -?a t3- ca rri r r - co T7 TI s ii T1 ELIZABETH BERTRAM, ; Plaintiff/Petitioner VS. JOSEPH P. FERRARI, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE L1361 NO. 06A** CIVIL TERM IN DIVORCE PACSES Case No: 475109005 ORDER OF COURT AND NOW to wit, this 4th day of January 2008, it is hereby Ordered that the Petition for Modification of the Alimony Pendente Lite order is dismissed, without prejudice, pursuant to an agreement of the parties and the Petitioner withdrawing her petition. The conference scheduled for January 9, 2008 is cancelled. The Respondent is given credit in the amount of $142.08 for a direct payment to the Petitioner. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. James A. Miller, Esq. Form OE-001 Service Type: M Worker: 21005 C3 s _ra L3 + f ELIZABETH B. FERRARI, PLAINTIFF VS. JOSEPH P. FERRARI, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-6301 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, JOSEPH P. FERRARI, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: ELIZABETH B. FERRARI, Plaintiff VS. JOSEPH P. FERRARI, Defendant PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE Please withdraw all economic claims filed in the above matter by the Plaintiff, Elizabeth B. Ferrari, now Elizabeth Bertram. 3 March 2008 Saln?l L. Ande'§-1 Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 e?;:? `"?,. ?) ? t ?.::. .. - - ?''??? t? _ '; ?. Elizabeth B Ferrari, Plaintiff V. Joseph P Ferrari, Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO.: 06-6301 Civil Term CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was served upon the defendant on 13 NoYe-rnbe r 2000 by axsona.l a ee-LnLianee C?C sev Oce_ . 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to orities. Date: 7 Jo h P Fer ri .a c 7l ?Y•y _5 ?.."r.? ICY } n. R•? 77 Elizabeth B Ferrari, Plaintiff V. Joseph P Ferrari, Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO.: 06-6301 Civil Term CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: ,.J _'F ?! .,... ?1 w A `, ,,, ' i ?? r ELIZABETH B. FERRARI, now Elizabeth Bertram, Plaintiff VS. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 30 October 2006 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,J-Jslaoo? Dated: ELIZABETH B. FERRARI, now ELIZABETH BERTARM, Plaintiff VS. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Acceptance of Service indicating service on Defendant on 13 November 2006. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: 3 March 2008 by Defendant: 27 February 2007 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 3 March 2008, filed contemporaneously herewith Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: dated 27 February 2008, filed contemporaneously herewith. ) Q?? .Ir, g Date: Samuel L. Andes Attorney for Plaintiff _,?, t,- ? ? `;; ,-- ? ?::? ?i-a ?:.? ._.? ?. YV ?_? .. - ? ?,? ? : i,.. .. ,f-e -, r '^-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ELIZABETH R FERRARI y ,now No. TERMt an VERSUS jOSEPH P. FERRARI, DECREE IN DIVORCE AND NOW, II Ll l ( ,ZQQS , IT IS ORDERED AND DECREED THAT ELIZABETH BERTRAM , PLAINTIFF, AND JOSEPH P. FERRARI DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: PROTHONOTARY ? ?? ., ,? ?. ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff vs. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE MOTION FOR ENTRY OF ORDER FOR ALIMONY AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to enter the attached Order for Alimony, based upon the following: 1. The moving party herein is the Plaintiff. 2. The parties executed a Property Settlement Agreement dated 27 February 2008, a copy of which is attached hereto and marked as EXHIBIT A. 3. The said Agreement requires the Defendant to pay alimony to Plaintiff in the amount of $350.00 per month, commencing on the first day of March 2008 and continuing thereafter until terminated in accordance with Paragraph 7 of the Agreement. 4. This court entered a final decree in divorce on I 1 March 2008. 5. To date, Defendant has not paid the alimony required by the parties' Agreement. Plaintiff now seeks an order to implement and enforce the alimony terms of that Agreement. 6. The Honorable J. Wesley Oler is the Judge who signed the divorce decree in this matter. To Plaintiff's knowledge, he is the only Judge who has been involved in the divorce action. 7. By the express language of Paragraph 7 of the parties' Agreement, both the defendant and his attorneys concur in this motion for the entry of the attached Order. WHEREFORE, Plaintiff moves this court to enter the attached Order for Alimony so that alimony may be administered by the Domestic Relations Office of Dauphin County in accordance with the parties' Agreement. Samuel L. Andes, Esquire Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: g am,,, 2 DQ(j5'- S IJEL L. ANDES EXHIBIT A PROPERTY SETTLEMENT AGREEMENT F THIS AGREEMENT, made this day of 200 is by and between: Alf 30SEPH P. FERRARI of Camp Hill, Pennsylvania, hereinafter referred to as "Husband"; and ELIZABETH B. BERTRAM, formerly Elizabeth B. Ferrari of Camp Hill, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 31 March 1984 and are the parents of two children, Elizabeth Clare Ferrari, born 10 January 1989 and now legally emancipated and Kenneth Andrew Ferrari, born 13 December 1991: (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 06-6301 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by James A. Miller, Esquire, have each exchanged full and complete Information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and Page 1 of 13 WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending. to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CUSTODY. The parties have previously arranged for the legal and physical custody of their son and this Agreement shall not make further disposition of those rights, claims or obligations. Each of the parties reserves onto themselves all of their rights, claims, and obligations regarding custody of their child. 2. CHILD SUPPORT. Husband and Wife are parties to an action pending before the Court of Common Pleas of Cumeberland County, Pennsylvania, for the support of their son Kenneth, which action Is filed to No. 178 S 2007 (PACSES No. 393109011), and in which case there has been an order entered obligating Husband to pay Wife, through the Domestic Relations System, support for the child. The parties agree that their claims for the support of their son shall be resolved by that case and the orders entered and amended in that case hereafter. Accordingly, this Agreement makes no further disposition of any claims regarding child support and the parties reserve all of their rights, claims and obligations regarding the support of their child. 3. FORMER MARITAL RESIDENCE. The parties acknowledge that, since their separation, they sold the former marital residence at 495 North 25"' Street in Camp Hill, Page 2 of 13 Pennsylvania, made partial division or distribution of the proceeds, and that the remaining proceeds from the sale remain in an escrow account with Fulton Bank, Account No. 9904- 36287 held for the benefit of the parties by their attorneys, which account contains approximately $40,000.00. The parties agree that they shall divide the funds held in that escrow account equally and hereby authorize and direct Husband's attorney to distribute the funds In the account, in equal shares to each of the parties, immediately upon the execution of this Agreement. 4. RETIREMENT ACCOUNTS. Husband represents that the only retirement assets he earned or accrued during the marriage that have not previously been disclosed to Wife and liquidated by the parties, are the balance in his Lucent Savings Plan (currently held in an account with Fidelity Investments which has a balance of approximately $28,000.00) and the balance in his Kaval Retirement Plan (which has a balance of approximately $2,800.00). The parties agree that they shall divide those equally so that Wife receives, in the form of a tax-free rollover from Husband's Lucent Savings Plan/Fidelity account, an amount equal to one half of the balance in both accounts as of the date of division and distribution. Husband's attorney will be responsible to prepare and obtain the entry and implementation of that order. If there is a filing fee payable to the court for the entry of the order, the parties will share that filing fee. 5. JOINT TAX RETURN FOR 2005. Husband filed an individual tax return for 2005 and Wife has not as yet filed a return for that year. The parties agree that they shall file a joint tax return for 2005, and an amended return If necessary, and share equally any refund and the cost of preparing such return. The parties agree that they shall cooperate with each other and with the accountant to prepare and file the return as promptly as possible after the date of this Agreement. 6. ENGAGEMENT RING. The parties have agreed to sell the engagement ring a Husband gave to Wife prior to marriage and they have placed it with Line & Line Jewelers Page 3 of 13 in Carlisle, Pennsylvania, for sale on consignment. The parties agree that the ring, or the diamond In it, should be sold for the highest price which the parties can obtain in the near future and that the net proceeds of any sale will be divided equally between them. The parties agree to cooperate with each other and Line & Line Jewelers to effect such sale and further agree that, if the ring is not sold within a reasonable time, the parties may place the ring for sale with another jeweler or make other arrangements for its sale. 7. ALIMONY PENDENTE LITE AND ALIMONY. Husband is obligated to pay Wife alimony -pendente lite pursuant to an order entered in the divorce action between the parties and to PACSES No. 475109005. The parties agree that the terms and provisions of that APL order shall remain in full force and effect until 1 March 2008, at which time Husband shall pay Wife alimony as follows: A. The amount of alimony shall be $350.00 per month and shall be payable on the 11 day of each month. The amount of alimony shall be subject to modification in accordance with Sub-Paragraph C hereof. B. The term of the alimony shall continue until the first of the following events to occur: (1) death of Husband; (2) death of Wife; (3) Wife's remarriage; (4) Wife's cohabitation, as that term is defined by the Law of the Commonwealth of Pennsylvania; (5) termination in accordance with the. terms in Sub-Paragraph C hereof. C. Four years after the date of the commencement of alimony, the term and the amount of alimony shall be subject to modification or termination, if Wife's Income, calculated and determined In accordance with the laws of the Commonwealth of Pennsylvania then in effect, exceeds $100,000.00 per year before taxes, or if Husband's income, calculated and determined in accordance with the laws of the Commonwealth of Pennsylvania then in effect, is less than $100,000.00 or more than $200,000.00. The parties agree that they shall, in the first quarter of 2012, exchange tax returns, both personal and business, for tax year 2011 so that Page 4 of 13 each of the parties can calculate whether modification or termination of the order is appropriate and the parties will then, privately or through counsel, negotiate an appropriate modification or termination of the alimony order. In the event that the parties cannot agree upon the modification or termination of the order, either party may then petition the Court of Common Pleas of Cumberland County to modify or terminate the alimony order at that time. Otherwise, the terms and provisions of this Agreement relating to alimony shall not be subject to modification by any court or tribunal. D. The administration of this alimony order shall be made through the Domestic Relations Oice of Cumberland County, Pennsylvania, and the parties agree that they shall have prepared and entered an order incorporating the terms of this Paragraph so that the Domestic Relations Office may administer the order and collect and forward payments pursuant to the order. E. The payments made by Husband to Wife pursuant to this Paragraph shall be treated by both parties as alimony for income tax purposes. The parties agree that they shall cooperate with each other, their attorneys, and the Domestic Relations Office, to promptly implement and comply with the terms and provisions of this Paragraph and any order entered pursuant to the terms and provisions of this Paragraph. 8. MOTOR VEHICLES. The parties agree that they will divide, distribute, and otherwise dispose of the motor vehides owned by them, and any debt associated with those vehicles, as follows: A. Husband shall retain the 2000 Jeep Grand Cherokee or the proceeds of its disposition, now in his possession. Wife waives and releases any interest in or claim to said automobile currently in Husband's possession. Page 5 of 13 B. Husband shall retain the 2003 Lincoln automobile or the proceeds of Its disposition, now in his possession. Wife waives and releases any Interest in or claim to said automobile currently in Husband's possession. C. The parties acknowledge that they own a 1998 Volkswagen automobile in Wife's name which is for the benefit of their daughter. Husband waives any claim to that vehicle and the parties agree that it will continue to be held for the use of their daughter. The parties will make, execute, acknowledge, and deliver any and all documents necessary to accomplish the transfer or waiver of ownership In the motor vehicles as set forth herein. Each of the-parties shall be responsible to pay any and all debts, expenses, or other obligations arising out of their ownership or operation of said motor vehicles and shall indemnify and save the other harmless from any loss, cost, or expense caused to them by their failure to do so. 9. DEBTS. The parties shall pay and dispose of their marital debts, as follows: A. Wife shall be responsible to pay and satisfy, In accordance with its terms, the Chase credit card issued and held in her name alone. She shall pay that debt In accordance with its terms and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. B. Husband shall pay the credit cards issued in his name alone including three Capitol One credit cards (identified as Account Nos. 3688, 3476, and 5309) the B7 credit account, the AAA credit card or credit account, the Home Depot credit account, the WMU credit account, and the CC credit account, all of which Husband represents are In his name and which he acknowledges to have been used, at least partly, for the operation of his business. He shall pay that debt In accordance with Its terms and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to do so. Page 6 of 13 Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any-debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally Ilabie from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise Incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 10. WIDE SCREEN TELEVISION. The parties acknowledge that Husband purchased a wide screen television shortly before separation and mistakenly charged It on Wife's credit card. Husband shall retrieve the television from Wife's possession and it will be his sole and separate property hereafter. In consideration for Husband receiving the television, he shall pay Wife the additional sum of $3,000.00. That payment will be made from his-share of the proceeds of the sale of the former marital residence, at the time those proceeds are divided in accordance with Paragraph 3 hereof. 11. PERSONAL PROPERTY. Except for the wide screen television provided for In Paragraph 10 above, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently In his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be In the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. Page 7 of 13 12. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their Intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 13. WAIVER OF FURTHER CLAIMS FOR SPOUSAL SUPPORT, ALIMONY. OR .ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such Items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, Page 8 of 13 during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 14. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 15. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this. Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in Intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all Instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. Page 9 of 13 16. DISSLOSURE. Husband has represented to Wife that, during the marriage, he liquidated most of the parties' financial assets and. expended the proceeds of those assets to support the family, pay various family obligations, and otherwise preserve marital assets, during the periods of time when he was not employed or was starting his business. Husband represents to Wife, and assures her, that all of the Information he has provided regarding those assets is complete and accurate. Beyond that, both of the parties hereto represent to the other that they have. made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither parry hereto has withheld any financial Information from the other. Each of the parties represents that they have reviewed such Information, as well as the law of Pennsylvania as It relates-to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 17. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed by Wife to No. 06-6301 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their Page 10 of 13 respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree and that they shall instruct their attorneys to file those documents with the Prothonotary's Office as promptly as possible so as to conclude the divorce as promptly as possible and, if possible, by 1 March 2008. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 18. RELEASE. The parties acknowledge that the purpose of this agreement Is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 19. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to Page 11 of 13 which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 20. HOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 21. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 22. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness Witness Page 12 of 13 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUMBERLAND On this, the 2 day of 2008, before me, the undersigned officer, personally appeared) EPH P. FERRARI known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. S&L CM YJ i' fo, RKY Expires: COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND On this, the -?o day of 2008, before me, the undersigned officer, personally appeared ELIZABET14 B. BERTRAM known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Co ission Expires: EWn M. HARKINS, NOTARY PUBLIC WNE BORO.. CUMBERLAND COMMISSION EXPIRES FEB. 4, 2009 Page 13 of 13 r O 0? OD 0 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH BERTRAM ) Docket Number 06-6301 CV Plaintiff ) vs. ) PACSES Case Number 475109005 JOSEPH P. FERRARI ) Defendant ) Other State ID Number PETITION FOR CONTEMPT - DEFENDANT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Petitioner is CUMBERLAM County Domestic Relations Section. 2. Defendant is JOSEPH P. FERRARI who resides at 96 WESTERLY RD, CAMP HILL, PA. 17011-2957-96 3. On SEPTEMBER 21, 2007 an order of support was entered by the Honorable Court directing Defendant to pay the sum of $ 75.00 per month plus $ 12.00 per month in arrears for the support of his/her dependent(s). 4. Defendant has failed to comply with the order as entered by the Court by failing to: pay as ordered. ® provide information which was ordered. ? appear as ordered. ® other: Failure to maintain employment, last payment on 8/20/07 & only 3 payments made on this account. 5. The arrearages under the Order amount to $ 375.00 as of MAY 9, 2 0 0 8 WHEREFORE, Petitioner prays that the Court issue an order directing the attendance of Defendant at a hearing of said Petition and hereafter to make an adjudication of contempt. I verify that the statements made in this Petition are true and correct to the best of my knowledge. I understand that false statements herein are made to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. MAY 9, 2008 DEREK -R. CLEPPER-,--ESQ,` Date Signature Form EN-007 Rev. I Service Type M Worker ID 21600 - . cats , <_.. ; O ? i -IV. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH BERTRAM Plaintiff VS. JOSEPH P. FERRARI Defendant Docket Number ) PACSES Case Number ) Other State ID Number ORDER OF COURT Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court. 06-6301 CV 475109005 1. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the Court your defenses or objections. 2. You, JOSEPH P. FERRARI , Respondent, must appear in person in court on JUNE 13, 2008 at 9: 0 OAM , in COURT ROOM 1 CUMBERLAND CO COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA. 17013 IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITTED TO JAIL. 3. If the Court finds that you have willfully failed to comply with its order you may be found to be in contempt of court and committed to jail, fined, or both. Service Type M Form EN-528 Rev. 2 Worker ID 21600 BERTRAM V. FERRARI PACSES Case Number: 4 7 510 9 0 0 5 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. BY THE COURT: Date of Order: J J. Dler, j , JUDGE Page 2 of 2 Form EN-528 Rev. 2 Service Type M Worker ID 21600 ?'? Ly S 1, Y' ??' ?,. ? ?? --?! ' ?r r t ?} . ? ?' ; ?? ? ?, ' t^ ? r`=_ ? 1 ? ' J (`..i MAY 0 9 2008.E/ ?yy ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff VS. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE ORDER FOR ALIMONY AND NOW, this 1?,, ? day of 2 , 2008, to implement a provision of the Property Settlement Agreement between the Plaintiff and Defendant in this matter, and upon their agreement and stipulation, we order as follows: 1. The Defendant Joseph P. Ferrari (hereinafter "Husband") shall pay alimony to the Plaintiff Elizabeth B. Bertram, formerly Elizabeth B. Ferrari (hereinafter "Wife") as follows: A. The amount of alimony shall be $350.00 per month and shall be payable on the ls` day of each month. The amount of alimony shall be subject to modification in accordance with Sub-Paragraph C hereof. B. The term of the alimony shall commence on March 1, 2008 and shall continue until the first of the following events to occur: (1) death of Husband; (2) death of Wife; (3) Wife's remarriage; (4) Wife's cohabitation, as that term is defined by the Law of the Commonwealth of Pennsylvania; (5) termination in accordance with the terms of Sub-Paragraph C hereof. C. Four years after the date of the commencement of alimony, the term and the amount of alimony shall be subject to modification or termination, if Wife's income, calculated and determined in accordance with the laws of the Commonwealth of Pennsylvania then in effect, exceeds $100,000.00 per year before taxes, or if Husband's income, calculated and determined in accordance 9 ? :Z add C I A VW 9002 AMONOLO d 3H130 30U?0- lw with the laws of the Commonwealth of Pennsylvania then in effect, is less than $100,0000.00 or more than $200,000.00. The parties agree that they shall, in the first quarter of 2012, exchange tax returns, both personal and business, for tax year 2011 so that each of the parties can calculate whether modification or termination of the order is appropriate and the parties will then, privately or through counsel, negotiate an appropriate modification or termination of the alimony order. I n the event that the parties cannot agree upon the modification or termination of the order, either party may then petition the Court of Common Pleas of Cumberland County to modify or terminate the alimony order at that time. Otherwise, the terms and provisions of this Agreement relating to alimony shall not be subject to modification by any court or tribunal. D. The payments made by Husband to Wife pursuant to this Paragraph shall be treated by both parties as alimony for income tax purposes. This order shall be administered and enforced by the Domestic Relations Office of this Court and the parties shall cooperate with each other and with that office to assure the prompt and effective administration, payment, and enforcement of this order. Distribution: Z amuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12t' Street, Lemoyne, Pa 17043 games A. Miller, Esquire (Attorney for Defendant) 765 Poplar Church Road, Camp Hill, Pa 17011 eapi'es m?tcLL BY THE COURT, ELIZABETH BERTRAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-6301 CIVIL TERM JOSEPH P. FERRARI, IN DIVORCE Defendant PACSES Case No: 475109005 ORDER OF COURT AND NOW to wit, this 5th day of June 2008, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective March 1, 2008, pursuant to the parties' Property Settlement Agreement of February 27, 2008 and the final Decree in Divorce on March 11, 2008. There is a remaining balance of $150.00 owed on the Alimony Pendente Lite account and is to be paid in full by June 13, 2008. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. James A. Miller, Esq. Form OE-001 Service Type: M Worker: 21005 C CA) -c # ',t In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH BERTRAM ) Docket Number 06-630'1 CV VS. Plaintiff ) PACSES Case Number 475109005 JOSEPH P. FERRARI ) Defendant ) Other State ID Number BENCH WARRANT - DEFENDANT AND NOW, this 13TH DAY OF JUNE, 2008 the Sheriff of CUMBERLAND County, or any constable, or police officer, or other law enforcement officer is hereby ordered to take JOSEPH P. FERRARI residing at 96 WESTERLY RD, CAMP HILL, PA. 17011-2957-96 into custody for appearance before this Court This Bench Warrant is issued because it appears that JOSEPH P. FERRARI has failed to appear, after notice, before the Court for a scheduled conference and/or hearing. We command you, the arresting officer, forthwith to convey and deliver the party into the custody of the Court of Common Pleas of CUMBERLAND County, at CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 for a hearing. Name: JOSEPH P. FERRARI SSN: 009-30-6103 Sex: M DOB: 08/13/45 Age: 62 years Height: 5 ft 10 inches Weight: 180 lbs Alias: Last Known Employer: Service Type M Descriptive Information Race: W Eyes: BN Hair: GY Distinguishing features (scars, tattoos, facial hair, etc.): Telephone: (717) 612-8450 Form EN-048 Rev. 4 Worker ID 21005 BERTRAM Places Frequented: V- FERRARI PACSES Case Number: 4 7 510 9 0 0 5 Descriptive Information - Continued You are further commanded that if the Court is unavailable, the party may be held in the County Jail until the Court is opened for business, at which time the party shall be promptly conveyed and delivered into the custody of the Court at: CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 for a hearing. The authority in charge of the County Jail shall notify the Sheriff's Office and the Director of the Domestic Relations Section forthwith that the party is being held pursuant to the Bench Warrant. Under no circumstances may the party be held in the county jail of the county that issued this bench warrant for more than seventy-two hours or the close of the next business day if the 72 hours expires on a non-business day. See Pa.R.Crim.P 150(A)(5). Bail in this matter shall be set as follows: ? No bail Stipulations - ® Bail to be set in the amount of $ 15 0.0 0 BY THE COURT: S I G ,do Date Served by: Date and Time Served: Type of Service: Warrant Number: ` JUDGE Page 2 of 2 Form EN-048 Rev. 4 Service Type M Worker ID 21005 • -4 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH BERTRAM ) Docket Number 06-6301 CV Plaintiff ) vs. ) PACSES Case Number 475109005 JOSEPH P. FERRARI ) Defendant ) Other State ID Number Request for Bench Warrant and Supping Affidavit 1 • JOSEPH P. FERRARI did not appear for a conference and/or hearing in the Court of Common Pleas of CUMBERLAND County on JUNE 13, 2008 , which was scheduled by an Order of Court compelling this person's appearance, a copy of which is attached to this request. 2. The parry received the Order of Court scheduling the conference and/or hearing in the following manner: ® (a) The Order of Court (i) was served upon the party by ordinary mail with the return address of the court thereon; (ii) the mail was not returned to the court within fifteen (15) days after mailing; and (iii) at a date after the Order of Court was mailed, the United States Postal Service has verified that mail for the parry was being delivered at the address to which the court order was mailed. 0 (b) The party signed a receipt indicating acceptance of the court order. 0 (c) An employee of the court handed a copy of the court order to the parry. The employee's affidavit of service is attached. 0 (d) A competent adult handed a copy of the court order to the parry. The adult's affidavit of service is attached. 3. ® This request for Bench Warrant is made within sixty (60) days following the party's failure to appear for the conference and/or hearing; and ® I have reviewed the records of the Court and the Domestic Relations Section concerning this case, and attest that the party has not appeared for any domestic relations matter involving the same parties since the date upon which the party failed to appear in violation of the attached Order of Court. Form EN-046 Rev. 2 Service Type M Worker ID 21005 BERTRAM V. FERRARI PACSES Case Number: 475109005 4. In my capacity as hearing officer or conference officer, I request that the attached Bench Warrant be issued against the parry named on account of the parry's failure to appear for a schedule conference and/or hearing in violation of an Order of Court. The records of the Domestic Relations Section show that: ® the party owes support arrearages in the amount of $150. 00 ® the party has failed to appear for 1 hearings relating to this case. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dt Service Type M r Name/ icia Title Page 2 of 2 Form EN-046 Rev. 2 Worker ID 21005 C"> ??.a c° ?R?, ?? ?.... '? e,? °; ?'?;, ?? . ? } ,` , ,. w ? m+ .? ? -., _.? ELIZABETH BERTRAM Plaintiff Docket Number ) vs. PACSES Case Number JOSEPH P. FERRARI ) Defendant ) Other State ID Number Acceptance of Service 06-6301 CV 475109005 I accept service of -nd t -N .4P6 kt- L,, Ce .. X7- I certify that I am authorized to accept service on behalf of defendant. D E Def dan Authoriz d Service Type M Attachment to Form EN-534 Worker ID 21600 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 JULY 11, 2008 Plaintiff Name: ELIZABETH BERTRAM Defendant Name: JOSEPH P. FERRARI Docket Number: 06-6301 CV PACSES Case Number: 475109005 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Affidavit of Personal Service I hereby certify that the above named defendant or his/her authorized agent has been personally served with the following document(s): 4 aycc- -T- AeR?? 'tr C c uer WoldcsY by: J handing a copy to defendant; [ l handing a copy to an adult member of the family with whom he/she resides; or to an adult person in charge of such residence; [ l handing a copy to the defendant's agent in charge of the defendant's place of business. [ l handing a copy at the residence of the defendant to the clerk or manager of the place of lodging at which he/she resides. [ l handing a copy to who accepted service on behalf of the defendant and certifies by signature he/she is authorized to do so. Signature o ervmg Officer f S' Service Type m 4itL 1U1. Date Served Form EN-534 Worker ID 21600 rlj w P - jt ^ Y In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH BERTRAM Plaintiff VS. JOSEPH P. FERRARI Defendant Docket Number PACSES Case Number ) Other State ID Number 06-6301 CV 475109005 ORDER OF COURT Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court. I. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the Court your defenses or objections. 2. You, JOSEPH P. FERRARI , Respondent, must appear in person in court on JULY 25, 2008 , at 9: 0 OAM , in COURT ROOM 1 CUMBERLAND CO COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA. 17013 IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITTED TO JAIL. 3. If the Court finds that you have willfully failed to comply with its order you may be found to be in contempt of court and committed to jail, fined, or both. Form EN-528 Rev. 2 Service Type M Worker ID 21600 BERTRAM V. FERRARI PACSES Case Number: 475109005 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Date of Order: Service Type M BY THE COURT: k1l'-, D J . sley Dier , Jr . , Page 2 of 2 JUDGE Form EN-528 Rev. 2 Worker ID 21600 C { -n <-- -TI CD .? .: . a In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH BERTRAM ) Docket Number 06-6301 CV Plaintiff ) vs. ) PACSES Case Number 475109005 JOSEPH P. FERRARI ) Defendant ) Other State ID Number ORDER TO VACATE BENCH WARRANT - DEFENDANT AND NOW, this 11TH DAY OF JULY, 2008 it is hereby Ordered and Directed that the warrant issued on JUNE 18, 2008 for the arrest of JOSEPH P. FERRARI , 009-30-6103 is vacated. BY THE COURT: Bench Warrant Number: Service Type M Form EN-049 Worker ID 21106 Date In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 JULY 11, 2008 Plaintiff Name: ELIZABETH BERTRAM Defendant Name: JOSEPH P. FERRARI Docket Number: 06-6301 CV PACSES Case Number: 475109005 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. APPLICATION TO VACATE BENCH WARRANT DEFENDANT The Domestic Relations Section requests that the Bench Warrant issued on JUNE 18, 2008 for JOSEPH P. FERRARI , be vacated for the following reasons: COOPERATION AND PERSONAL SERVICE FOR A NEW COURT DATE. Este Fu2,ej-S Bench Warrant Number: Form EN-519 Rev. I Service Type M Worker ID 21106 r? CE? 06-6301 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/15/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SOCIAL SECURITY ADMINISTRATION STE 1 200 S SPRING GARDEN ST CARLISLE PA 17013-2578 009-30-6103 Employee/Obligor's Social Security Number 0057101796 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 425.00 $ 150.00 $ 0.00 $ 0.00 $ 350.00 $ 12.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? ® yes O no one-time lump sum payment for a total of $ 937.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 215.64 per weekly pay period. $ 468.50 per semimonthly pay period (twice a month) $ 431.28 per biweekly pay period (every two weeks) $ 937. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifie"R SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. _ Is BY THE COURT: f v fl /// 1, 1 " I ? Z 0 393109011 OOriginal Order/Notice 178 S 2007 OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: FERRARI, JOSEPH P. Employee/Obligor's Name (Last, First, MI) x v J. WESLEY OLER, JR., I ' JUDGE Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS N ecked you are required to provide a copy of this form to your mployee. If your employee works in a state that is rent from the state that issued this order, a copy must be provi?ed to your employee even if the box is not cheCKed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 8384100092 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: FERRARI, JOSEPH P. EMPLOYEE'S CASE IDENTIFIER: 0057101796 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT* NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FERRARI, JOSEPH P. PACKS Case Number 393109011 Plaintiff Name ELIZABETH BERTRAM Docket Attachment Amount 00178 S 2007 $ 575.00 Child(ren)'s Name(s): DOB KENNETH A. FERRARI 12/13/91 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACKS Case Number 475109005 Plaintiff Name ELIZABETH BERTRAM Docket Attachment Amount 06-6301 CV $ 362.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 3 Worker ID $OINC {"l r-,? rw"'S 1. C v' fro ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff vs. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE PETITION FOR ENFORCEMENT AND CONTEMPT OF ALIMONY ORDER AND NOW comes Elizabeth Bertram, formerly Elizabeth Ferrari, and petitions the court to enforce its alimony order in this matter and to adjudge Joseph Ferrari in contempt of such order and impose such sanctions as may be necessary to assure the timely payment of alimony in the future, all based upon the following: The Petitioner herein is Elizabeth Bertram. The Respondent herein is Joseph Ferrari. 2. On 13 May 2008, this court entered an order requiring Mr. Ferrari to pay alimony, to implement a portion of the parties' Property Settlement Agreement dated 27 Februay 2008. 3. Mr. Ferrari has consistently disobeyed that order and failed to comply with the provisions of the Property Settlement Agreement as well by failing to make the alimony payments required by both the agreement and the order. 4. Mr. Ferrari has sufficient income to pay the alimony required by the agreement and the order. He has sufficient income in fact, to take numerous lengthy and expensive vacations while not paying the alimony. 5. A copy of the Alimony Order which Ms. Bertram seeks to enforce is attached hereto and marked as Exhibit A. 6. A copy of the parties' Property Settlement Agreement which Ms. Bertram seeks to enforce is attached hereto and marked as Exhibit B. 7. Counsel for Plaintiff believes that Defendant does not concur in this petition. He provided a copy of the Petition to Defendant's counsel of record and has not heard any response from Defendant's counsel that would indicate his concurrence in the Petition or his agreement to the relief sought herein. 8. The Honorable J. Wesley Oler, Judge of this Court, has signed the Alimony Order which this Petition seeks to enforce. WHEREFORE, Elizabeth Bertram prays this court to take the following action: A. Order and direct Joseph Ferrari to make all payments due and owing under the terms of the parties Property Settlement Agreement attached hereto; and B. Order and direct Joseph Ferrari to make all payments due under this Court's Order of Alimony attached hereto; and C. Adjudge Joseph Ferrari in contempt of this court's order and impose on him such sanctions and take such actions as may be reasonably required to assure Mr. Ferrari's compliance with the terms of the parties' Agreement and the orders of this court; and D. Award Elizabeth Bertram the attorneys fees she has incurred in enforcing her rights under both the Agreement and the Order for Alimony. ". ? ?, U, L C-, uel L. An s, Esquire Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Dater 2-UD ? WYJ- r k k .. EI?I, Z BETH B. BERTRAM 6XIilt3plT A MAY 0 9 2008 ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff VS. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE ORDER FOR ALIMONY AND NOW, this _124 lay of X_ c7 %f , 2008, to implement a provision of the Property Settlement Agreement between t1k Plaintiff and Defendant in this matter, and upon their agreement and stipulation, we order as follows: 1. The Defendant Joseph P. Ferrari (hereinafter "Husband") shall pay alimony to the Plaintiff Elizabeth B. Bertram, formerly Elizabeth B. Ferrari (hereinafter "Wife") as follows: A. The amount of alimony shall be $350.00 per month and shall be payable on the V day of each month. The amount of alimony shall be subject to modification in accordance with Sub-Paragraph C hereof. B. The term of the alimony shall commence on March 1, 2008 and shall continue until the first of the following events to occur: (1) death of Husband; (2) death of Wife; (3) Wife's remarriage; (4) Wife's cohabitation, as that term is defined by the Law of the Commonwealth of Pennsylvania; (5) termination in accordance with the terms of Sub-Paragraph C hereof. C. Four years after the date of the commencement of alimony, the term and the amount of alimony shall be subject to modification or termination, if Wife's income, calculated and determined in accordance with the laws of the Commonwealth of Pennsylvania then in effect, exceeds $100,000.00 per year before taxes, or if Husband's income, calculated and determined in accordance with the laws of the Commonwealth of Pennsylvania then in effect, is less than $100,0000.00 or more than $200,000.00. The parties agree that they shall, in the first quarter of 2012, exchange tax returns, both personal and business, for tax year 2011 so that each of the parties can calculate whether modification or termination of the order is appropriate and the parties will then, privately or through counsel, negotiate an appropriate modification or termination of the alimony order. I n the event that the parties cannot agree upon the modification or termination of the order, either party may then petition the Court of Common Pleas of Cumberland County to modify or terminate the alimony order at that time. Otherwise, the terms and provisions of this Agreement relating to alimony shall not be subject to modification by any court or tribunal. D. The payments made by Husband to Wife pursuant to this Paragraph shall be treated by both parties as alimony for income tax purposes. This order shall be administered and enforced by the Domestic Relations Office of this Court and the parties shall cooperate with each other and with that office to assure the prompt and effective administration, payment, and enforcement of this order. BY THE COURT, Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12' Street, Lemoyne, Pa 17043 James A. Miller, Esquire (Attorney for Defendant) 765 Poplar Church Road, Camp Hill, Pa 17011 „, ,«? yY = y l~ r rat, I We unto sat MY hand 7,P tt i ? J rya: s a1". ac c?r'llsw, Pa . ELIZABETH B. BERTRAM, formerly } ELIZABETH B. FERRARI, ) Plaintiff ) } vs. ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM 0 JOSEPH P. FERRARI, } IN DIVORCE Q co o Defendant + z.-y, 71 6 MOTION FOR ENTRY OF ORDER FOR ALIMONY CA C) i AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. n d& an r- -c moves the court to enter the attached Order for Alimony, based upon the following: 1. The moving party herein is the Plaintiff. 2. The parties executed a Property Settlement Agreement dated 27 February 2008, a copy of which is attached hereto and marked as EXHIBIT A. 3. The said Agreement requires the Defendant to pay alimony to Plaintiff in the amount of $350.00 per month, commencing on the first day of March 2008 and continuing thereafter until terminated in accordance with Paragraph 7 of the Agreement. 4. This court entered a final decree in divorce on 11 March 2008. 5. To date, Defendant has not paid the alimony required by the parties' Agreement. Plaintiff now seeks an order to implement and enforce the alimony terms of that Agreement. 6. The Honorable J. Wesley Oler is the Judge who signed the divorce decree in this matter. To Plaintiff's knowledge, he is the only Judge who has been involved in the divorce action. 7. By the express language of Paragraph 7 of the parties' Agreement, both the defendant and his attorneys concur in this motion for the entry of the attached Order. WHEREFORE, Plaintiff moves this court to enter the attached Order for Alimony so that alimony may be administered by the Domestic Relations Office of Dauphin County in accordance with the parties' Agreement. Samuel L. Andes, Esquire Attorney for Plaintiff Supreme Court ID # 17225 525 North 121' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). 'MAI Date: g aoo S L L. ANDES A PROPERTY SETTLEMENT AGREEMENT Q IS AGREEMENT, made this ?- day of , 200is by and between: JOSEPH P. FERRARI of Camp Hill, Pennsylvania, hereinafter referred to as "Husband"; and ELIZABETH B. BERTRAM, formerly Elizabeth B. Ferrari of Camp Hill, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 31 March 1984 and are the parents of two children, Elizabeth Clare Ferrari, born 10 January 1989 and now legally emancipated and Kenneth Andrew Ferrari, barn 13 December 1991: (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has Initiated an action in divorce flied to No. 06-6301 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by-Samuel L. Andes, Esquire, and Husband by James A. Miller, Esgyire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed. by each and have disclosed to each other and to their respective attorneys full Information as to the financial status of both parties hereto; and Page 1 of 13 WHEREAS, the parties hereto have mutually entered Into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and Intending-to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant,-promise, and agree as follows: 1. CUSTODY. The parties have previously arranged for the legal and physical custody of their son and this Agreement shall not make further disposition of those rights, claims or obligations. Each of the parties reserves onto themselves all of their rights, claims, and obligations regarding custody of their child. 2.. CHILD SUPPORT. Husband and Wife are parties to an action pending before the Court of Common Pleas of Cumeberland County, Pennsylvania, for the support of their son Kenneth, which action is filed to No. 178 S 2007 (PACSES No. 393109011), and In which case there has been an order entered obligating Husband to pay Wife, through the Domestic Relations System, support for the child. The parties-agree that their claims for the support of their son shall be resolved by that case and the orders entered and amended In that case hereafter. Accordingly, this Agreement makes no further disposition of any claims regarding child support and the parties reserve all of their rights, claims and obligations -regarding the support of their child. 3. FORMER MARITAL RESIDENCE. The parties acknowledge that, since their separation, they sold the former marital residence at 495 North 251" Street in Camp Hill, Page 2 of 13 Pennsylvania, made partial division or distribution of the proceeds, and that the remaining proceeds from the sale remain in an escrow account with Fulton Bank, Account No. 9904- 36287 held for the benefit of the parties by their attorneys, which account contains approximately $40,000.00. The parties agree that they shall divide the funds held in that escrow account equally and hereby authorize and direct Husband's attorney to distribute the funds in the account, in equal shares to each of the parties, immediately upon the execution of this Agreement. 4. RETIREMENT ACCOUNTS. Husband represents that the only retirement assets he earned or accrued during the marriage that have not previously been disclosed to Wife and liquidated by the parties, are the balance in his Lucent Savings Plan (currently held In an account with Fidelity Investments which has a balance of approximately $28,000.00) and the balance in his Kaval Retirement Plan (which has a balance of approximately $2,800.00). The parties agree that they shall divide those equally so that Wife receives, In the form of a tax-free rollover from Husband's Lucent Savings Plan/Fidelity account, an amount equal to one half of the balance in both accounts as of the date of division and distribution. Husband's attorney will be responsible to prepare and obtain the entry and Implementation of that order. If there Is a filing fee payable to the court for the entry of the order, the parties will share that filing fee. 5. JOINT TAX RETURN FOR 2005. Husband filed an individual tax return for 2005 and Wife has not as yet filed a return for that year. The parties agree that they shall file a joint tax return for 2005, and an amended return if necessary, and share equally any refund and the cost of preparing such return. The parties agree that they shall cooperate with each other and with the accountant to prepare and file the return as promptly as possible after the date of this Agreement. 6. ENGAGEMENT RING. The parties have agreed to sell the engagement ring Husband gave to Wife prior to marriage and they have placed it with Line & Line Jewelers Page 3 of 13 in Carlisle, Pennsylvania, for sale on consignment. The parties agree that the ring, or the diamond In It, should be sold for the highest price which the parties can obtain in the near future and that the net proceeds of any sale will be divided equally between them. The parties agree to cooperate with each other and Line & line Jewelers to effect such sale and further agree that, if the ring is not sold within a reasonable time, the parties may place the ring for sale with another jeweler or make other arrangements for its sale. 7. ALIMONY PENDENTE LITE AND ALIMONY. Husband Is obligated to pay Wife alimony -pendente lite pursuant to an order entered in the divorce action between the parties and to PACSES No. 475109005. The parties agree that the terms and provisions of that APL order shall remain in full force and effect until 1 March 2008, at which time Husband shall pay Wife alimony as follows: A. The amount of alimony shall be $350.00 per month and shall be payable Qn the 11" day of each month. The amount of alimony shall be subject to modification In accordance with Sub-Paragraph C hereof. B. The term of the alimony shall continue until the first of the following events to occur: (1) death of Husband; (2) death of Wife; (3) Wife's remarriage; (4) Wife's cohabitation, as that term is defined by the Law of the Commonwealth of Pennsylvania; (5) termination In accordance with the. terms in Sub-Paragraph C hereof. C. Four years after the date of the commencement of alimony, the term and the amount of alimony shall be subject to modification or termination, if Wife's Income, calculated and determined In accordance with the laws of the Commonwealth of Pennsylvania then in effect, exceeds $100,000.00 per year before taxes, or if Husband's income, calculated and determined In accordance with the laws of the Commonwealth of Pennsylvania then in effect, is less than $100,000.00 or more than $200,000.00. The parties agree that they shall, in the first quarter of 2012, exchange tax returns, both personal and business, for tax year 2011 so that Page 4 of 13 each of the parties can calculate whether modification or termination of the order is appropriate and the parties will then, privately or through counsel, negotiate an appropriate modification or termination of the alimony order. In the event that the parties cannot agree upon the modification or termination of the order, either party may then petition the Court of Common Pleas of Cumberland County to modify or terminate the alimony order at that time. Otherwise, the terms and provisions of this Agreement relating to alimony shall not be subject to modification by any court or tribunal. D. The administration of this alimony order shall be made through the Domestic Relations Office of Cumberland County, Pennsylvania, and the parties agree that they shall have prepared and entered an order Incorporating the terms of this Paragraph so that the Domestic Relations Office may administer the order and collect and forward payments pursuant to the order. E. The payments made by Husband to Wife pursuant to this Paragraph shall be treated by both parties as alimony for income tax purposes. The parties agree that they shall cooperate with each other, their attorneys, and the Domestic Relations Office, to promptly implement and comply with the terms and . provisions of this Paragraph and any order entered pursuant to the terms and provisions of this Paragraph. 8. MOTOR VEHICLES, The parties agree that they will divide, distribute, and otherwise dispose of the motor vehicles owned by them, and any debt associated with those vehicles, as follows: A. Husband shall retain the 2000 Jeep Grand Cherokee or the proceeds of its disposition, now in his possession. Wife waives and releases any interest in or claim to said automobile currently in Husband's possession. Page 5 of 13 B. Husband shall retain the 2003 Lincoln automobile or the .proceeds of its disposition, now In his possession. Wife waives and releases any interest in or claim to said automobile currently In Husband's possession. C. The parties acknowledge that they own a 1998 Volkswagen automobile in Wife's name which is for the benefit of their daughter. Husband waives any claim to that vehicle and the parties agree that It will continue to be held for the use of their daughter. The parties will make, execute, acknowledge, and deliver any and all documents necessary to accomplish the transfer or waiver of ownership in the motor vehicles as set forth herein. Each of the-parties shall be responsible to pay any and all debts, expenses, or other obligations arising out of their ownership or operation of said motor vehicles and shall indemnify and save the other harmless from any loss, cost, or expense caused to them by their failure to do so, 9. DEBTS, The parties shall pay and dispose of their marital debts, as follows: A. Wife shall be responsible to pay and satisfy, in accordance with its terms, the Chase credit card issued and held in her name alone. She shall pay that debt in accordance with Its terms and shall Indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. B. Husband shall pay the credit cards issued in his name alone including three Capitol One credit cards (identifted as Account Nos. 3688, 3476, and 5309.) the BJ credit account, the AAA credit card or credit account, the Home Depot credit account, the WMU credit account, and the CC credit account, all of which Husband represents are in his name and which he acknowledges to have been used, at least partly, for the operation of his business. He shall pay that debt In accordance with its terms and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to do so. Page 6 of 13 Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any-debts In the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of there have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of.the parties' separation. Bath patties hereto mutually agree and promise that neither will contract or otherwise Incur debts in the other's or joint names without the prior permission and consent of the other patty hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 10. WIDE SCREEN TELEVISION. The parties acknowledge that Husband purchased a wide screen television shortly before separation and mistakenly charged it on Wife's credit card. Husband shall retrieve the television from Wife's possession and it will be his sole and separate property hereafter. In consideration for Husband receiving the television, he shall pay Wife the additional sum of $3,000.00. That payment will be made from his'share of the proceeds of the sale of the former marital residence, at the time those proceeds are divided in accordance with Paragraph 3 hereof. 11. PERSONAL PROPERTY.. Except for the wide screen television provided for in Paragraph 10 above, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently In his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, 'and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the Individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement: Page 7 of 13 12. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in.assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 13. WAIVER OF FURTHER CLAIMS FOR SPOUSAL SUPPORT, ALIMONY, OR ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the Income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themseif, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, Page 8 of 13 during the pendency of or as a result-of any such actions, as provided by the Divorce Code of.Pennsylvania or any other applicable statute, at this time and at any time in the future. 14. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate Intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise; release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall In no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall In no way affect any cause of action in absolute divorce which either party may have against the other. 15. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share In the property or. the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this. Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry Into effect this mutual waiver and relinquishment of all such interests, rights, and claims. Page 9 of 13 16. DISCLOSURE. Husband has represented to Wife that, during the marriage, he liquidated most of the parties' financial assets and.. expended the proceeds of those assets to support the family, pay various family obligations, and otherwise preserve marital assets, during the periods of time when he was not employed or was starting his business. Husband represents to Wife, and assures her, that all of the information he has provided regarding those assets is complete and accurate. Beyond that, both of the parties hereto represent to the other that they have. made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates•to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be flied between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 17. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made In contemplation of the conclusion by both of them of an action In divorce which has been filed by Wife to No. 06-6301 Civil Term before the,Court of Common Pleas of Cumberland County, Pennsylvania. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their Page 10 of 13 respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree and that they shall instruct their attorneys to file those documents with the Prothonotary's Office as promptly as possible so as to conclude the divorce as promptly as possible and, If possible, by 1 March 2008. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 18. RELEASE. The parties acknowledge that the purpose of this agreement Is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement In full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 19. B M H. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to Page 11 of 13 which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party Is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 20. CHOICE OF LAW. This Agreement shall be Interpreted, applied and enforced In accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 21. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and In all other respects this Agreement shall remain valid and fully enforceable. 22. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness - - - - - -- - Witness Page 12 of 13 COMMONWEALTH OF PENNSYLVANIA ( SS.. COUNTY OF CUMBERLAND } On this, the 2 day of 2008, before me, the undersigned officer, personally appeared J EPH P. FERRARI known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. :? . . SK- MC ?jyy A.l:.K ?sy1u COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND } On this, the o- day of 2008, before me, the undersigned officer, personally appeared ELIZABETH B. BERTRAM known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN. WITNESS WHEREOF, I hereunto set my hand and official seal. -CII:Q A -n I,?7 My Co fission Expires: ' Nt7TAAlAI $EA! ' AMY M. HMKM, NOTARY KOM . U M M BORQ, CUMBERLAND COU COMMiS M EMM FM 4, 200 . Page 13 of 13 I t i 4 EXK?B?T i ' t PROPERTY SETTLEMENT AGREEMENT F IS AGREEMENT, made this ?-? day of 200 Is by and between: e4l 70SEPH P. FERRARI of Camp Hill, Pennsylvania, hereinafter referred to as "Husband"; and ELIZABETH B. BERTRAM, formerly Elizabeth B. Ferrari of Camp Hill, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 31 March 1984 and are the parents of two children, Elizabeth Clare Ferrari, born 10 January 1989 and now legally emancipated and Kenneth Andrew Ferrari, born 13 December 1991: (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 06-6301 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by James A. Miller, Esquire, have each exchanged full and complete Information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and Page 1 of 13 WHEREAS, the parties hereto have mutually entered Into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending-to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant,- promise, and agree as follows: 1. CUSTODY. The parties have previously arranged for the legal and physical custody of their son and this Agreement shall not make further disposition of those rights, claims or obligations. Each of the parties reserves onto themselves all of their rights, claims, and obligations regarding custody of their child. 2. CHILD SUPPORT. Husband and Wife are parties to an action pending before the Court of Common Pleas of Curneberland County, Pennsylvania, for.the support of their son Kenneth, which action Is filed to No. 178 S 2007 (PACSES No. 393109011), and in which case there has been an order entered obligating Husband to pay Wife, through the Domestic Relations System, support for the child. The parties-agree that their claims for the support of their son shall be resolved by that case and the orders entered and amended In that case hereafter. Accordingly, this Agreement makes no further disposition of any claims regarding child support and the parties reserve all of their rights, claims and obligations -regarding the support of their child. 3. FORMER MARITAL RESIDENCE. The parties acknowledge that, since their separation, they sold the former marital residence at 495 North 25th Street In Camp Hill, Page 2 of 13 Pennsylvania, made partial division or distribution of the proceeds, and that the remaining proceeds from the sale remain in an escrow account with Fulton Bank, Account No. 9904- 36287 held for the benefit of the parties by their attorneys, which account contains approximately $40,000.00. The parties agree that they shall divide the funds held in that escrow account equally and hereby authorize and direct Husband's attorney to distribute the funds In the account, In equal shares to each of the parties, immediately upon the execution of this Agreement. 4. RETIREMENT ACCOUNTS. Husband represents that the only retirement assets he earned or accrued during the marriage that have not previously been disclosed to Wife and liquidated by the parties, are the balance in his Lucent Savings Plan (currently held in an account with Fidelity Investments which has a balance of approximately $28,000.00) and the balance In his Kaval Retirement Plan (which has a balance of approximately $2,800.00). The parties agree that they shall divide those equally so that Wife receives, in the form of a tax-free rollover from Husband's Lucent Savings Plan/Fidelity account, an amount equal to one half of the balance in both accounts as of the date of division and distribution. Husband's attorney will be responsible to prepare and obtain the entry and implementation of that order. If there is a filing fee payable to the court for the entry of the order, the parties will share that filing fee. 5. JOINT TAX RETURN FOR 2005. Husband filed an individual tax return for 2005 and Wife has not as yet flied a return for that year. The parties agree that they shall file a joint tax return for 2005, and an amended return If necessary, and share equally any refund and the cost of preparing such return. The parties agree that they shall cooperate with each other and with the accountant to prepare and file the return as promptly as possible after the date of this Agreement. 6. ENGAGEMENT RING. The parties have agreed to sell the engagement ring Husband gave to Wife prior to marriage and they have placed it with Line & Line Jewelers Page 3 of 13 in Carlisle, Pennsylvania, for sale on consignment. The parties agree that the ring, or the diamond in It, should be sold for the highest price which the parties can obtain in the near future and that the net proceeds of any sale will be divided equally between them. The parties agree to cooperate with each other and Line & Une Jewelers to effect such sale and further agree that, if the ring Is not sold within a reasonable time, the parties may place the ring for sale with another jeweler or make other arrangements for Its sale. 7. A_ UMONY PENDENTE LITE AND ALIMONY. Husband is obligated to pay Wife alimony pendente Ilte pursuant to an order entered in the divorce action between the parties and to PACSES No. 475109005. The parties agree that the terms and provisions of that APL order shall remain in full force and effect until 1 March 2008, at which time Husband shall pay Wife alimony as follows: A. The amount of alimony shall be $350.00 per month and shall be payable on the 13t day of each month. The amount of alimony shall be subject to modification in accordance with Sub-Paragraph C hereof. B. The term of the alimony shall continue until the first of the following events to occur: (1) death of Husband; (2) death of Wife; (3) Wife's remarriage; (4) Wife's cohabitation, as that term is defined by the Law of the Commonwealth of Pennsylvania; (5) termination in accordance with the. terms in Sub-Paragraph C hereof. C. Four years after the date of the commencement of alimony, the term and the amount of alimony shall be subject to modification or termination, If Wife's income, calculated and determined in accordance with the laws of the Commonwealth of Pennsylvania then in effect, exceeds $100,000.00 per year before taxes, or if Husband's income, calculated and determined In accordance with the laws of the Commonwealth of Pennsylvania then in effect, is less than $100,000.00 or more than $200,000.00. The parties agree that they shall, in the first-quarter of 2012, exchange tax returns, both personal and business, for tax year 2011 so that Page 4 of 13 each of the parties can calculate whether modification or termination of the order is appropriate and the parties will then, privately or through counsel, negotiate an appropriate modification or termination of the alimony order. In the event that the parties cannot agree upon the modification or termination of the order, either party may then petition the Court of Common Pleas of Cumberland County to modify or terminate the alimony order at that time. Otherwise, the terms and provisions of this Agreement relating to alimony shall not be subject to modification by any court or tribunal. D. The administration of this alimony order shall be made through the Domestic Relations Office of Cumberland County, Pennsylvania, and the parties agree that they shall have prepared and entered an order Incorporating the terms of this Paragraph so that the Domestic Relations Office may administer the order and collect and forward payments pursuant to the order. E. The payments made by Husband to Wife pursuant to this Paragraph shall be treated by both parties as alimony for income tax purposes. The parties agree that they shall cooperate with each other, their attorneys, and the Domestic Relations Office, to promptly implement and comply with the terms and . provisions of this Paragraph and any order entered pursuant to the terms and provisions of this Paragraph. 8. MOTOR VEHICLES, The parties agree that they will divide, distribute, and otherwise dispose of the motor vehicles owned by them, and any debt associated with those vehicles, as follows: A. Husband shall retain the 2000 Jeep Grand Cherokee or the proceeds of its disposition, now in his possession. Wife waives and releases any interest in or claim to said automobile currently in Husband's possession. Page 5 of 13 B. Husband shall retain the 2003 Uncoln automobile or the :proceeds of its disposition, now in his possession. Wife waives and releases any interest in or claim to said automobile currently In Husband's possession. C. The parties acknowledge that they own a 1998 Volkswagen automobile in Wife's name which is for the benefit of their daughter. Husband waives any claim to that vehicle and the parties agree that it will continue to be held for the use of their daughter. The parties will make, execute, acknowledge, and deliver any and all documents necessary to accomplish the transfer or waiver of ownership In the motor vehicles as set forth herein. Each of the--parties shall be responsible to pay any and all debts, expenses, or other obligations arising out of their ownership or operation of said motor vehicles and shall indemnify and save the other harmless from any loss, cost, or expense caused to them by their failure to do so. 9. DEBTS. The parties shall pay and dispose of their marital debts, as follows: A. Wife shall be responsible to pay and satisfy, in accordance with its terms, the Chase credit card issued and held in her name alone. She shall pay that debt in accordance with Its terms and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. B. Husband shall pay the credit cards Issued in his name alone including three. Capitol One credit cards (Identified as Account Nos. 3688, 3476, and 5309) the BJ credit account, the AAA credit card or credit account, the Home Depot credit account, the WMU credit account, and the CC credit account, all of which Husband represents are In his name and which he acknowledges to have been used, at least partly, for the operation of his business. He shall pay that debt In accordance with its terms and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to do so. Page 6 of 13 Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any-debts Iin the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of.the parties` separation. Both parties hereto mutually agree and promise that neither will contract or otherwise Incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 10. WIDE SCREEN TELEVISION. The parties acknowledge that Husband purchased a wide screen television shortly before separation and mistakenly charged It on Wife's credit card. Husband shall retrieve the television from Wife's possession and it will be his sole and separate property hereafter. In consideration for Husband receiving the television, he shall pay Wife the additional sum of $3,000.00. That payment will be made from his s-share of the proceeds of the sale of the former marital residence, at the time those proceeds are divided in accordance with Paragraph 3 hereof. 11. PERSONAL PROPERTY.. Except for the wide screen television provided for in Paragraph 10 above, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto,'and this agreement shall have the effect of an assignment or receipt from each parry to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement: Page 7 of 13 12. WAIVER OF EQUITABLE DIS'T'RIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest In assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 13. WAIVER OF FURTHER CLAIMS FOR SPOUSAL SUPPORT, ALIMONY, OR AUMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for In this Property Settlement Agreement, upon the Income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder In lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, Page 8 of 13 during the pendency of or as a result-of any such actions, as provided by the Divorce Code of. Pennsylvania or any other applicable statute, at this time and at any time In the future. 14. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate Intestate rights in the estate of Wife and Wife releases her inchoate intestate rights In the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise; release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and Imposed by reason of this agreement and shall In no way affect any cause of action In absolute divorce which either party may have against the other. 15. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share In the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this. Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take In intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all Instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. Page 9 of 13 16. DISCLOSURE. Husband has represented to Wife that, during the marriage, he liquidated most of the parties' financial assets and, expended the proceeds of those assets to support the family, pay various family obligations, and otherwise preserve marital assets, during the periods of time when he was not employed or was starting his business. Husband represents to Wife, and assures her, that all of the Information he has provided regarding those assets is complete and accurate. Beyond that, both of the parties hereto represent to the other that they have. made full disclosure of the assets and Income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as It relates-to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 17. CONCLUSION OF DIVORCE. The patties acknowledge that this agreement is made In contemplation of the conclusion by both of them of an action In divorce which has been filed by Wife to No. 06-6301 Civil Term before the.Court of Common Pleas of Cumberland County, Pennsylvania. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their Page 20 of 13 respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree and that they shall instruct their attorneys to file those documents with the Prothonotary's Office as promptly as possible so as to conclude the divorce as promptly as possible and, If possible, by 1 March 2008. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, Including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 18. RELEASE. The parties acknowledge that the purpose of this agreement Is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date. of this agreement until such obligations are fully performed. 19. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action In law or in equity or to take any other action to Page 11 of 13 which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 20. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 21. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in ail other respects this Agreement shall remain valid and fully enforceable. 22. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness Witness Page 12 of 13 { i COMMONWEALTH OF PENNSYLVANIA ( SS.: COUNTY OF CUMBERLAND ) On this, the 2 day of . 2008, before me, the undersigned officer, personally appeared J EPH P. FERRARI known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. W A, 10154 HOW&k* CX11;iiipol,30% ii 30 elm COMMONWEALTH OF PENNSYLVANIA ( SS.. COUNTY OF CUMBERLAND ) On this, the _1?*- day of 2008, before me, the undersigned officer, personally appeared ELIZABET14 B. BERTRAM known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN. WITNESS WHEREOF, I hereunto set my hand and official seal. My Co isslon Expires: . ?wrate?sea? " AMY M. TWIG % NOTARY PUBLIC LFMOYNE BORO., CUMBERUM CO Jff COMMISSION EXPIRES F®. a, 2009' Page 13 of 13 i r c -(f ? ZJ • y ELIZABETH BERTRAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT JOSEPH P. FERRARI, Defendant ************** ELIZABETH BERTRAM, Plaintiff V. JOSEPH P. FERRARI, Defendant IN RE: SUPPORT 06-6301 CV PACSES NO. 475109005 ORDER OF COURT AND NOW, this 25th day of July, 2008, upon consideration of the Defendant's application for the assignment of counsel, the Public Defender is appointed to represent the Defendant. By the Court, Derek R. Clepper, Esquire For D.R.O. Michael Halkias, Esquire Assistant Public Defender For the Defendant pcb NO. 178 SUPPORT 2007 PACSES NO. 393109011 ************************* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPOn7 J. 7esley Ol r, Jr., J. 7) 1.6 C3 d+ C:)? c v un 2 ?? c3' go , t ELIZABETH BERTRAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT JOSEPH P. FERRARI, NO. 178 SUPPORT 2007 Defendant PACSES NO. 393109011 ELIZABETH BERTRAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH P. FERRARI, Defendant IN RE: SUPPORT DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORTe 06-6301 CV PACSES NO. 475109005 ORDER OF COURT N AND NOW, this 25th day of July, 2008, the De`f'endant, Joseph P. Ferrari, now appearing in court at Nos. 178 Support 2007 and 06-6301 Civil Term, with the Public Defender, Michael Halkias, Esquire, on a Petition for Contempt and pursuant to an agreement reached between Plaintiffs counsel in the person of Derek R. Clepper, Esquire, and Defendant and his counsel, adjudication and disposition are deferred until Friday, September 5, 2008, at 9:00 a.m. at which time the Defendant is directed to appear without further order of Court. The conditions of this deferment are that the Defendant make the payments required under the order in full on a timely basis in the interim. Derek R. Clepper, Esquire For D.R.O. Michael Halkias, Esquire UN ]KILN Ww% Assistant Public Defender For the Defendant pcb if / By the Court, cw cy, c -v i AUG 0 6 2008 ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff vs. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this day of _ A v i , 2008, upon consideration of Plaintiff's Petition for Enforcement and Contempt of Alimony Order, we hereby order and decree as follows: A Rule is hereby issued upon the Defendant Joseph P. Ferrari to show cause, if any he has, why the relief requested in the attached Petition should not be granted, said Rule to be returnable by written Answer within -L a days of date of service of a copy of this Order upon Defendant's counsel of record; and 2. A hearing is hereby scheduled, to be held before the undersigned, on Plairtiff's Petition and Defendant's Answer, on the day of 2008, in Court Room No. -L of the Cumberland County Courthouse, commencing at ' 2e) o'clock Q.m. BY THE COURT, Distribution: Xamuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12*' Street, P.O. Box 168, Lemoyne, PA 17043 ,./ames A. Miller, Esquire (Attorney for Defendant) 765 Poplar Church Road, Camp Hill, PA 17011 40 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ELIZABETH BERTRAM vs. JOSEPH P. FERRARI Plaintiff Defendant AND NOW to wit, this that: Docket Number PACSES Case Number ) Other State ID Number Order 06-6301 CV 475109005 AUGUST 29, 2008 it is hereby Ordered the contempt petition filed may 9, 2008, is dismissed. BY THE COURT: AUGUST 29, 2008 Date Service Type m %r V"%yn Form OE-001 Rev. I Worker ID 21600 ? + ?. ??a"' ' T ; ? +-y? f .. ... - . .? ,.. Xp j i f...i 1- , -.w.w . .. ?-.?.,: _ ? ? ' ,ff '? fy'r. ,.G*'? F.?„7 °-t a ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff V. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM ORDER OF COURT AND NOW, this 9t' day of September, 2008, upon consideration of the attached letter from Samuel L. Andes, Esq., attorney for Plaintiff, the hearing previously scheduled for September 5, 2008, is hereby CONTINUED GENERALLY. THIS MOTION will be deemed automatically dismissed is it not rescheduled within three months of the date of this order. ? Samuel L. Andes, Esq. 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff ? James A. Miller, Esq. 765 Poplar Church Road Camp Hill, PA 17011 Attorney for Defendant rc cop i'r?s m?tl?l? q?ro?oS BY THE COURT, J Wesley Ol Jr., . 01, 5EP-04-2008(THU) 09:59 Samuel Andes, Esq. (FRX)717 761 1435 P.001/001 V. MATUNO ADDREN-V R O. DOX 100 7-MMOYMR. PA 1704.4-0108 3 -1[A=, L.dwMGe?peol.com SAMUEL L. ANDES ATTORNEY AT L&W X25 NoferU TWILL& IL STRIMT P. O• I:IOX I(Al LEMOYNE. PENNSYLVANIA 1704,'1 4 September 2008 sent by fax & regular mail The Honorable J. Wesley Oler Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Elizabeth B. Bertram, formerly Elizabeth B. Ferrari vs. Joseph P. Ferrari No. 2006-6301 Dear Mudge Oler: T2=F UOxn (717) 701-6301 SAX (717) 701-10.75 You have scheduled a hearing for tomorrow morning on the petition I filed to enforce the alimony order entered in the above case. I am happy to report that the parties have resolved this matter between themselves and that the hearing will not be necessary. I write to request that the hearing be continued generally to be rescheduled upon the request of either party in the event of a future dispute. Thank you for your attention to this matter. Sincerely, amh Samuel L. Andes cc: James A. Miller, Esquire (via fax) Ms. Elizabeth Bertram 06-6301 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 10/17/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SOCIAL SECURITY ADMINISTRATION STE 1 200 S SPRING GARDEN ST CARLISLE PA 17013-2578 009-30-6103 Employee/Obligor's Social Security Number 0057101796 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 425.00 $ 0.00 $ 0.00 $ 0.00 $ 350.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? ® yes 0 no one-time lump sum payment for a total of $ 775.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 178.85 per weekly pay period. $ 387.50 per semimonthly pay period (twice a month) $ 357.69- per biweekly pay period (every two weeks) $ 775.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOC,?AL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. / . ?/ BY THE COURT: J. Weailey vier, Jr., OOriginal Order/Notice 393109011 (DAmended Order/Notice 178 S 2007 0Terminate Order/Notice QOne-Time Lump Sum/Notice RE: FERRARI, JOSEPH P. Employee/Obligor's Name (Last, First, MI) 0 -) n V Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS 0 Ifghecke?l you are required to provide a?opy of this form to your m loyee. If yo r employee works in a state that is di Brent rrom the state that issued this order, a copy must be proviSea to your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: if there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 8384100092 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 13 EMPLOYEE'S/OBLIGOR'S NAME: FERRARI, JOSEPH P. EMPLOYEE'S CASE IDENTIFIER: 0057101796 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $OINC ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: FERRARI, JOSEPH P. PACSES Case Number 393109011 Plaintiff Name ELIZABETH BERTRAM Docket Attachment Amount 00178 S 2007 $ 425.00 Child(ren)'s Name(s): DOB KENNETH A. FERRARI 12/13/91 PACSES Case Number 475109005 Plaintiff Name ELIZABETH BERTRAM Docket Attachment Amount 06-6301 CV $ 350.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum Form EN-028 Rev. 4 OMB No.: 097M 154 Worker ID $OINC Gxs `e ) _ R } -r- W ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/01/09 Case Number (See Addendum for case summary) EmployerAVithholder's Federal EIN Number SOCIAL SECURITY ADMINISTRATION STE 1 200 S SPRING GARDEN ST CARLISLE PA 17013-2578 06-6301 CIVIL OOriginal Order/Notice OAmended Order/Notice 0Terminate Order/Notice QOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 009-30-6103 Employee/Obligor's Social Security Number 0057101796 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 425.00 $ 150.00 $ 0.00 $ 0.00 $ 350.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment Arrears 12 weeks or greater? Q yes Q no for a total of $ 925.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 212.88 per weekly pay period. $ 462.50 per semimonthly pay period (twice a month) $ 425 .75 per biweekly pay period (every two weeks) $ 925.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. /J' BY THE COURT: DRO: R. J. Service Type m v OMB No.: 0970-0154 393109011 178 S 2007 RE: FERRARI, JOSEPH P. Wesley Oler, Jr., Form EN-028 Rev. 4 Worker ID $OINC! ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hhecke you are required, to provide a?opy of this form to your?mployee. If yo?r employee works in a state that is di Brent rom the state that issued this or er, a copy must be provi ed to your emp oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 8384100092 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: FERRARI, JOSEPH P. EMPLOYEE'S CASE IDENTIFIER: 0057101796 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $OINC PACSES Case Number 393109011 Plaintiff Name ELIZ- A H BERTRAM Docket Attachment Amount 00178 S 2007 $ Child(ren)'s Name(s): 575.00 KENNETH A. FERRARI DOB 12/13/91 PACSES Case Number Plainti-- iff Name Docket Attachment Amount Child(ren)'s Name(s): o • 00 DOB PACSES Case Number Plaintiff Name Docket Attachment Amount Child(ren)'s Name(s): o • 00 DOB ADDENDUM Summary of Cases on Attarti..,e Defendant/Obligor: FERRARI •..•"'? JOSEPH P. PACKS Case Number 475109005 Plaintiff Name ELl A: EZ•g BERTRAM Docket Attachment Amount 06-6301 CV $ 350.00 Child(ren)'s Name(s): DOB PACSES Case Number Plainti-me Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Do-cket Attachment Amount Child(ren)'s Name(s): o • 00 DOB Service Type t„I Addendum Form EN-028 Rev. 4 OMB No.: 0970_0154 Worker ID $OINC i:...., t..-..9 ??" ) tia t " t t _, , ..._ i... .... ?,...':' ? i i it ? - i f _1 ? .? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 06-6301 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 393109011 OAmended Order/Notice 178 S 2007 Date of Order/Notice 05/05/10 O Terminate Order/Notice Case Number (See Addendum for case summary) (: ne Time Lump Sum/Notice RE: FERRARI, JOSEPH P. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) SOCIAL SECURITY ADMINISTRATION 200 S SPRING GARDEN ST CARLISLE PA 17013 009-30-6103 Employee//Obligor's Social Security Number 0057101796 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mi) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Dyes (R)no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support o o+t $ 350.00 per month in current spousal support $ o . o o per month in past-due spousal support $ o . oo per month for genetic test costs $ o. oo per month in other (specify) . ff . $ one-time lump sum payment C.? for a total of $ 3 5 0.0 0 per month to be forwarded to payee below.t You do not have to vary your pay cycle to be in compliance with the support order. If your pay cyciPdoetbt rAch the ordered support payment cycle, use the following.to determine- how much to withhold: $ 80.55 per weekly pay period. $ 175.00 per semimonthly pay period (twice a month) $ 161.10 per biweekly pay period (every two weeks) $ 350.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. 9 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 NAMEAND THE PACSES MEMBER ID (shown above asAeFEmployee/Obfter's Case Identifier) SO L SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT'SEND CASH BY MAIL... - - BY THE COURT: DROs R. J. Shadday Service Type M v/ D J. 1 6kUy Ole-r, : Jr. , Judge f Form EN-028 Rev.5 oMS No.: 097"154 Worker I D $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS 0 If hecke? you are required tso prQvitie a?opy of this form to your m loyee. If your employee %rks in a state tha.Vs ?i event rom the state that rssu this o er, a copy must be providedoto your employee even if t e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: if there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2197100277 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: FERRARI, JOSEPH P. EMPLOYEE'S CASE IDENTIFIER: 0057101796 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, :pontact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state. pa,us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FERRARI, JOSEPH P. PACSES Case Number 475109005 Plaintiff Name ELIZABETH BERTRAM Docket Attachment Amount 06-6301 CV $ 350.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No,: 0970-01 S4 Form EN-028: Rev.5 Worker ID $OINC ELIZABETH B. BERTRAM, f/k/a/ ELIZABETH B. FERRARI, Plaintiff/Petitioner V. JOSEPH P. FERRARI, Defendant/Respondent 0001lowww IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2006-6301 CIVIL TERM IN RE: PLAINTIFF'S PETITION TO ENFORCE TERMS OF PROPERTY SETTLEMENT AGREEMENT RULE TO SHOW CAUSE AND NOW, this I? day of March, 2012, upon consideration of Plaintiff's Petition to Enforce Terms of Property Settlement Agreement, a Rule is issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within twenty days from the date of service. Placey Distribution List: V Samuel L. Andes, Esq. 525 North 12"' Street P.O. Box 168 Lemoyne, PA 17043 For Plaintiff/Petitioner V James A. Miller, Esq. 4 South 17th Street Camp Hill, PA 17011 For Defendant/Respondent ti/ Joseph P. Ferrari 2 Peters Lane West Rutland, VT 15777 Defendant/Respondent ?;es ma l e d 31is"lo ?) Aea C.P.J. C"7 C-- -,- . rri cn ? -c 5, n ?a :t cn 4...t r? d 7312 AP -I AM 10: ! PENT NSYl_YAH11 , ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOSEPH P. FERRARI, Defendant CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to schedule a hearing on her Petition to Enforce the parties' Property Settlement Agreement, based upon the following: 1. The moving party herein is the Plaintiff. The responding parry herein is the Defendant. 2. In March of 2012, Plaintiff filed a Petition to Enforce the terms of the parties' Property Settlement Agreement, specifically requesting that the court compel Defendant to divide his retirement accounts and to pay attorneys fees. 3. The court issued a Rule to Show Cause on Plaintiff's Petition. That Rule was duly served upon the Defendant. 4. Thereafter, the Defendant communicated directly with the court, which returned his communications. Plaintiff believes that Defendant has since filed some communication with the Prothonotary. 5. Defendant has paid Plaintiff a portion of what he owes her in response to Plaintiff's Petition. He has not, however, paid all that he owes and he has not provided her with documentation from which she can determine what she is entitled to receive at this time under the terms of the parties Property Settlement Agreement. Defendant has also not paid any of Plaintiff's attorneys fees. 6. The last order in this matter was signed by the Honorable Thomas A. Placey. 7. Defendant does not concur in the relief requested in Plaintiff's Petition or in this Motion. Samuel L. Andes, squire Attorney for Plaintiff Supreme Court ID # 17225 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document herein by regular mail, postage prepaid, addressed as follows: Mr. Joseph P. Ferrari 2 Peters Lane West Rutland, VT 15777 r Date: 2012 N Amy . Harkins Secretary for Samuel L. Andes d Elizabeth B Ferrari, IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. NO.: 06-6301 Civil Term Joseph P Ferrari, CIVIL ACTION - LAW Defendant DIVORCE ORDER S-rt? AND NOW this day of 2012, upon review and consideration of the foregoing PETITION OF DEFENDANT'S COUNSEL K FOR LEAVE TO WIT DRAWAL, PLA??TIFF'S COUNSEL'S CERTIFICATE OF A??'sih ?at...rQCo,ncucauc,.... CONCURRENC E and ' A4areh49-,m-*+*, filed to the herein docket, it is hereby: ORDERED AND DECREED that leave is granted to James A Miller, Esquire and MILLER LIPSITT LLC. THE COURT, ..V.¦ Sr" / " ' ? VJVy Comm n Pleas Judge D' ribution: -7 Joseph P Ferrari 2 Peters Lane, West Rutland, VT 15777 07 r*1 -j Counsel for Plaintiff: Samuel L Andes Esquire y , o 525 N 12" St T ?? A Lemoyne PA 17043 C- '.0 James A Miller, Esquire, Miller Lipsitt LLC 4 S 17th St, Camp Hill PA 17011 w _3 ?' Coma ?d? viK/ Al) S ?i? Elizabeth B Ferrari, Plaintiff V. Joseph P Ferrari, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO.: 06-6301 Civil Term CIVIL ACTION - LAW DIVORCE PRAECIPE CA Please enter the appearance Joseph P Ferrari, Pro Se.1 - , Date: 3 Z.: J6se Ferri eters Lane West Rutland, VT 15777 Please enter the appearance of Miller Lipsitt, LLC and James A. Miller, Esquire, as counsel for Defendant as withdrawn in the above matter. Dated: 2 L'7 .tL James filler, Esquire R LIPSITT LLC 4 South 17th Street Camp Hill, PA 17011 (717) 737-6400 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing Praecipe was served via first-class, postage-prepaid, United States mail upon the following: Counsel for Plaintiff: Samuel L Andes Esquire 525 N 12th St Lemoyne PA 17043 _'2012 Joseph P Ferrari p ELIZABETH B. BERTRAM, formerly ) IN THE COURT OF COMMON PLEAS ELIZABETH B. FERRARI ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA vs. ) CIVIL ACTION - LAW a , NO. 06-6301 CIVIL TE -j ' JOSEPH P. FERRARI - Defendant ) IN DIVORCE : f _, DEFENDANT'S RESPONSE TO THE COURT'S RULE TO SHOW CAUSE MARCH 26, 2012 NOW COMES the Defendant, Joseph P. Ferrari, making answer to the Court's Rule to Show Cause dated March 14, 2012 as follows: 1. After the signing of the settlement agreement, James Miller, the Defendant's Attorney of Record at that time, started the process of executing a Qualified Domestic Relations Order. The Defendant understands that there were errors in the document and it was never processed. 2. The Plaintiff and the Defendant agreed that they would handle the distribution of the funds on their own without the expense of the preparation of a Qualified Domestic Relations Order. 3. The Plaintiff instructed the Defendant to leave her half of the funds in the retirement accounts, which the Defendant did. The Defendant withdrew his half of the funds from the Fidelity account. 4. Months passed. The Plaintiff then asked the Defendant to start processing her withdrawals. 5. The Plaintiff and the Defendant, together, agreed that the Defendant would send partial checks directly to Ken and Clare, their children, and the remainder to her, the Plaintiff. 6. The Plaintiff then changed her mind and told the Defendant to send all of the money all to her. This placed the Defendant in a difficult position with his children because he had already told the children that the money was coming to them. Although, by that time, the Defendant had received the funds, he needed to let children know of the dilemma he had with the money he had promised them. 7. The Plaintiff asked me to send her the Fidelity paperwork. The Defendant sent the complete file in a packet to her the Plaintiff. The account is now closed. 8. During this time, The Defendant was in the process of relocating. The processing of the remainder of the funds was temporarily delayed. The Defendant apologizes for this delay. 9. Once relocated, the Defendant renewed his efforts to the complete withdrawal from the Kaval Retirement Plan. The Defendant had deposited the Fidelity funds in an account from his old location in New Hampshire. 10. Concurrently, the Defendant made many attempts to withdraw the Kaval funds to enable him to forward to her. The difficulty surrounds in the fact that the 401 K that they are holding originally was being managed by the HR individual of a former employer, Susan Sanderson of Kaval Wireless. That company is no longer in business. So the person that can release the funds is no longer available. The Defendant has had numerous correspondences with ADP, the Company managing the funds, about releasing these funds. At each contact, ADP informed the Defendant was to complete a Government form to release the funds. The Defendant was told they would send the form to me. The Defendant has yet to receive this form. 11. The Plaintiff, at this point, began to get impatient. So the Defendant sent checks as he had originally planned part to the children and part to the Plaintiff. The Defendant told the children that, although the funds had been sent to them, all the money was being managed by their mother. The Defendant informed the Plaintiff that he had made a valiant effort to secure the ADP funds. Not understanding what the Defendant's attempts to get funds released, she became infuriated. The defendant informed the Plaintiff he would send the paperwork to her, per her request, to pick up the effort where he had left off. 12. Weeks have passed, and the checks have not been cashed. The Defendant's daughter informed the Defendant that the Plaintiff was not cashing them until she received the rest of the paperwork which had been temporarily misplaced during the Defendant's relocation. 13. In the interim, the Defendant had been unable to properly manage the bank account where the funds are located as there is no nearby office for that bank within 100 miles. With monthly bank charges accruing, the balances had fallen below the amount of the checks. The Defendant asked his Daughter Clare to tell the Plaintiff not to cash the checks until the Defendant could correct the problem. If Plaintiff had cashed the checks when the Defendant had sent them, this problem with these funds would not have existed. The checks have never been dishonored, as you have alluded. They simply have never been presented. 14. On March 9, 2012, the Defendant, via certified mail (copy of receipt enclosed), sent a packet to the Plaintiff and Copied the Plaintiff's attorney, Mr. Andes. The packet included the following: • Money Orders for the amount from Fidelity that we had agree on. • The ADP statements where the remainder of the money is located that I have a yet been able to secure. • A copy of the correspondence sent to the Plaintiff's attorney, Mr. Andes. As this writing, all terms of the Property Settlement Agreement, have been fulfilled. The Defendant has offered to sign any forms to enable the withdrawal. For this reasons it is respectfully requested that the Court dismiss this matter. Respectfully submitted, Joseph P. Ferrari ¦ 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 hack of the maiipiece, or on the front if space permits. 1. Article Addr ssed to: f l 2. Article Number (Transfer from service label) 'S Form 3811, February 2004 7011 2970 B. Reset' by ? pn+n -ressee C. Date of Delivery D. del ,3- [Z -( 2 Nwy address different fiom-Item 1? 0 Yes H YES, enter delivery address below: 0 No 3. Seryke Type ®/COFUfled M il a 0 Express Mail 0 Return Receipt for Mer h 01 l c andise CI C.O.D. 4. Restricted Delivery? (Ext, Feel 13 Yes 0002 4133 6684 Domestic Return Receipt 102595.02-M-1540 CT ?J ` 'J Elizabeth B Ferrari, IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. NO.: 06-6301 Civil Term Joseph P Ferrari, CIVIL ACTION - LAW Defendant DIVORCE CERTIFICATE OF CONCURRENCE I, Joseph P Ferrari, agree that James A Miller, Esquire and Miller Lipsitt LLC should be allowed to withdraw as my counsel in the above-referenced matter. F /G D tte rn rYJ :M. . ... Y.Q " `.- c: a? ? , . ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff VS. JOSEPH P. FERRARI, Defendant 2:2l :1 1C ! 77 = t IN THE COURT CO ON PLEAS OF CUMBEX,Ai'?TD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this _ day of Pu, Zv r2-- , 2012, upon consideration of Plaintiff's Motion for Hearing, a hearinAiss ereby scheduled on Plaintiff's Petition to Enforce, to be held before the undersigned in Court Room No. ?O of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at , on the day of 2012. BY THE COURT, J. Thomas A. Pia e Distribution. Common Pleas ludqe ? Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12'' Street, P.O. Box 168, Lemoyne, PA 17043 Mr. Joseph P. Ferrari (pro se) 2 Peters Lane, West Rutland, VT 15777 CoP l es m&.'I Pd 411/p- ;Lt "'lli'I~I R0 T 20 12 APP -4 AM 10: 1 !?. CUMBERLAND CGIUN I,- PENNSYLVANIA ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff VS. JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6301 CIVIL TERM IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to schedule a hearing on her Petition to Enforce the parties' Property Settlement Agreement, based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. In March of 2012, Plaintiff filed a Petition to Enforce the terms of the parties' Property Settlement Agreement, specifically requesting that the court compel Defendant to divide his retirement accounts and to pay attorneys fees. 3. The court issued a Rule to Show Cause on Plaintiff's Petition. That Rule was duly served upon the Defendant. 4. Thereafter, the Defendant communicated directly with the court, which returned his communications. Plaintiff believes that Defendant has since filed some communication with the Prothonotary. 5. Defendant has paid Plaintiff a portion of what he owes her in response to Plaintiff's Petition. He has not, however, paid all that he owes and he has not provided her with documentation from which she can determine what she is entitled to receive at this time under the terms of the parties Property Settlement Agreement. Defendant has also not paid any of Plaintiff's attorneys fees. 6. The last order in this matter was signed by the Honorable Thomas A. Placey. 7. Defendant does not concur in the relief requested in Plaintiffs Petition or in this Motion. Samuel L. Andes, Qui Attorney for Plaintiff Supreme Court ID # 17225 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document herein by regular mail, postage prepaid, addressed as follows: Mr. Joseph P. Ferrari 2 Peters Lane West Rutland, VT 15777 l Date: 2012 fit- Amy %f Harkins Secretary for Samuel L. Andes ELIZABETH B.BERTRAM, formerly ) IN THE COURT OF COMMON PLEAS ELIZABETH B.FERRARI ) OF CUMBERLAND COUNTY, Plaintiff/Respondent ) PENNSYLVANIA VS. } CIVIL ACTION—LAW NO.06-6301 JOSEPH P.FERRARI } Defendant/Petitioner ) IN DIVORCE PETITION FOR TERA"ATION OF AN ALIMONY OR D" I. The petition of Defendant respectfully represents that a Property Settlement Agreement was made on February 27, 2008, signed and sealed on February 28, 2008, is and between the Defendant and the Plaintiff, a true and correct copy of the agreement is attached to this Petition. The terms of the alimony are stated on Page 4, Section 7, Sub-Paragraphs A, B and C of the agreement. 2. The Plaintiff has refused to honor and perform and has breached Page 4, Section 7, Sub-Paragraph C of the agreement which requests that the parties exchange tax returns for the tax year 2011. The Defendant has submitted his 2011 tax return as required; and 3. The parties cannot agree on modification or termination of the alimony order; and 4. Fourteen months has passed since Plaintiff was required to exchange her 2011 tax return. Multiple requests for her compliance have been ignored and; 5. During this time withholding of income from the Social Security Administration has continued. WHEREFORE, Petitioner requests that the Court terminate the existing alimony order and further requests reimbursement of$4,900 which equals the amount withheld during the peri d that the Plaintiff was in violation of-theagreemen Date Yett toner -0 r*sr Encs: 2011 Federal Return oseph P. Ferrari Property Settlement Agreement , y C__ I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. y r3 � Date n ner Joseph P. Ferrari ELIZABETH B.B$RTRAM,formerly ) IN THE CgkaT OF COMMON PLEAS ELIZABETH B.FERRARI ) OF CUMBEOL.AND COUNTY, Plaintiff/Respondent ) PENNSYLVANIA VS. ) CIVIL AC'T'ION—LAW NO. 06-6301 JOSEPH P.FERRARI ) Defendant/Petitioner ) IN DIVORCE CERTIFICATE OF RVICE I, Joseph P. Ferrari, do hereby certify that I this day served a copy of the PETITION FOR TERMINATION OF AN ALIMONY ORDER u4n the following by first class mail, postage prepaid, addressed as follows: Elizabeth B. Bertram 2015 Harvard Avenue Camp Hill, Pennsylvania Date P er Joseph P. Ferrari 1{ i PROMM SET't1EMENT AGINUME JM i AGUEMMT, made thin 'L day of .... , F 200L is by and between: F 309M P. FERRARI of Camp Hilt, Pennsylvania, hereinafter referred to as "Husband"; and F i 1 EL.IMETH B. BERTRAM, fbrmeriy Elizabeth B. Ferrari of tramp Hill, Pennsylvania, hereinafter referred to as "Wife." { WITMEETH» r a WHEREAS,the parties hereto are Husband and Wife, having been married on 31 f 3 March 1984 and are the parents of two children, Elizabeth Clare Ferrari, born 10 January } 1989 and now legally emancipated and Kenneth Andrew Ferrari, born 13 December 1991: (hereinafter referred to as "children"); and VMERVAS, certain diflicultles have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has Initiated { an action In divorce filed to No. 06-6301 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; s WHEREAS, the parties hereto, Wife being represented by Samuel L Andes, Esquire, and Husband by James A. Miller, Esquire, have each exchanged full and complete 3 information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and 4 t Page 1 of 13 # 3I s • , 1 j� 1 WHEREAS, the parties hereto have mutually entered Into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the z resolution of their mutual differences, after both parties have had full and ample 4 opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. € E 3 NOW,THEREFORE, the parties hereto, In consideration of the above reds, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and Intending to be legally bound and to legally'bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as foilows: 1. CUSTODY. The parties have previously arranged for the legal and physical custody of their son and this Agreement shall not make further disposition of those rights, claims or obligations. Each of the parties reserves onto themselves all of their rights, claims, and obligations regarding custody of their child. } f f 2. CNIL&SUPP01M Husband and Wife are parties to an action pending betbre the Court of Common Pleas of Cumeberland County, Pennsylvania, for the support of their son Kenneth, which action is filed to No. 178 S 2007 (PACSES No. 393109011), and In which case there has been an order entered obligating Husband to pay Wife, through the Domestic Relations System, support for the child. The parties agree that their claims for the support of their son shall be resolved by that case and the orders entered and amended In that case hereafter. Accordingly,this Agreement makes no further disposition of any claims regarding child support and the parties reserve all of their rights, claims and obligations regarding the support of their child. 3. EMM MUNIML RMIDGKICE. The parties adcnowla'dge that, since their separation, they sold the former marital residence at 495 North 2V Street In Camp Hill, Page 2 of 13 s i4 }S 1 j� i • y F $ t Pennsylvania, made partial division or distribution of the proceeds, and that the remaining proceeds from the sale remain In an escrow account with Fulton Bank, Account No. 9904- 3628'7 held for the benefit of the parties by their attorneys, which account contains approximately$40,000.00. The parties agree that they shall divide the funds held In that escrow account equally and hereby authorize and direct Husband's attorney to distribute the funds In the account, In equal shares to each of the parties, Immediately upon the execution of this Agreement } 4. RMREPWff ALSO TS. Husband represents that the only retirement assets he earned or accrued during the marriage that have not previously been disclosed to Wife and liquidated by the parties, are the balance in his Lucent Savings Plan (currently held In an account with Fidelity Investments which has a balance of approximately I F $28,000.00) and the balance In his Kaval Retirement Plan (which has a balance of } approximately $2,800.00). The parties agree that they shall divide those equally so that Wife receives, in the form of a tax-free rollover from Husband's Lucent Savings Plan/Fldellty account, an amount equal to one half of the balance In both accounts as of the date of division and distribution. Husband's attorney will be responsible to prepare and obtain the entry and Implementation of that order. if there Is a filing fee payable to the court for the entry of the order, the parties will share that filing flee. f 5 S. TAX Ot t fOR 2008. Husband filed an Individual tax return for 2005 and Wife has not as yet filed a return for that year. The parties agree that they i shall file a joint tax return for 2005, and an amended return If necessary, and share wally an refund and the cost of preparing such return. The parties+�# Y g pa agree that they shall cooperate with each other and with the accountant to prepare and file the return as promptly as possible after the date of this Agreement. 6. MMWMW SING. The parties have agreed to sell the engagement ring Husband gave to Wife prior to marriage and they have placed it with Line&Line 3eweiem ` Page 3 of 23 3 s r t 1 Y 3 In Carlisle, Pennsylvania, for sale on consignment. The parties agree that the ring, or the diamond in it, should be soli for the highest price which the parties can obtain in the near i future and that the net proceeds of any sale will be divided equally between them. The ' parties agree to cooperate with each other and Line & Line Jewelers to effect such sale 3 and further agree that, If the ring is not sold within a reasonable time, the parties may place the ring for sale with another jeweler or make other arrangements for its sale. F. i 7. ALIMONY PENDUM LM AND ALI!!iIMY, Husband is obligated to pay Wife alimony-pendente iite pursuant to an order entered in the divorce action between the parties and to PACSES No. 475109005. The parties agree that the terms and provisions of that APL order shall remain in full force and effect until 1 March 2008, at which time f Husband shall pay Wife alimony as foilows: A. The amount of alimony shall be $350.00 per month and shall be E payable on the 1$t day of each month. The amount of alimony shall be F subject to modification In accordance with Sub-Paragraph C hereof. r B. The term of the alimony shall continue until the first of the f folkwiing events to occur: (1) death of Husband; (2) death of Wife; (3) Wife's remarriage; (4) Wife's cohabitation, as that term is defined by the Law of the Commonwealth of Pennsylvania; (5) termination In accordance with the. terms In Sub-Paragraph C hereof. } C. Four years after the date of the commencement of alimony, the term and the amount of alimony shall be subject to modification or termination, If Wife's Income, calculated and determined In accordance with the laws of the Commonwealth of Pennsylvania then in effect, exceeds } $100,000.00 per year before taxes, or if Husband's Income calculated and � determined In accordance with the laws of the Commonwealth of Pennsylvania then in effect, Is less than $100,000.00 or more than $200,000.00. The parties agree that they shall, In the first quarter of 2012, exchange tax returns, both personal and business, for tax year 2011 so that Page 4 of 13 t f i i yyyE 7 � each of the parties can calculate whether modification or termination of the order is appropriate and the parties will then, privately or through counsel, negotiate an appropriate modification or termination of the alimony order. In the event that the parties cannot agree upon the modiflcation or termination of the order, either party may then petition the Court of Common Pleas of t Cumberland County to modify or terminate the alimony order at that time. Otherwise, the terms and provisions of this Agreement relating to alimony shall not be subject to modification by any court or tribunal. D. The administration of this alimony order shall be made through the Domestic Relations Office of Cumberland County, Pennsylvania, and the parties agree that they shall have prepared and entered an order r Incorporating the terms of this Paragraph so that the Domestic Relations Office may administer the order and collect and forward payments pursuant to the order. E. The payments made by Husband to Wife pursuant to this Paragraph shall be treated by both parties as alimony for income tax pub. k The parties agree that they shall cooperate with each other, their attorneys, and the Domestic Relations Office, to promptly Implement and comply with the terms and f provisions of this Paragraph and any order entered pursuant to the terns and provisions of this Paragraph. f 8. MOTOR VOUCLEL The parties agree that they will divide, dbute, and otherwise dispose of the motor vehicles owned by them, and any debt associated with f { those vehicles, as follows: A. Husband shall retain the 2000 Jeep Grand Cherokee or the proceeds of its disposition, now in his possession. Wife waives and releases any Interest In or claim to said automobile currently In Husband's possession. I Page 5 of 13 t t I t f B. Husband shall retain the 2003 Uncoln automobile or the proceeds of its disposition, now in his possession. Wife waives and releases any Interest in or claim to said automobile currently in Husband's possession. C. The parties acknowledge that UW own a 1998 Volkswagen automobile in Wife's name which Is for the benefit of their daughter. Husband waives any claim to that vehicle and the parties agree that it will continue to be held for the use of their daughter. The parties will make, execute, acknowledge, and deliver any and all documents necessary to accomplish the transfer or waiver of ownership in the motor vehicles as set forth herein. Each of the-parties shall be responsible to pay any and all debts, expenses, or other obligations arising out of their ownership or operation of said motor vehicles and s shall Indemnify and save the other harmless from any loss, cost, or expense caused to s them by their failure to do so. K L 9. DMM The parties shall pay and dispose of their marital debts, as Mows: s A. Wife shall be responsible to pay and satisfy, In accordance with Its terms, the Chase credit card Issued and held In her name alone. She shall pay that debt in accordance with its terms and shall indemnify and save ` Husband harmless from any loss, cost, or expense caused to him by her i failure to do so. B. Husband shall pay the credit cards Issued In his name alone F. including three Capitol One credit cards (identified as Account Nos. 3688, 3476, and 5309)the BJ credit account, the AAA credit card or credit account, the Home Depot credit account, the WMU credit account, and the CC credit account, all of which Husband represents are in his name and which he acknowledges to have been used, at least partly, for the operation of his business. He shall pay that debt In accordance with Its terms and shall Indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to do so. Page 6 of 13 f i i E i . 1 F _ E t Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any-debts In the name of the other not previously disclosed or provided for in this 4 agreement. Each of the parties hereby represents to the other that neither one of them t 1 { have Incurred or contracted for debts In the name of the other or for which the other Is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise Incur debts In the other's or joint names without the prior permission and consent of the other party i hereto. Both parties hereto represent and warrant to the other party that they have not F so contracted any debts unbeknownst to the other up to the time and date of this Agreement. i 10. . The parties acknowledge that Husband purchased a wide screen television shortly before separation and mistakenly charged it on t s Wife's credit card. Husband shall retrieve the television from Wife's possession and It will be his sole and separate property hereafter. In consideration for Husband receiving the Y television, he shall pay Wife the additional sum of$3,000.00. That payment will be made from his-share of the proceeds of the sale of the former marital residence, at the time those proceeds are divided In accordance with Paragraph 3 hereof. f 11. PERSONAL MQE§ TY. Except for the wide screen television provided for in x i Paragraph 10 above, the parties hereto mutually agree that they have effected a € 3 satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore i owned jointly or individually-by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may 1 be In the Individual possessions of each of the parties hereto, the effective date of said bill [ of sale to be contemporaneous with the date of the execution of this Agreement. r � Page 7 of 13 ( € t i f C 12. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choke regarding their claims arising out of the marriage and divorce and that they have speciAcally reviewed their rights to the equitable distribution of marital property, including rights of discovery,the right to compel a filing of an Inventory and Appralsement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, In consideration of the other terms and provisions of this agreement, do hereby waive, release and quftJalm any further right to have a court or any other tribunal equitably disMbute or divide their F marital property and do hereby further waive, release and quR cIalm any and all claim against or Interest in_assets now currently In the possession or held in the name of the other, It being their intention to accept the terns and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. a f 13. MMOM OF FURTHER CLAUS f M SWUM StNP MR ,OR . The parries acknowledge that they are aware of the d Income, education, income potential, and assets and holdings of the other or have had full and am n to become familiar with such Items. Both acknowledge that ample opportunity parties ge � they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the Income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the beneftts and properties passed to them hereunder in Neu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future j actions of divorce brought by either of the parties hereto and the parties do hereby F remise, release, quit claim, and,relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, Page B of 13 i i ik I i E { i I { during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time In the future. t 14. WAIM OF ESTATE RIt3HTS. Husband releases his Inchoate Intestate s rights in the estate of Me and Wife releases her inchoate Intestate rights in the estate of F Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or a assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or In equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date >' hereof; except that this release shall In no way exonerate or discharge either party hereto from the obligations and promises made and Imposed by reason of this agreement and i shall In no way affect any cause of action in absolute divorce which either party may have against the other. 15. WAMR OF OTHER PROPERTY CLMM AND ESTA MAM Except as I herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share In the property or the estate of the other as a result of the marital relationship, t including, without limitation, the right to equitable division of marital property, alimony, i alimony pendente lite, and counsel fees, except as provided for otherwise In this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all Instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. s {{ Page 9 of 13 1 { 1 i `t 4 f i 4 16. RMVJ RE- Husband has represented to Wife that, during the marriage, he liquidated most of the parties'financial assets and. nded the exile proceeds of hose assets ; f to support the family, pay various family obligations, and otherwlse preserve marital f assets, during the periods of time when he was not employed or was starting his business. s Husband represents to Wife, and assures her, that all of the Information he has provided regarding those assets Is complete and accurate. Beyond that, both of the parties hereto represent to the other that they have-made full disclosure of the assets and Income sources owned, controlled, or enjoyed by either of them and that neither party hereto has r i withheld any financial Information from the other. Each of the parties represents that they 3 have reviewed such information, as well as the law of Pennsylvania as It relates-to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and volunty decide f not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital acts, liabilities, incomes, and finances and agree that they are satisfied with their understanding F of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terns and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be flied between them. x 17. MOIR OF DIVQCE. The parties acknowledge that this agreement is made In contemplation of the conclusion by both of them of an action In divorce which has been filed by Wife to No. 06-6301 Civil Tenn before the.Court of Common Pleas of � Cumberiand County, Pennsylvania. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their • P- Page 10 of 13 f i { 1 > C 4 { respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree In divorce, and a Waiver of further notice for the entry of such decree and that they shall instruct their attorneys to file those documents with the Prothonotary's Office as promptly as possible so as to conclude the divorce as promptly as possible and, If possible, by 1 March 2008. Both parrs agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, Including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. t 18. RELEASE. The parties acknowledge that the purpose of this agreement Is to divide all of their marital property, } p party, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an 1 attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and � provisions of this agreement In full satisfaction of any claims, of any nature, they may f t have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other ; party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make In this agreement, which shall survive the date of this agreement until such obligations are fully performed. i 19. BRI&M In the event that any of the provisions of this agreement are breeched or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or In equity or to take any other action to t Page 11 Of 13 € 6 � t f i t tf f t which they are lawfully entitled to enforce this agreement or otherwise protect their rights. i In the event that such action Is commenced by one of the parties and the other party is found to have bread or violated any of the terms and provisions of t hIs agreement..the party having so violated or breached the agreement, shall be responsible for and shall € promptly pay upon demand the reasonable attorney's fees incurred by the other party to i enforce their rights hereunder. 20. Qj=OF LAIN. This Agreement shall be Interpreted, applied and enforced t In accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 21. ' [Y. If for any reason whatsoever any part of this Agreement z shall be declared void or invalid, only such part shall be deemed void and In all other restP this Agreement shall remain valid and fully enforceable. i 1 22. N MlR. The waiver of any term,condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other berm, condition, clause or provision of this Agreement. IN WITNESS tlMERLOP,the parties hereto have set their hands and seals the day and year first above written. t Witness AMEWP. Witnew }� F 1 i t Page 12 of 13 i h t 9 E COMMONWEALTH OF PENNSYLVANIA { SS.. COUNTY OF CUMBERLAND ) t On this, the day of 2008, before me, the unders;19ted off1mr, personally appeared XWH P. FERRARI known to me (or sadshetartly proven) to be the person whose name Is subscribed to the within Instrument, and acknowledged that said person executed same fbr the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ' low ' My Corn Explr+es. L F i t S COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS. the On this, the� �day of r .c 20080 before me, sail u eru to ally app r I LIZAB S. BERTRAM known to me(or and proven) said won line name Is s cribed to the within Instrument, ledged person executed same for the pub therein contained. IN.WITNESS WHEREOF, I hereunto set my hand and official seal. f { t f My Coilftsion Expires: AWAL q DM it 1` f ij! f Page 13 of 13 1 f Departmiet of the Tresstry—interns!Revenue service (9$) m U.S. individual income Tax Return 201 1 0M8 No.1518-0074 IRS Use On lull write or in this ce. For the lfn 1-�[m 31,2011,or other tax 2011,ending 20 $ba instuctions. arc names Last name Your social secu ft number Joseph P Ferrari 009-30-6103 If a joint return,spouse's first name and initial Last name Spou"'s social sscue"number 559-86-5770 Home address(number and street).if you have a P.O.box,see instructions. Apt no. Malte sure the 8SN(s)above 33 Indian Rock Road and on fns ftarscorrect. City,town or post office,state,and ZIP code.If you have a foreign address,also complete spaces below(see instructions). Ptssidentlat Election Campaign Nashua NH 03063 Ctheck here if you,or your spouse It 0111ihg Foreign country name Foreign province/country Foreign postal code a bo below W to ry�ns tax �� or refund 0 YOU Spouse Filing Status 1 ❑ Single 4❑Head of household(Wth qualifying person).(See instr.)if the 2 Marred fill in even if a one had income) qualifying person is a child but not your dependent,enter this ❑ filing jointly( ) cl-Ad's name here. Check only one 3 ❑X Metrical filing separately.Enter spouse's 5StV above ► box and full name here. ►Deborah M Ferrari 5❑Qualifying widower)with dependent child Exemptionts 6a L"J Yourself. if someone can claim you as a dependent,do not check box 6a . . . . . . I aOsee`�� 1 ear Se and eb b t3 No,of children on sc who: c Dependents: ( Caependent s �s�Dependents (4' a to e Nved with you (1)First name Last name sod sawrity rWrriber relatioraMp to you w+swdsrrs? a dud net an with you due to If more than four cediworce dependents,see instructions a net above check here►0 Add numbers on 1 d Total number of exem ons claimed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . area above ED Income 7 Wages,salaries,tips,etc. Attach Form(s)W-2 . . . . . . . . . 7 0 8a Taxable interest.Attach Schedule B if required . . . . . . . . . . . . . . on 0 b Tax-exempt interest.Do not include on line 8a . . . . . . . . . . . . . . lib 0 Atlach Forma) 9a Ordinary dividends.Attach Schedule B if required . . . . . . . . . . . . . . . . . . . . . . . . 98 0 W-2 fwm.Also b Qualified dividends 91b 1 0 attach Forms 10 Taxable refunds,credits,or offsets of state and local income taxes . . . . . . 10 0 W-2433 and 1099-R If tax 11 Alimony received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 was withheld. 12 Business income or(loss).Attach Schedule C or C-EZ . . . . . . . . . . . . . . . . . . . . . 12 11"9 . 13 Capital gain or(loss).Attach schedule D if required.it not required,check here . . . . . . . . . . . . . . . . . . ► ❑ 13 If you did not 14 Other gains or(losses).Attach Form 4797 . . . . . . get a W-2, 16a IRA distributions . . . . . . . . . . . . . . 1l 5a( b Taxable amount , . . 15b 0 see instructions. 16e Pensions and annuities . . . . . . . . . . . 11681 b Taxable amount 16b 17 Rental real estate,royalties,partnerships,S corporations,trusts,etc.Attach Schedule E . . . . . 17 0 Enclose,but do 18 Farm income or poss).Attach Schedule F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1s 0 not attach,arty 19 Unemployment compensation . . . . . . . . . . . . . . . . . . . . . payment.Ate, 19 please use 20a Social security benefits (20a 19,7 4 6 i b Taxable amount . . . . . . . . 20b 5,598 Form 1040-V. 21 Other Income.List type and amount--------------------------------- 21 0 22 Combine the amounts in the far ' ht jolt n for lines 7 t 21.This is atutstal Income ► 22 7,291 23 Educator expenses 23 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . Gross sled 24 Certain business expenses of reservists,performing artists,and fee-basis government officials,Attach Form 2106 or 2106-EZ . . . . . . . 0 Income 25 Health savings account deduction.Attach Form 8889 . . . . . . . . . . . 25 0 26 Moving expenses.Attach Form 3903 26 0 27 Deductible part of self-employment tax.Attach Schedule SE . . . . . . . 27 120 28 Self-employed SEP,SIMPLE,and qualified plans . . . . . . . . . . . . . 28 0 29 Self-employed health insurance deduction . . . . . . . . . . . . . . . . 29 660 30 Penalty on early withdrawal of savings . . . . . . . . . . . . . . . . . . . 30 0 31a Alimony paid b Recipient's SSN► 167-38-4160 31a 4,200 32 IRA deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 0 33 Student loan interest deduction . . . . . . . . . . . . . . . . . . . . . 33 34 Tuition and fees.Attach Form 8917 . . . . . . . . . . . . . . . . . . . . 34 35 Domestic production activities deduction.Attach Form 8903 . . . . . . . 35 0 36 Add tines 23 through 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 4,980 37 Subtract line 36 from line 22.This is your aidivaled grow income . . . . . . . . . . . . . . . . ► 37 2,311 MIA For Diaci wure,Privacy Act,and Paperwork Reduction Asst Notice,see separate 1nstmctlons, Form 1040(2o11) Pam 1040(2011) Joseph P Ferrari 009-30-6103 page 2 38 Amount from fine 37(adjusted gross income) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2,311 Tax and 39a Check r-V-1 You were born before January 2,1947, E]EWrW. Credits Total boxes if F-1 Spouse was born before January 2,1947, R Blind. I chocked la- 39s standard b If your spouse itemizes on a separate return,or you were a dual-status alien,check herela, 3111b�JX Deduction hambad deductions(from Schedule A)or your standard deduction(see left margin) . . . . . . 40 1,354 People who 41 Subtract line 40 from fine 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 957 check any 42 Exemptions.Multiply$3,700 by the number on line ad . . . . . . . . . . . . . . . . . . . . 42 3,700 box on fine 39s or 391b or 43 Taxable Income.Subtract line 42 from fine 41.8 fine 42 Is more than fine 41,enter-0- . . . 43 0 who can be Tax(see instructions).Check if any from claimed as a dependent, aQ Fornt(S)8814 b❑Form 4972 962 election 44 0 see instructions. 45 Alternative minimum tax(am instructions),Attach Form 6251 101�.. . . . . . . . . . . . . . . . . . . . . . . . . 1 45 1 0 •AN others: 46 Add fines 44 and 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 =ing 47 Foreign tax Credit.Attach Form 1116 if required . . . . . . . . . . . . . 47 0 $6 separately, 48 Credit for child and dependent care expenses.Attach Form 2441 . . . . 48 ,800 M 49 Education credits from Form 8863,line 23 . . . . . . . . . . . . . . 49 50 Retirement savings contributions credit.Attach Form 8880 . . . . . . . 50 0 t]uattiNyhl 51 Child tax credit(see instructions) . . . . . . . . . . . . . . . . . . 51 Head of 52 Residential energy credits.Attach Form 5695 . . . .r! . . . . . . . . 52 household, 53 Other credits from Form:a❑3800 b[]8601 C 53 0 $8,500 ------------J 54 Add lines 47 through 53.These are your total credits . . . . . . . . . . . . . . 0 66 Subtract line 54 from line 46.If line 54 is more than line 46,enter-0- . . . . . . . . . . . . . . lip, 55 0 Ciffier 56 Self-employment tax.Attach Schedule SE . . . . . . . . . 56 208 Taxes 57 Unreported social security and Medicare tax from Form: a[j41'3'7 b[�'j 8"9*19' 57 0 58 Additional tax on IRAs,other qualified retirement plans,etc.Attach Form 5329 if required . . . . . 58 0 59a Household employment taxes from Schedule H . . . . . . . . . . . . . . . . . . . . . . . . . . $90 0 b First-time homebuyer credit repayment.Attach Form 5406 if required . . . . 60 Other taxes Enter code(s)from instructions . . . . . . . . . . . . . . . . . . . . . . . . 60 61 Add Ones 55 throuah 60.This is Zwr total tax . . . . . . . . 10. 61 208 Payments 62 Federal income tax withheld from Forms W-2 and 1099 . . . . . . . . . 62 0 If you aye a 63 2011 estimated tax payments and amount applied from 2010 return . . 63 0 quaying 6" Earned Income credit(EIC) . . . . . . . . . . . . . . . . . . . . . . "a child,attach b Nontaxable combat pay election . . . . . 164b I i Schedule EIC. 66 Additional child tax credit.Attach Form 8812 . . . . . . . . . 65 66 American opportunity credit from Form 8863,line 14 . . . . . . . . . . . 66 67 First-time homebuyer credit from Form 5405,line 10 . . . . . . . . . . 67 0 68 Amount paid with request for extension to file . . . . . . . . . so 0 69 Excess social security and tier I RRTA tax withheld . . . . . . so 0 70 Credit for federal tax on fuels.Attach Form 4136 . . . . . . . . . 70 71 Credits from Form: a[] 2439 b❑ 8839 c ❑ 8801 d [] 8885 71 0 72 Add lines 62,63,64a,and 65 through 71.These are yourtotal orps . . . . . . . . . .. . IN. 72 0 Refund 73 If line 72 is more than One 61,subtract line 61 from One 72.This Is the amount you overpaid 73 Direct deposit? 74a Amount of fine 73 you went refunded to you.If Farm 8888 is attached,check here . . . . 740 see 11P. b Routing number I XXXXXXXXX 1 10- c Type: [:]Checking Savings instructions. 10, d Account number[XXXXXXXXXXXXXXXXX 75 Amount of line 73 you want applied to your 2012 estimated tax ► I Amount 76 Amount you owe.Subtract line 72 from fine 61.For details on how to pay,am instructions 208 YOU QW9 77 Estimated tax penalty(see instructions) . . . . . . . . . . . . . . ... . 1 77 1 1 Third Party Do you went to allow another person to discuss this return with the IRS(see instructions)?Hyse.Complete below X No Designee Deeig"O" Phone Personal identification name lap no.110, number(PIN) ftn Under penalties of p",I declare that I have examined this return and accompanying schedules and staterriards,and to the best or my knowledge and bow, W"are".correct,and complata Declaration of Prewar(other than taxpayer)is based on all wdbffndon of which prwarer has am WxyMedge. HWM Your signature Date Your occupation Daytime phone number Joint=7 See instru ISelf—em ployed 717-645-3337 Keep a copy 1- Spouses signature.N a joint return,both must sign. Date Spouses occupation IT va FIRS sent you aniclaray-MoMon Yom records, F PIN,enter it Paid Pnntrrype preparees name ies signature Date ers(see e inst)F- I Preparer I Live Only Firm's name ► Firm's EIN 10- Firm's address► Phone no, KJA Form 100(2011) SCHEDULE A Itemized Deductions OMB No.1645-0074 (Form 1040) r� �O 1 oepartrowt of the Treanry ► Attach to Form 1044. ► See Instructions for schedule A(Form 1040#. Attachm No. 07 OtwnW RsrerweServics {99} Name(s)shown on Fonn 1040 Your eodN security number Joseph P Ferrari o09-30-6103 Medical Caution.Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses(see instructions) 1 0 Dental 2 Enter amount from Form 1040,line 38 . . . 1 2 1 2,311 Expenses 3 Multiply line 2 by 7.5%(.075) . . . . . . . . . . . . . . . . . . . 3 17 3 4 Subtract line 3 from fine 1.If line 3 is more than line 1 enter-0- 0 . . . . . . . . . . . . . 4 Taxes You 5 State and local(check only one box): Paid a. ❑income taxes,or 0 b. ❑General sales taxes ) 5 6 Real estate taxes(see instructions) 0 7 Personal property taxes . . . . . . . . . . . . . . . . . . . . . . 7 504 8 Other taxes.List type and amount ► _______________ -----------------�------------------ 787 0 9 Add lines 5 through 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504 Interest 10 Home mortgage interest and points reported to you on Form 1 o9 0 You Paid 11 Home mortgage interest not reported to you on Form 1098.If paid to the person from whom you bought the home,see instructions and show that person's name,identifying no.,and address► Nobs. ----------------------------------- Your mortgage interest ------------------------------------ 0 deduction may ----------------------------------- 11 be limited(see 12 Points not reputed to you on Forms 1098.See instructions for o instructions). special rules . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Mortgage insurance premiums(see instructions) . . . . . . . . . 13 0 14 Investment interest Attach Form 4952 if required. (See instructions) 14 15 Add lines 10 through 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 0 eft to 16 Gifts by cash or check. If you made any gift of$250 or more, 0 Charity see instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . IS I if you made a 17 Other than by cash or check.If any gift of$250 or more,see gift and got a instructions.You must attach Form 8283 if over$500 . . . . . . . 17 0 benefit for it, 18 Carryover from prior year . . . . . . . . . . . . 18 850 gee instructions. 19 Add lines 16 through 18 g 850 Casualty and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Theft Lossee 20 Casualt y or theft loss(es).Attach Form 4684. See instructions.) . . . . . . . . . . . . . 20 0 Job Expenses 21 Unreimbursed employee expenses--job travel,union dues, and Certain job education,etc.Attach Form 2106 or 2106-EZ if required. Miscellaneous (See instructions.)►________________________Deductions --------------_____--------------------- 21 0 22 Tax preparation fees 23 Other expenses—investment,safe deposit box,etc.List type and amount Is _________________________ ----------------------------------- o 24 Add tines 21 through 23 0 25 Enter amount from Form 1040,line 38 . . . 2,311 26 Multiply line 25 by 2%(.02) 26 46 27 Subtract line 26 from line 24. If line 26 is more than line 24,enter-0. . . . . . . . . . . . 27 0 Other 28 Other—from list in the instructions. List type and amount ► ______ Miscellaneous --__----- Deductions ----------------------------------------------- 28 0 Total 29 Add the amounts in the far right column for lines 4 through 28.Also,enter this amount iternized on Form 1040, tine 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1,354 Deductions 30 If you elect to itemize deductions even though they are less than your standard deduction,check here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ► ❑ 10A For Paperwork Reduction Act Notice,see Form 1040 instructions. Schadute A(Farm 1MOf 2011 'SCHEDULE C Profit or Loss From Business OMB No.1545-W74 (Forth 1040) (Sol*Proprietorship) Dqwtrwd of ft Trenury For Information on Schedule C and Its Instructions,go to www.1nL9cv1sch*dkdec 2011 kftmd Roverm SeNce (90) lim, Aftch to Form 100,1440MR,or 1041;partriershilm generally must Me Form 106L ==N.. 09 Name of proprietor 3ocial security nundw 133M) Joseph P Ferrari 009-30-6103 A Principal business or profession,including product or service(see instructions) a El IN Caft in"1111ftcuens Project Management 1, 238990 Business name.If no separate business name,leave blank. D Employer 10 mmdw Mn(we inw.) Joseph Ferrari E Business address(including suite or room no.) 33 Indian Rock Road City,town or post office,state,and ZIP code wsTiu-a--------- ---------- qn---m67--------------- F Accounting method: (1) 7 Cash (2)FAccrual (3) Other(specify)► -------------------------- -- G Did you"materially participate"in the operation of this business during 20117 If"No,"see instructions for limit on losses . . . -k yes �N H If you started or acquired this business during 2011,check here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DO. — I Did you make any payments in 2011 that would require you to file Form(s)1099?(see instructions) . . . . . . . . . . . . . —Yes F- No J If"Yes,"did you or will you file all required Forms 1099? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No Incom Is Merchant card and third party payments.For 2011,enter-0. . . . . . . . * * ' In 0 b Gross receipts or sales not entered on line I a(see instructions) . . . . . . . . I b 47,582 c Income reported to you on Form W-2 if the"Statutory Employee"box on that form was checked.Caution.See instr.before completing this line . . . Ic 0 d Total gross recelptiL Add lines 1 a through I c . . . . . . . . . . . . . . . . . . . . . . . . . . Id 47,582 2 Returns and allowances plus any other adjustments(see instructions) . . . . . . . . . . . . . . . . 2 3 Subtract fine 2 from fine 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 47,582 4 Cost of goods sold(from line 42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 0 5 Gross profit Subtract line 4 from line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 47,582 6 Other income,including federal and state gasoline or fuel tax credit or refund(see instructions) . . . . . . . . 6 7 J=tgM.Add fines 5 and 6 . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . * 7 47,582 �� Expolimm. Enter a for businow use of your homes oeft on Ihm 30. 8 Advertising . . . . . . . . . 8 18 Office expense(am instructions) 18 285 9 Car and truck expenses(see 19 Pension and profit-sharing plans 19 011011110 instructions) . . . . . . . . . . 9 31,260 20 Rent or lease(see instructions): am 10 Commissions and fees . . . . 10 a Vehicles,machinery,&equipment 200 0 11 Contract labor(see instructions) 11 1,609 b Other business property . . . . 20b 12 Depletion . . . . . . . . . . . 12 21 Repairs and maintenance . 21 13 Depreciation and section 179 22 Supplies(not included in Part 111) 22 2, 889 expense deduction(not 23 Tam and licenses . . . . 23 included in Part 111)(see = instructions) . . . . . . . . . 13 0 24 Travel,meals,and entertainment 4,717 14 Employee benefit programs 14 a Travel . . . . . . . . . . . . . . . . . 249 (other than on line 19) . . . . . 1,497 b DeducUble meals and 24b 1,588 16 Insurance(other than health) 15 entertainment(see instructions) 18 Interest. 25 1.1fififies . . . . . . . . . . . . . . . . 25 1,948 a Mortgage(paid to banks,etc.) 16a — 26 Wages(less employment credits) 26 b Other . . . . . . . . . . . . 16b 27a Other expenses(from line 48) . . . . . 27a 96 17 Legal and professional services , 17 b ftworvad for future use . . . . . . . 27b 28 Total expenses before expenses for business use of home.Add lines 8 through 27a . . . . . . . . . . . . li, 28- 45,89 29 Tentative profit or(loss).Subtract line 28 from line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1,693 30 Expenses for business use of your home.Attach Form 8829.Do not report such expenses elsewhere . . . . 30 0 31 Not profit or(loss].Subtract fine 30 from line 29. • If a profit,enter on both Form 1040,line 12(or Form 1048NP,line 13)and on Schedule SE,line 2. If you entered an amount on fine I c,see instr.Estates and trusts,enter on Form 1041,line 3. 31 1,693 • If a loss,you must go to line 32. 32 If you have a loss,check the box that describes your investment in this activity(see instructions). • If you checked 32a,enter the Was on both Form 11040,line U,(or Form 1040MR,line 13)and 32a AN investment is at risk. on Schedule SE,line 2.If you entered an amount on line I c,see the instructions for line 31. 32b F-1 S.investmerit is not Estates and trusts,enter on Form 1041,lino 3. at risk. * If you checked 32b,you must attach Form Gift Your loss may be limited. I MA For Paperwork Reduction Act Notice,zoo your tax return Instructions. Schedule C(Form 1040)2011 &Aadule C orm 1040)2011 Joseph P Ferrari 009-30-6103 page 2 Cost of Goods Sold (see instructions) 33 Method(s)used to value dosing inventory: a ❑ cost b❑ Lower of cost or market c ❑ Other(attach explanation) 34 Was there any change in determining quantities,costs,or valuations between opening and dosing inventory? If"Yes,"attach explanation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . El Yes ❑ No 35 Inventory at beginning of year.If different from last year's closing inventory,attach explanation . . . . . . 35 36 Purchases less cost of items withdrawn for personal use . . . . . . . . . . . . . . . . . . . . . 36 37 Cost of labor.Do not include any amounts paid to yourself . . . . . . . . . . . . . . . . . . . 37 38 Materials and supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 39 Other costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 40 Add lines 35 through 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 0 41 Inventory at end of year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 42 Cost of so n P1 sold Subtract fine 41 from line 40.Enter the result here and on One 4 . . . . . . . . . . 42 0 Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4662 for this business. See the instructions for line 13 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes?(month,day,year)00, 01/01/10 Of the total number of miles you drove your vehicle during 2011,enter the number of miles you used your vehicle for a Business ----- 48,350 b Commuting(see instructons) ............0----- c Other --------- 0 45 Was your vehicle available for personal use during off-duty hours? . . . . . . . . . . . . . . . . . . . . . . . . . I A F71 I Yes; E-1 No FYI 46 Do you or your spouse)have another vehicle available for personal use? . . . . . . . . . . . . . . . . . . . . . I I Yes ❑ No 47a Do you have evidence to support your deduction? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑AI FV7 Yes ❑ No b If'Yes,"is the evidence written? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑Yes ❑ NO � Other EMmmees. List below business g nses not included on lines 8-26 or line 30. Freight 96 -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- 48 ToWJ odw experwom Enter here and on line 27a . . . . . . . . . . . . . . . . . . . . 48 96 MA Scholute C(Form 1040)2011 SCHEDULE E Supplemental Income and Loss OMB No.154"074 (Form 1040) (Front rental real estate,royalties,partnerships, 2011 Department of the Treasury S Corporsdons,estates,trusts,REMICs,etc.) Internal Revanue service (99) ►Attach to Form 1040,1040NR,or Form 1041. M Sae rata insbuetions. SeWmice ')3 Names)shorn on return Yow social socurtty number Joseph P Ferrari 009-30-6103 A Did you make any payments in 2011 that would require you to file Form(s)1099(see instructions) Yes I RTNo B If"Yes,"did you or will you file all required Forms 1099? Hyes tj NO Income or Loss From Rental Read Estate and Royalties Note.9 you are in the business of renting personal property,use SthaduN C or C4FZ("a insi uclions).9 you are an individual,report fame rental income or loss from Form 46341 on page 3,fire 40. Cautlon.For each rental property fisted on line 1,check the box in the last column only if you owned that property as a member of a All QM revorfing income not -ern I 1 Physical address of each property-street,city,state,zip Type-tram list 2 For 080 rental real Fair Rental Personal t�JV below estate property usled. Days use A 96 Westerly Road Camp Hill PA 17011 1 report ftrwntarOf A 334 0 days reread at 18W NKM B value and days wKh g personal use.See Cl Insbuchons. C Type of Property: 1 Single Family Residence 3 Vacation/Short-Term Rental 5 Land 7 Self-Rental 2 Multi-Farnity Residence 4 Commercial 6 R Gies 8 Other describe Income: Properties A I a C 3a Merchant card and third- ments.For 2011 enter-0- 3a 0 b Payments not reported to you on line 3a --1-3,750 4 Total not including amounts on line 3a that are not income see instructions . . . . . . , 13,750 Expenses: 5 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 6 Auto and travel(see instructions) . . . . . . . . . . . . . . . 6 0 7 Cleaning and maintenance . . . . . . . . . . . . . . . . . . . 7 300 8 Commissions , . . . . . _ . . . . . . . 8 0 9 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 0 10 Legal and other professional fees . . . . . . 10 0 11 Management fees . . . . . . . . . . . . . . . . . . . . . . . 11 0 12 Mortgage interest paid to banks,etc.(see instructions) . . . . 12 7,098 13 Other interest . . . . . . . . . . . . . . . . . . . . . . . . . . 13 0 14 Repairs . . . . 1,350 15 Supplies 0 16 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3,315 17 utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 0 18 Depreciation expense or depletion . . . . . . . . . . . . . . . 18 7,236 19 Other(list) ► __________ ___ 18 0 20 Total expenses.Add lines 5 and 19 "'_________ 20 19,299 0 0 21 Subtract line 20 from line 4. If result is a(loss),see instructions to find out if you must file Form 6198 . . . . . . . 21 -5,549 0 0 22 Deductible rental real estate loss after limitation,if any, on Form 8682(see instructions) 722 ( 0) ( ? ( ) 23a Total of all amounts reported on line 3a for all rental properties . . . . . . . . 23a 0 b Total of all amounts reported on line 3a for all royalty properties . . . . . . . . . 23b 0 c Total of all amounts reported on litre 4 for all rental properties . . . . . . . . . . . 23c 13,750 d Total of all mounts reported on line 4 for all royalty properties . . . . . . . . . . 23d 0 e Total of all amounts reported on line 12 for all properties . . . . . . . . . . . . . 23e 7,098 f Total of all amounts reported on line 18 for all properties . . . . . . . . . . . . . 23f 7,236 g Total of all amounts reported an line 20 for all properties 23 19,299 24 Income.Add positive amounts shown on line 21.Do not include any losses . . . . . . . . . . . . . 24 0 25 Losses.Add royalty losses from line 21 and rental real estate losses from line 22.Enter total losses here. 25 0 26 Total rental real estate and royalty Income or(loss).Combine lines 24 and 25.Enter the result here. if Parts II,Ili,IV,and line 40 on page 2 do not apply to you,also enter this amount on Form 1040,line 0 17,or Form 104ONR,line 18.Otherwise, include this amount in the total on line 41 on page 2 MA For Paperwork keducdon Act Notics,tea your taut retom Instructions. Schedule E(Form 10410)2011 SCHEOULE SE OMB No.1545-0074 (Form 1040) Self-Employment Tax 2011 ftemal R ry li Attach to form 1040 or Form 10"MR. ► see separate instructions. Sequence No. 17 Name of person with satFarnployment income(as shown on Form 1040) Social security number of person Joseph P Ferrari with somom wimotincome b- 1009-30-6103 Before you begin:To determine if you must file Schedule SE,see the instructions. May I Use Short Schedule SE or Must 1 Use Long Schedule SE? Note.Use this flowchart only If you must file Schedule SE. If unsure,see Who Must File Schedule SE in the instructions. Did you receive wages or Ups in 20119 No Yes I IF Are you a minister,member of a religious order,or Christian yy tire total your wages and tips subjectth social security Science prs rmr who received IRS approval not to be taxed Yes W s the t tatiremeur!tiers tax pips your not earnings tram Yes on earnings other from thane sources,but you awe calf-employment � npicymect more than$108,8007 tax rm other earnings? No No Did you receive tips subject to social security or Medicare tax Yes Are you using one of the optional methods to figure your not Yes Instructions)?earnings{see that you did not report to your employer? No No Did you receive church employee income(see instructions) Yes Did you report any wages on Form 8919,Uncollected Social Yes reported on form W-2 of$108.28 or more? Security and Medicare Tax on Wages? No You pray use Short Schedule SE below You must use Long Schedule SE on page 2 Section aA Short Schedule SE. Caution.Read above to see if you can use Short Schedule SE. 140 Net farm profit or(loss)from Schedule F,line 34,and farm partnerships,Schedule K-1 (Form 0 1065),box 14,code A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 a b if you received social security retinernent or disability benefits,enter the amount of Conservation Reserve Program payments included on Schedule F,line 4b,or fisted on Schedule K-1 (Form 1065),box 20,code Y . . 1 b ( 0 ) 2 Net profit or(loss)from Schedule C,line 31;Schedule C-EZ,line 3;Schedule K-1 (Form 1065), box 14,code A(other than farming);and Schedule K-1 (Form 1065-B),box 9,code J1. Masters and members of nekgious orders,see instructions for types of income to report on this line.See instructions for other income to report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1,693 3 Combine lines 1 a,1 b,and 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1,693 4 Multiply line 3 by 92.35%(.9235). If less than$400,you do not owe self-employment tax; do not file this schedule unless you have an amount on line 1b .. . . .. . .. . ... .. ... . . . . . . . .. . .M 4 1,563 Note.If line 4 is less than$400 due to Conservation Reserve Program payments on line 1 b, see instructions. 5 Self-entployrnent tax.If the amount on line 4 is: • $106,800 or less,multiply line 4 by 13.3%(.133).Enter the result here and on Form 1040,line 56 or Fern 1 O40NR,line 54. e More than$106,800, multiply line 4 by 2.9%(.029).Then,add$11,107.20 to the result. 208 Enter the total here and on Farm 1040,line 56,or Form 104ONR,line 54. . . . . . . . 6 Deduction for employer-equivalent portion of self-employment tax. If the amount on line 5 is: • $14,204.40 or less,multiply line 5 by 57.51%(.5751) • More than$14,204.40,multiply line 5 by 50%(.50)and add$1,067 to the result. Enter the result here and on Form 1040,line 27,or Form 104ONK One 27 6 120 IdA For lkapervro*Reduction Act Notice,sea your tax return Instructions. schedule 5E(Form 1040)M1 MB No.154 10 08 Farm 8582 Passive Activity Loss Limitations 201 5-1 ► See sqmnft Instructions. Depwtnwo of ft Treasury Attachment Internet Revs"So-Ace (92) lo. Attach to Form 1040 or Form 1041. uence Na. 88 Narne(s)shown on mWm Joseph P Ferrari 009-30-6103 2011 Passive Activity Lose Caution:Complete Worksheets 1,2 and 3 before completing Part 1. Rental Real Estate Activities With Active Participation(For the definition of active participation see Special Allowance for Rental Real Estate Activities in the instructions.) Is Activities With net income(enter the amount from Worksheet 1, Is 0 column(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . b Activities with net loss(enter the amount from Worksheet 1,column lb 0 (b)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c Prior years unallowed losses(enter the amount from Worksheet 1, 1c column(c)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L- d Combine lines 1a, 1b,and 1c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Zornmercial Revitalization Deductions From Rental Real Estate Activities 2a Commercial revitalization deductions from Worksheet 2,column(a) 20 b Prior year unallowed commercial revitalization deductions from Worksheet 2,column(b) . . . . . . . . . . . . . . . . . 2b c Add lines 2a and 2b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2c 0 ) All Other Passive Activities 3a Activities With net income(enter the amount from Worksheet 3, 0 column(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As 0 b Activities with net loss(enter the amount from Worksheet 3,column 5,5419 (b)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ab c Prior years unallowed losses(enter the amount from Worksheet 3, 0 column(c)) . . . . . . . . . . . . . . . . . . . . . . . . . . . 3c 0 -5 54 d Combine lines 3a,3b,and 3c . . . . . . . . . . . . . . . . . . . . . . . . 3d 4 Combine lines 1 d,2c,and 3d. if this line is zero or more,stop here and include this form with your return;all losses are allowed,including any prior year unallowed losses entered on line 1c, 4 -5,549 2b,or 3c.Report the losses on the forms and schedules normally used . . . . . . . . . . . . If line 4 is a loss and: Line Id is a loss,go to Part 11. • Line 2c is a loss(and line 1d is zero or more),skip Part 11 and go to Part Ill. • Line 3d is a loss(and lines Id and 2c are zero or more),skip Parts 11 and Ill and go to line 15. Caution:If your filing status is married filing separately and you lived with your spouse at any time during the year, do not complete Part H or Part 111.Instead,go to line 15. Special Allowance for Rental Real Estate Activities With Active Participation Note:Enter all numbers in Part I/as positive amounts. See instructions for an example. 5 Enter the smaller of the loss on line 1d or the loss on line 4 . . . . . . . . . . . . . . . . . . ' 5 6 Enter$150,000.If married filing separately,see instructions . . . . I S I I 7 Enter modified adjusted gross income,but not less than zero(see instructions) 7 7 Note:if line 7 is greater than or equal to line 6,skip lines 8 and 9, enter-0-on line 10. Otherwise,go to line 8. 8 Subtract line 7 from line 6 . . . . . . . . . . . . . . . . . . . . . . 9 Multiply line 8 by 50%(.5).Do not enter more than$25,000.If married filing separately,see instructions 9 10 Enter the smaller of line 5 or line 9 . . . . . . . ' ' * * . . . . . . . . . . . . . . . . . . . . . . 101 If line 2c,is a loss,go to Part Ill.Otherwise,go to line 15. Special Allowance for Commercial Revitalization Deductions From Rental Real Estate Activities Note:Enter all numbers in Part Ill as positive amounts. See the example for Part H in the instructions. 11 Enter$25,000 reduced by the amount, if any, on line 10. If married filing separately, see instruction t 11 12 Enter the loss from fine 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Reduce line 12 by the amount on line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Enter the smilleat of line 2c(treated as a positive amount),line 11 or line 13 . . . . . . . . . . 14 Total Losses Allowed 15 Add the income, if any,on lines la and 3a and enter the total . . . . . . . . . . . . . . . 0 16 Total losses allowed from all passive activities for 2011.Add lines 10, 14,and 15.See instructions to find out how to report the losses on your tax return . . . . . . . . . . . 16 0 IUA For Paper**ork Reduction Act Notice,see Instructions. Form 8$82(2oii) Pormsm(2011) Joseph P Ferrari 009-30-6103 Paget Caution: The worksheets must be filed with your tax return. Keep a copy for your ripcords. Worst sheet 1—For Form S8582,Linea 1 a 1 b and 1 c See instructions. Current year Prior years Overall gain or loss Hama of activity (a)Net Income (b)Net toss (c)Unallowed (d)Clain (e)Loss tine 10) (Nne 1b lass line 1c Todd.Enter on Form 8582,lines 1s,1b, and is . . . . . . . . . . . . . . . . ► Worksheet 2--For Form Lines 2a and 2b See instructions. Name of activity (a)Current year (b)Prior year (c)Overall Loss deductions(line 2a) unaNawed deductions(line 2b) Total.Enter on Form 8582,lines 2a and 2b ► 0 0 Workshest 3--For Form 8582 Lines 3a 3b and 3c See instructions. Current year Prior years Overall gain or lose Name of activity (a)Not income (b)Net loss (c)Unsitawod (d)Gain (a)Loss (line 3s) (line 3b) loss(line 3c) 96 Westerly Road Cam 0 5,549 0 0 5,549 Total,Enter on Form 8882,Knee 3a,3b, and 3c . 0 5,54 9 0 ► Workshest 4--We this workshest If an amount is shown on Form 8582,line 10 or 14 (See instructions.) Form or schedule and line number (c) (d)8uMnict Name of activity to be on (a)Loss (b)Ratio allowance 3100 10 cokimn(c)from (see instructions) column(a) Total ► 1.00 Workshest S-AMOCatfon of Unailowed Losses (See instructions.) Form or schedule Name of activity and lire number to be reported on (a)Loss (b)Ratio (c)UnaBovrad loss (see instructions) 96 Westerly Road Cam Sch E, line 22A 5,549 1.0000 5,549 Total ► 5,549 1.00 5,549 ILIA► Form 8582(201 1) rwm&w(2oii) Joseph P Ferrari 009-30-6103 page 3 WodwheO G—AVowed Losses (See instructions.} Form or schedule Name of activity and line number to (a)Loss (b)Unallowed Ion (c)Allowed loss be reported on(see Instructions) 96 Westerly Road Cam Sch E, line 22A 5,549 5,549 0 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00, 1 5,5491 5,549 1 0 Wo*sbqg 7--ActJvkl"Vfth Loss"R000rted on Two or More Forms or Schedules (See instruclions.) Name of actift: (a) (b) (c)Ratio (d)Unallowed Allwaed loss loss Form or schedule and line number to be reported an(see instructions):.............. . Is Net loss plus prior year unallowed loss from form or schedule Bo- b Net income from form or schedule . . . . . . . . . . . . . ► c Subtract One I b from line 1 a,If zero or less,enter-0- 10, Form or schedule and Urn**number to be reported on(see Instructions):---------------- 1a Net loss plus prior year unallovmd lose from form or schedule lo- b Net income from form or schedule . . . . . . . . . . . . . ► c Subtract One I b from fine 1 a.If zero or 1lm,enter-0- ON. Form or schedule and Une number to be reported on(see Instructions):---------------- Ia Net loss plus prior year unallowed loss from form or schedule 00- b Net income from form or schedule . . . . . . . . . . . . . 11b, c Subtract line 1 b ftw line Ia.If zero or less,enter-0- Do- Total . . . . . . . . . . . . . . . . . . , . . . . . . . . . ► 1.00 KIA Form 8682(2ol i) Department of the Treasury 2011 Form 1040-V internal Revenue Service T Detach Hens and MaN With Your Payment and Return'r KM Form 1040-V(2ot1) :use tide vow wren melft a payrom wa,Form IM. • Do and sups Bds voudrer or your paynrent to Form 1040. Doilan3 •Make your do&or money ardor pry"to th"United suns Treasury." Nneunt You ue�� • year social security number(SSN)on your dreok or money order by check or money oraNr ► 208 009-30-6103 KIA 1017 Joseph P Ferrari 33 Indian Rock Road Nashua NH 03063 009306103 ZR FERR 30 0 201112 610 ELIZABETH B. BERTRAM, formerly -11AL of ELIZABETH B. FERRARI, (0000WOMM Respondent/Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT 2006-06301 CIVIL TERM JOSEPH P. FERRARI, Petitioner/Defendant IN DIVORCE IN RE: PETITION FOR TERMINATION OF AN ALIMONY ORDER ORDER OF COURT AND NOW, this 261h day of April 2013, upon review of the pro se Petition for Termination of an Alimony Order, a RULE is issued upon Plaintiff to show cause, if any, why the relief requested should not be granted. DEFENDANT shall effectuate service of this Rule upon Plaintiff. Proof of service must be filed prior to the court considering a motion to make rule absolute. RULE RETURNABLE twenty (20) days from the date of service by DEFENDANT. BY THE C URI'', Thoma A.VPlacey C.P.J. Digribu ion List: .1- Stacy B. Wolf, Esq. rnM 03 xz. '—,-n M -0 � Joseph P. Ferrari :X31 p ELIZABETH B.BERTRAM,formerly ) IN THE COURT OF COMMON PLEAS ELIZABETH B.FERRARI } OF CUMBERLAND COUNTY, Plaintiff/Respondent ) PENNSYLVANIA VS. ) CIVIL ACTION-LAW c . NO. 06-6301 m JOSEPH P.FERRARI ) N Defendant/Petitioner ) IN DIVORCE o Yn .=.. o o C' CERTIFICATE OF SERVICE I, Joseph P. Ferrari, do hereby certify that I this day served a copy of the COURT'S RULE TO SHOW CAUSE upon the following by first class mail, postage prepaid, on the date and addressed as follows: Elizabeth B. Bertram 2015 Harvard Avenue Camp Hill, Pennsylvania Date etitioner oseph P. Ferrari Cir THE PFOT[j STACY B.WOLF,ESQUIREtf 16 ATTORNEY ID NO.88732 PM 3: 27 10 WEST HIGH STREET CUMBERLAND CouijTy CARLISLE PA 17013 PENtjS yLVA NIA (717)241-4436 ATTORNEY FOR PLAINTIFF ELIZABETH B. BERTRAM,formerly : IN THE COURT OF COMMON PLEAS OF ELIZABETH B.FERRARI, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. CIVIL ACTION-LAW JOSEPH P.FERRARI, NO.06-6301 CIVIL TERM Defendant IN DIVORCE RESPONSE TO RULE TO SHOW CAUSE WITH NEW MATTER AND NOW comes the Plaintiff,Elizabeth B. Bertram,by her attorney,Stacy B.Wolf,Esquire, and files this response to rule to show cause with new matter,respectfully representing as follows: 1. Admitted. 2. Denied. To the contrary,Plaintiff has provided a copy of her 2011 Income Tax Return to Defendant. 3. Admitted. li 4. Admitted in part,denied in part. It is admitted Plaintiff was to provide her 2011 Income Tax Return and she now has. It is denied that Defendant made multiple requests for Plaintiff's 2011 Income Tax Return. By way of further response,Defendant sent a copy of his 2011 Income Tax Return on or about November 15, 2012 and first made a request to Plaintiff for her 2011 Income Tax Return the same date. By way of further response,Defendant is in breach of the parties'settlement agreement and has to date failed to comply with the Court's March 12, 2013 Order. 5. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendant's Petition and deny Defendant's request for reimbursement of$4,900.00 in alimony paid to Plaintiff since the first quarter of 2012 along with any additional relief the Court deems just. NEW MATTER 6. Paragraphs one through five are incorporated by reference as if set forth fully herein. 7. On April 15,2013,Defendant filed a Petition for Termination of an Alimony Order. 8. The Court entered an Order on April 25, 2013 which was served on Plaintiff April 29, 2013 issuing a Rule on Plaintiff to Show Cause why Defendant's petition should not be granted. 9. The Property Settlement Agreement does not provide for an automatic modification or termination of the alimony award. See Property Settlement Agreement attached to Defendant's Petition as Exhibit B. 10. Paragraph 7A of the Property Settlement Agreement provides that alimony in the amount of$350.00 per month shall be paid by Husband. 11. Paragraph 7C of the Agreement provides that four years after the commencement of alimony, the term and the amount of alimony shall be subject to modification or termination if Wife's or Husband's income meets the provisions outlined in the agreement, that the parties shall exchange 2011 tax returns,and that the parties will negotiate an appropriate modification or termination,or if an agreement cannot be reached, either party may petition the Court for modification or termination. 12. Paragraph 7C of the Agreement specifically provides that the parties may either negotiate an agreement or file a petition with the Court. 13. The parties have been unable to reach an agreement regarding whether modification or termination is appropriate. 14. Whether modification or termination of alimony is appropriate has now been made an issue by the filing of Defendant's petition and it is proper for the Court to decide whether any modification should be made as of the date of the filing of Defendant's petition and not as of the first quarter of 2012 as Defendant suggests. 15. Defendant continues to fail to comply with the Court's Order dated March 12,2013 related to Defendant's breach of the Property Settlement Agreement. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendant's Petition and deny Defendant's request for reimbursement of$4,900.00 in alimony paid to Plaintiff since the first quarter of 2012 along with any additional relief the Court deems just. Respectfully submitted, Dated: May 2013 _ Stacy B. Wo , Esquire 10 West Hig Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify that I am the plaintiff in this action and that the facts set forth in this response and petition are true and correct to the best of my information knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsification to authorities. May-,2013 Eh et . Bertram STACY B.WOLF,ESQUIRE WOLF&WOLF ATTORNEY ID NO.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717)241-4436 ATTORNEY FOR PLAINTIFF ELIZABETH B. BERTRAM,formerly : IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. CIVIL ACTION- LAW JOSEPH P. FERRARI, :NO. 06-6301 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf,Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Response to Rule to Show Cause with New Matter upon the following individual by postage prepaid mail, addressed as follows: Joseph P. Ferrari 2 Peters Lane West Rutland,VT 15777 Respectfully submitted, 1 S acy B.Wolf, uire Attorney for Plaintiff Date: May 2013 ELIZABETH B. BERTRAM, formerly ELIZABETH B. FERRARI, Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V, 2006-06301 CIVIL TERM JOSEPH P. FERRARI, Defendant IN DIVORCE IN RE: RESPONSE TO RULE TO SHOW CAUSE WITH NEW MATTER ORDER OF COURT AND NOW, this 28th day of May 2013, upon consideration of Plaintiffs Response to Rule to Show Cause with New Matter, it appearing that the New Matter is a restatement, a hearing with argument, shall be held on 29 July 2013, at 9:30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY T Thomas A. Placey C.P.J. Distribution: Stapy Wolf, Esq. �Joseph Ferrari, pro se CO CD ELIZABETH B. BERTRAM, formerly : IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2006 - 6301 Civil Term JOSEPH P. FERRARI, : IN DIVORCE Defendant : CIVIL ACTION - LAW MOTION FOR CONTINUANCE "" ' ��ryry t-10 4 44. AND NOW comes the Defendant, Joseph P. Ferrari, by and through his attorney, Jane Adams, and respectfully represents the following: 1. Defendant is Joseph P. Ferrari. He is represented by Jane Adams, Esquire. 2. A hearing is scheduled for this matter on July 29, 2013, at 9:30 a.m. before this Honorable Court. 3. Counsel for Defendant was not retained until approximately July 25, 2013 is requesting a continuance to prepare for hearing and explore any settlement options. 4. Stacy Wolf, Counsel for Plaintiff was contacted regarding a continuance and said that she did not object to a continuance but requested that it be scheduled later than September 30, 2013, due to her client's previously scheduled work obligations. 5. With the concurrence of Attorney Stacy Wolf, Defendant requests that the hearing be conference be continued until October or later. 6. There were no prior continuance requests regarding this matter. 7. This matter was previously scheduled before Judge Thomas A. Placey. WHEREFORE, Defendant, Joseph P. Ferrari, respectfully requests this Honorable Court to grant his request for a continuance and enter the attached Order. Respectfully submitted, I) Date: ✓ l(.0 S � � /� fa 1 iJa- Adams, Esquire No. 79465 . South St. 'arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE AND NOW, this July 27, 2013, I, Jane Adams, Attorney for Defendant, Joseph P. Ferrari, hereby certify that a copy of Defendant's MOTION has been duly served upon the opposite party, Attorney by hand-delivery or by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Stacy Wolf, Esquire 10 W. High St. Carlisle, Pa. 17013 Attorney for Plaintiff Date: .0A.p 1._\\ - I ' /4 Jo •Adams, Esquire I 1 No. 79465 7 . South St. 'arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ELIZABETH B. BERTRAM, formerly : IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2006 - 6301 Civil Term s, JOSEPH P. FERRARI, : IN DIVORCE m Defendant : CIVIL ACTION - LAW cr, N 4wo J r <CD _ PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Joseph P. Ferrari, Defendant in the above-captioned matter. Respectfully Submitted: Date: �Sl \.3 4 _ ..�... . I. JaR- .� dams, Esquire I.• 4 o. 79465 est South St. sle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT 6 ELIZABETH B. BERTRAM, formerly : IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2006 - 6301 Civil Term JOSEPH P. FERRARI, : IN DIVORCE Defendant : CIVIL ACTION - LAW ORDER OF COURT ',w AND NOW, this 2 day of , 2013, upon consideration of the within Motion and on Motion of Jane Adams, Esquire, it is hereby ordered and directed that the hearing scheduled in the above-captioned matter for July 29, 2013 at 9:30 a.m. shall be continued until 1.3 0 .m., the 3(i,Gt day of Ocrestett, , 2013. BY THE COURT: J. Thomas A. Placey Common Pleas Judge cc: /Stacy Wolf, Esquire caw -v- . �„ /Jane Adams, Esquire �. , � rn c— • �' - n - • cJ, STACY B.WOLF,ESQUIRE 10 WEST HIGH STREET CARLISLE,PA 17013 (717)241-4436 SUPREME COURT I.D.No.88732 ATTORNEY FOR PLAINTIFF rya r C � ELIZABETH B.BERTRAM,formerly :IN THE COURT OF COMMON PLEAS OF y:4 ELIZABETH B.FERRARI, : CUMBERLAND COUNTY,PENNSYLVA `. Plaintiff t"- ,•. CD V. :CIVIL ACTION-LAW NO.06-6301 r; C C= JOSEPH P.FERRARI, :IN DIVORCE Defendant MOTION FOR CONTEMPT OF COURT ORDER DATED MARCH 12,2013 AND NOW comes the plaintiff,Elizabeth B. Bertram,by and through her attorney, Stacy B. Wolf, Esquire,and presents this Motion for Contempt of Court Order dated March 12, 2013 averring the following: 1. On or about March 9, 2012, Plaintiff filed a Petition to Enforce the terms of the parties'Property Settlement Agreement. 2. This Honorable Court issued a Rule to Show Cause on or about March 14, 2012. 3. On or about April 5,2012 Defendant filed a Response to the Rule to Show Cause. 4. A Hearing on Plaintiff s Petition was scheduled for May 30, 2012. 5. Plaintiff filed a Motion to Continue the May 30, 2012 Hearing date generally. 6. Plaintiff filed a Motion to List Matter for Hearing on or about January 7,2013. 7. A hearing was held on March 11, 2013 and an Order was entered on March 12, 2013 following the hearing. A true and correct copy of said Order of Court is attached hereto as Exhibit"A." 8. Despite requests, to date Defendant has failed to comply with any terms of the Court's March 12, 2013 Order. 9. A hearing is scheduled before the Honorable Thomas A. Placey on October 3,2013, at 1:30 p.m., on Defendant's Petition to,Terminate Alimony, and Plaintiff respectfully requests that her Motion for Contempt be heard concurrent with Defendant's WHEREFORE,Plaintiff respectfully requests that Defendant be found to be in contempt of the March 12,2013 Order of Court, she demands that Defendant comply with all terms of the CouresMarchl2,2013 Order,and requests attorney's fees associated with the filing of the instant motion along with any additional relief the Court may deem appropriate and just. Respectfully submitted, WOLF &WOLF,AttomVys at Law bated: Septemberc�,-2013 By: Aa 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff ' ELIZABETH B.BERTRAM,formerly : IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, :CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : CIVIL ACTION-LAW NO.06-6301 JOSEPH P. FERRARI, :IN DIVORCE Defendant ORDER OF COURT Uq AND NOW,this t2 day of 2013, after hearing, it is hereby ordered and directed as follows: 1. The defendant, Joseph P. Ferrari, is directed to comply with the terms of Paragraph 4 of the parties' February 27, 2008 Property Settlement Agreement and immediately transfer, or cause to be transferred, to Plaintiff, Elizabeth B. Bertram, one-half of the balance in his retirement accounts as of February 27, 2008, consisting of a Fidelity Investments IRA and a Kaval 401(k) plan, less the $2,141.00 in payments he has already made to the plaintiff 2. The defendant is directed to comply with the terms of Paragraph 4 of the parties' February 27, 2008 Property Settlement Agreement by paying for the services of an attorney to prepare and obtain the entry and implementation of a Qualified Domestic Relations Order to transfer the funds from the Kava1401(k) to the plaintiff. 3. The defendant is ordered to pay interest at the legal rate of 6% to plaintiff on the balance of the Fidelity Investments IRA and Kaval 401(k) accounts from the date of entry of the parties'Property Setdement Agreement, from February 27, 2008 and continuing until the date that all such funds are received by Plaintiff. 4. Fidelity Investments and Kaval are directed to freeze all assets contained in account number 164-748277 with Fidelity and plan number 207557 with Kaval. Should the full assets have already been withdrawn by the defendant and the.account closed, Fidelity Investments and Kaval are directed to provide detailed statements of the account balances from February 27, 2008 through the date when the accounts were closed and provide any and all information as to the whereabouts of the funds if known. 5. The defendant is ordered to pay the plaintiffs attorney fees in�Te murnat for such fees that were incurred by the Plaintiff in pursuing the petition to enforce the terms of the parties"Property settlement agreement. a�- 4�. CaIAVI1I -AtoAit- tA 't 2 ktccA� PJ.O- AAC( &tA-4&vA*#,uc 4Aow"J- a4,e.P- 4A'.'- 95Ar Is ctu;4*LaJ 6. The defendant is directed,to pay the Capital One credit card,account number beginning in 52910714,in full within thirty (30) days of the date of this Order in compliance with Paragraph 9 of the parties'Property Settlement Agreement. BY TH C URT,- Thomas VA. 41acey, C.Pj. Distribution: Stacy B. Wolf, Esquire For Plaintiff =-n Joseph Ferrari rn'— Pro se CD CO -< TRUE COPY FROM REC 0P,D in Testimony Whereof, I hore unto set ri,*�i�,nd and the seat of said Court at Ca�.Iisle'Pn� This day of ELIZABETH B.BERTRAM,formerly :IN THE COURT OF COMMON PLEAS OF ELIZABETH B.FERRARI, :CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : CIVIL ACTION-LAW NO.06-6301 JOSEPH P.FERRARI, :IN DIVORCE. Defendant CERTIFICATE OF SERVICE I, Stacy B.Wolf,Esquire,attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion for Contempt upon the following by first class mail,postage prepaid, addressed as follows: Jane E:Adams, Esquire 17 W. South Street Carlisle,PA 17013 Dated: September ,2013 . Stacy B.Wolf squire Attorney for aintiff Ylu ELIZABETH B.BERTRAM,formerly IN THE COURT OF COMMON PLEAS OF ELIZABETH B.FERRARI, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. CIVIL ACTION-LAW NO.06-6301 JOSEPH P.FERRARI, IN DIVORCE Defendant ORDER OF COURT AND NOW this iv_:� day of 2013,upon consideration of the instant motion filed on behalf of the Plaintiff, said motion shall be heard at the hearing.scheduled on the 3rd day of October,2013,at 1:30 p.m.in Courtroom No. 6 of the Cumberland County Courthouse, I Courthouse Square,Carlisle,Pennsylvania 17013. BY THE COURT: Hon.Thomas A. Placey, C.P.J. P"tribution: Stac B.Wolf,Esquire, for the Plaintiff Jane E.Adams, for the Defendant qlptlp3 rn M :z C-- ,;‘,.111,;‘,.111 I1t� I t UU ELIZABETH B. BERTRAM, formerly � ELIZABETH B. FERRARI, �'I� �`,=' •Y' Nat Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT 2006-06301 CIVIL TERM JOSEPH P. FERRARI, Defendant IN DIVORCE IN RE: REQUEST FOR CONTINUANCE ORDER OF COURT AND NOW, this 7th day of October 2013, upon consideration of Defendant's telecommunication request for a continuance, the continuance is granted and the hearing has been rescheduled for 22 January 2014, at 1:30 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Thomas A. Placey C.P.J. Distribution: Stacy Wolf, Esq. Jane Adams, Esq. eCop /e/21 C) /CPO 3 rn r:, ( , r- -4 U = Ht PROTHONO��r`, raIi P1t4120 P11 1: 38 CUMBERLAND B L AN A UNT ELIZABETH B. BERTRAM, f/k/a/ ELIZABETH B. FERRARI, Plaintiff v. JOSEPH P. FERRARI, Defendant (Countp of Cttmberlaub IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2006-06301 CIVIL TERM IN RE: PETITION FOR TERMINATION OF AN ALIMONY ORDER ORDER OF COURT AND NOW, this 20th day of May 2014, upon review of Defendant's Petition for Termination of an Alimony Order, upon which a Rule was issued, which was answered by Plaintiff's Response with New Matter, and was followed by a hearing, the following Order is entered on the Petition and New Matter: 1. As Defendant's income has fallen below the threshold amount contemplated in the provisions of the Property Settlement Agreement dated 27 February 2008, at paragraph 7, the request to modify the alimony is GRANTED. 2. Defendant is ORDERED to pay alimony at the reduced rate of $100.00 per month as of the date of the filing of Defendant's Petition on 15 April 2013. 3. The request for reimbursement of the $4,900.00 in alimony paid to Plaintiff since the first quarter of 2012 is DENIED; however, this amount is off -set by the reduction from April 2013 and any overage is to be applied to the Nii . outstanding balance owed by Defendant to Plaintiff pursuant to the Order of Court dated 12 March 2013. 4. The Order of Court of 12 March 2013 remains in full force and effect. 5., Defendant is OBLIGATED to pay the remaining balances as calculated from two retirement accounts as of February 2008 to Plaintiff, Tess the credit for payments already made and any additional credit earned as a result of this modification. 6. Further, Defendant has been OBLIGATED to pay Plaintiff's attorneys fee in connection with the enforcement of the Property Settlement Agreement, which has not yet been finalized as the terms of the Property Settlement Agreement have not been completed, as indicated above. No further relief is granted at this time. Thomas A. Placey C.P.J. Distribution: —tacy B. Wolf, Esq. ane E. Adams, Esq. Co'D I.ES nit'L. S.),2. a//y L—J--,r1 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241 -4436 ATTORNEY FOR PLAINTIFF 2014 HAY 30 Ni 2: 5 `. CUMBERLAND ND U ;yF.. I PENNSYLVANIA ELIZABETH B. BERTRAM, f /k /a ELIZABETH B. FERRARI, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 -6301 JOSEPH P. FERRARI, Defendant : IN DIVORCE MOTION FOR RECONSIDERATION AND NOW comes the Plaintiff, Elizabeth B. Bertram, by her attorney, Stacy B. Wolf, Esquire, and files this motion for reconsideration of the May 20, 2014 Order, representing as follows: 1. The plaintiff is Elizabeth B. Bertram, an adult individual residing at 2015 Harvard Avenue, Camp Hill, PA 17011. 2. The defendant is Joseph P. Ferrari, an adult individual residing at 2 Peters Lane, West Rutland, VT 15777. 3. Defendant filed a Petition for Termination of Alimony on April 15, 2013. 4. The Court entered an Order issuing a Rule on Plaintiff to Show Cause why Defendant's petition should not be granted. 5. Plaintiff filed a Response to Rule to Show Cause with New Matter on May 16, 2013. 6. A hearing was scheduled for October 3, 2013. 7. By agreement of the parties, the October 3, 2013 hearing was continued and a stipulation was submitted to the Court that any termination or modification of alimony would only be considered as of January 15, 2014 and the defendant was waiving his request to modify the alimony prior to January 15, 2014. 8. The parties' stipulation was contained in an email to the Court sent by Attorney Jane Adams. A true and correct copy of Attorney Adams' October 3, 2013 email to the Court is attached hereto as Exhibit "A." 9. Following a hearing, the Court issued an Order dated May 20, 2014, modifying alimony as of April 15, 2013, which was the date of filing of Defendant's petition. 10. The May 20, 2014 Order offset the $4,900.00 in alimony paid to Plaintiff since the first quarter of 2012 by the reduction in alimony from April 2013 with any overage being applied to the outstanding balance owed by Defendant to Plaintiff pursuant to the March 12, 2013 Order. 11. The Court erred in modifying the alimony award as of April 15, 2013 as the stipulation of the parties provided that any modification would only be effective as of January 15, 2014. 12. The Court erred in offsetting the $4,900.00 in alimony paid by the reduction from April 2013 and applying any overage to the outstanding balance pursuant to the March 12, 2013 Order as the stipulation of the parties provided that any modification would only be effective as of January 15, 2014. 13. Plaintiff requests this Honorable Court modify the May 20, 2014 Order to reflect the stipulations made by the parties. 14. The undersigned has sought the concurrence of counsel for Defendant and as of the time of filing, no response had been received. WHEREFORE, Plaintiff, Elizabeth B. Bertram, respectfully prays that this Honorable Court enter an Order modifying the May 20, 2014 Order along with granting any other such relief that the Court may deem appropriate. Dated: May 7Q 2014 By:. Respectfully submitted, WOLF & WOLF Stacy B. W , Esquire 10 West H , Street Carlisle, PA 17013 -2922 Supreme Court I.D. No. 88732 (717) 241 -4436 Attorney for Plaintiff Filters Used: 1 Tagged Record Email Report Form Format Date Printed: 5/22/2014 Time Printed: 11:22AM Printed By: SBW Date 10/03/2013 Time 11:36AM 12:OOAM Duration 0.00 (hours) Code Subject betram v. ferrari, 06 - 6301 Civil Term Client Jane E. Adams MatterRef From Jane Adams <esgadams @gmail.com> To "Hall, Marie" <mhall @ccpa.net >, "Stacy B. Wolf" <stacybwolf @embargmail.com> CC To Bcc To Reminders (days before) Follow N Done N Notify N Hide N Trigger N Private N Status Staff MatterNo Userl User2 User3 User4 Hi Marie - A hearing regarding the above - captioned case is scheduled for this afternoon at 1:30 pm. After discussion with Stacy Wolf, we are both agreeing to continue this matter. My client filed a petition to modify alimony in March 2013. We are stipulating that my client's request to terminate or modify alimony is still pending, but any modification or termination will only be considered as of January 15, 2014. My client waives his request to modify the alimony before that date. You indicated that the court has a hearing date of the afternoon of January 22, 2014 for the hearing. I am available that day. You had asked that Stacy confirm that date is going to fit with her schedule by a separate email. Thank you so much for considering our request to continue this, and provide us the additional opportunity to resolve the outstanding issues in this matter. Jane Jane Adams, Esquire Divorce, Support & Custody 17 W. South St. Carlisle, Pa. 17013 (717) 245 -8508 voice (717) 241 -2456 fax www.adamslaw.net 1 VERIFICATION I, the undersigned counsel for the Plaintiff, do hereby verify that the facts set forth in this motion are true and correct to the best of my knowledge and belief based upon information provided to me by the party whom I represent. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: May 30, 2014 tacy B. W . Esquire Counsel for ' aintiff STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241 -4436 ATTORNEY FOR PLAINTIFF ELIZABETH B. BERTRAM, f /k /a : IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW : NO. 06-6301 JOSEPH P. FERRARI, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Motion for Reconsideration upon the following person, by postage prepaid mail, addressed as follows: Jane E. Adams, Esquire 17 West South Street Carlisle, PA 17013 By: Date: May 30 , 2014 Respectfully submitted, WOLF WOLF tacy :. Wolf squire 10 West High : treet Carlisle, PA 17013 (717) 241 -4436 Supreme Court ID # 88732 Attorney for Plaintiff r THE PROTHOhO Ar ELIZABETH B. BERTRAM�/I/ -6 AM ^; ELIZABETH B. FERRARI, Plaintiff • CUMBERLAND COUN PENNSYLVANIA v. JOSEPH P. FERRARI, Count!) of 4umberianb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No- 6301 IL TERM Defendant IN DIVORCE IN RE: MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 5rday of June 2014, upon consideration of Plaintiff's Motion for Reconsideration, a RULE is issued upon Defendant to show cause why Plaintiff's motion should not be granted. In particular, Defendant should show cause why the stipulation of the parties, which stated that any termination or modification of alimony would only be considered as of 15 January 2014 and that Defendant waived his request to modify the alimony prior to that date, should not control such that the modification date of 15 April 2013 and the $4,900 offset are improper. PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT, Thomas A. Placey �D'stribution: Stacy B. Wolf, Esq. e E. Adams, Esq. t SES /'Z 'LEL I,/ / iy C.P.J. INCOME WITHHOLDING FOR SUPPORT o ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SIJPPORT (IWO) ® AMENDED IWO O ONE-TIMEORDER/NOTCE FOR LUMP SUM PAYMENT O TERMINATION OF IWO ��'�)0���M� _[/_'.`^ .~�._^ Date: 06/12/14 O Chhld Support Enforcement (CSE) Agency [8) Court 0 Attorne0 Prvate 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 nno/OMB'O97O-0154 instructions.pdf). If you receive this document from someone other than a State or TritiartgE agency or a Coprt,. a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvmo City/County/Dist./Tribe CUMBERLAND Remittance Identifier (include w/payment): 0057101796 Order Identifier: (See Addendum for order/docket information) CSE Agency Case Identifier: (See Addendum for case summary) SOCIAL SECURTY ADMINISTRATION STE 810 555 WALNUT ST HARRISBURG PA 17101-1903 Employer/Income Withholders FEIN Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: FERRARI, JOSEPI-1 P. Employee/Obligor's Name (Last, First, Middle) 009-30-6103 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 mxn:mwww.onrhhs.00v/pmoramsmoemonns/ owo'0970'0154jnu/rumionvvdO.|fyou 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. 2238100276 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 Iaw to deduct these amounts from the employee/ obligor's income until further notice. a 8 0.00 per month in currenchild support � 0.00 per month in past -due child support - Arrears 12 weeks or greater? � 0.00 per month in current cash medical support 8 0.00 per month in past -due cash medical support � 100.00 per rnonth in current spousal support � 0.00 per month in past -due spousal support � 0.00 per month in other (must specify) for a Total Amount to Withhold of $ 10.00 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: � 23.01 per weekly pay period. 50.00 per semimonthly pay period (twice a month) � 46.03 per biweekly pay period (every two weeks) $ 100.0Opermonthly 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) workinq 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 |innitotiono. time rmquirements, and any allowable employer fees at http:/k^x^wv.acf.hho.gov/progromo/ooa/newhie/emp|oyar/conbaoto/contact map. htm for the employee/obligors principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Service Type M Form EN -028 11/13 Worker ID $O|NC ❑ 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 Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: omas A. Place 4 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. 0 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: htto://www.acf, hhs.gov/programs/cse/newhi re/employer/contacts/contact nap. 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 -028 11/13 Service Type M Page 2 of 3 Worker ID $OINC ~ Employer's Name: SOCIAL SECURTY ADMINISTRATION Employer FEIN: Employeo/Ob|ignr'sNomo: FERRARI, JOSEPH P, 0057101798 CSEAgonoyOaoe|danbfiec(SeeAddmadmmrfbroaaeswnmnary) Onder|dendUec/SwwAdden6unrfbrmrden/dpckmt 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, Iocal 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 famiiy and 60% of the disposable Lncome 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 aliowod under the law of the issuing Tribe. For Tribal withholders who receive a State IWO, you may nowithhold 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 appHcable StateState or TribaHaw, you may need to also consider the amounts paid for health care premiums in determining disposable income and opplying appropriate withholding Iimits. 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 STATUSIf thiworked for you or you are no Tonger withholding income for this employee/obligor,an employer must prornptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2238100276 {] This person has never worked for this employer nor received periodic income. [J This person no Ionger works for this employer nor receives periodic income. Please provide the foliowing information for the employee/obligor: Termination date: Last known phone number: Last known address: Final PaymenDate To SDU/TribaI Payee: Final Payment Amount: New Employer's Namo: New Employer's Address: CONTACT INFORMATION: To Employer!Income Withholder: If you have any questions, contactWAGE ATTACHMENT UNIT (Issuer name) byphone et(717)24U-8225.byfax ad(717)24O-G248.byemail orwebsite at: vm^mv.ohi|dauoport.stata.paua. 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: Ifthe employee/obligor has questions, contactWAGE ATTACHMENT UNIT (Issuer name) byphone ot(717)%40-G225.byfax at(717)24U-8248.byemail nrwebsite otvwww.nhi|doupporto1oVe.po.us. IMPORTANT: The person completing this form is advised that the information may be shared with the OMB No.: 0970-0 54 Service Type M Page 3 of 3 Form EN -028 11/13 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FERRARI, JOSEPH P. PACSES Case.Number 475109005 Plaintiff Name ELIZABETH BERTRAM Docket Attachment Amount 06-6301 CV $ 100.00 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 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 -028 11/13 Worker ID $OINC JUN 20 P I: STACY B.WOLF,ESQUIRE ATTORNEY ID NO.88732 M a att L H H U L l 'ti 10 WEST HIGH STREET PENNSYLVANIA CARLISLE PA 17013 (717)241-4436 ATTORNEY FOR PLAINTIFF ELIZABETH B. BERTRAM, f/k/a : IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION -LAW : NO. 06-6301 JOSEPH P. FERRARI, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, hereby certify that I served a copy of the Order of Court In Re: Motion for Reconsideration dated June 5, 2014,as directed by the June 5, 2014 Order,in the above-captioned matter on the date indicated, upon the following individual,by United States First Class Mail: Joseph P. Ferrari 2 Peters Lane West Rutland,VT 15777 (Served June 9,2014) I / • 7 � .rir"� June - , 2014 t l Stacy B. o f Attorney Plaintiff • ELIZABETH B. BERTRAM, f/k/a : IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff C) e-., V. : CIVIL ACTION - LAW , c :NO. 06 - 6301 '- Cr) IN) cry JOSEPH P. FERRARI, : Defendant : IN DIVORCE , _ v c c? PETITION TO TERMINATE ALIMONY AND NOW COMES, Defendant, Joseph P. Ferrari, by and through his Attorney, Jane Adams, Esquire, and hereby files his request to terminate alimony and in support thereof, avers as follows: 1. Plaintiff is Elizabeth B. Bertram, an adult individual residing at 2015 Harvard Avenue, Camp Hill, Pennsylvania, 17011. She is represented by Stacy B. Wolf, Esquire 2. Defendant is Joseph P. Ferrari. He resides at 1904 Hamilton Ave., San Jose, California, 95125. He is represented by Jane Adams, Esquire. 3. Defendant is turning sixty-nine on August 13, 2014. 4. In April 2014, Defendant retired after an unsuccessful attempt to find employment after he moved with his Wife for her to pursue her employment opportunity in California. 5. Defendant is past a reasonable retirement age and he is unable to work full time due to his age, health and stress related to pursuing new full-time employment at this stage in life. 6. Defendant's income consists of$1550.00 in Social Security. 7. Defendant has extensive expenses, including sharing rent in the amount of$3000 a month in San Jose, California, and payments under his Bankruptcy Plan of approximately$681.00 per month. 8. Husband is currently ordered to pay Wife $100 per month in alimony. 9. The parties prior marriage settlement agreement provided alimony was modifiable if Husband's income fell below $100,000.00 per year. 10. Wife is currently able to support herself with employment and her income is actually now higher than Husband's. 11. A substantial change of circumstances has occurred since the last hearing, in that Husband has retired, and is unable to pursue employment due to his age, health, and job skills. 12. Husband requests that all alimony be terminated. Respectfully submitted, Date: ( 4.1 • I 114 J - A ams, Esq7e,- t . South St. rlisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 Attorney for Defendant CERTIFICATE OF SERVICE '4\ AND NOW, this Junec--,t) 014, I, Jane Adams, Attorney for Defendant, Joseph P. Ferrari,hereby certify that a copy of this MOTION is being forwarded contemporaneously with • this mailing to the following parties,by placing such in first-class mail, addressed to: Stacy B. Wolf, Esquire 10 W. High St. Carlisle, Pa. 17013 PLAINTIFF'S ATTORNEY . e Adams, squire i. No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ELIZABETH B. BERTRAM, i/kta : IN THE COURT OF COMMON PLEAS OF ELIZABETH)B. FERRARI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff sp.�= — V. : CIVIL ACTION - t.AW r. : NO. 06 - 6301 `" V�, JOSEPH P. FERRARI, c' . - Defendant : IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR RECONSIDERATION AND NOW COMES, Defendant. Joseph P. Ferrari, by and through his Attorney, Jane Adams, Esquire,and hereby responds to Plaintiffs request for reconsideration of the Order of May 20, 2014, entered in the above-captioned matter: 1. Admitted. 2. Denied. Defendant's address is: 1904 Hamilton Ave., San Jose, California,95125. Defendant indicated at the prior hearing that he moved to California. 3. Admitted. Defendant, who was self-represented at that time,filed a Petition for Termination of Alimony on April 15,2013. 4, Admitted. 5, Admitted. 6. Admitted,originally,hearing was scheduled for October 3,2013. 7. It is admitted that Defendant's counsel sent the email attached to Plaintiff's Petition for Reconsideration,addressed to court personnel. 8. It is admitted that Defendants counsel sent the email attached to Plaintiffs Petition for Reconsideration, addressed to court personnel. • 9. Admitted,after hearing on this matter, the court modified alimony as of April 15, 2013, the date of filing of Defendant's Petition to Terminate Alimony. 10. Admitted. 11. It is denied that the court erred. Extensive testimony was presented regarding the numerous intertwined and complex issues in this case. Defendant defers to the infinite wisdom in its decision, and assumed that it was within the Court's discretion to overrule stipulations of the parties once the parties requested a hearing on the complex issues involved. 12. it is denied that the court erred. Extensive testimony was presented regarding the numerous intertwined and complex issues in this case. Defendant defers to the infinite wisdom in its decision, and assumed that it was within the Court's discretion to overrule stipulations of the parties once the parties requested a hearing on the complex issues involved. 13. Defendant does not agree with the relief requested. Defendant defers to the court's prior decision. 14. Admitted, Defendant did not concur. Respectfully submitted, Date: B AO .� .�a/_. ,=i ((i if. • -dams. squire South St. C lisle, Pa. 17013 17) 245-8508 I.D.No. 79465 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this Jun ., 2 14, I, Jane Adams. Attorney for Defendant.Joseph P. Ferrari, hereby certify that a copy of this RESPONSE is being forwarded contemporaneously with this mailing to the following parties, by placing such in first-class mail, addressed to: Stacy B. Wolf Esquire 10 W. High St. Carlisle, Pa. 17013 PLAINTIFF'S ATTORNEY ob . Jan • dams, Es..ure 1.II , o. 79465 17 . South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ELIZABETH B. BERTRAM, f/k/a ELIZABETH B. FERRARI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 06 - 6301 JOSEPH P. FERRARI, AND NOW, this Defendant : IN DIVORCE I57. day of ORDER regarding Defendant's Petition to Terminate Alimony is scheduled for the S'el-Ad6A4A4-^- , 2014, a hearing ' L-^ day of , 2014, at 10. 00 A.M.M1M in Courtroom No. 5'`X of the Cumberland County Courthouse in Carlisle, Pennsylvania. By the Court: mas A, Placey Corn on Pleas Judge cc: 4' Y Wolf�q Stac B. Esquire, for Plaintiff Jane Adams, Esquire, for Defendant C'D 1'Cs 7/10 4/ C.7 STACY B.WOLF,ESQUIRE 10 WEST HIGH STREET CARLISLE PA 17013-2922 C r (717)241-4436 `' -' r ; SUPREME COURT I.D.No.88732 _ ATTORNEY FOR PLAINTIFF PE SYLVAklf w ELIZABETH B.BERTRAM,formerly :IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. :CIVIL ACTION-LAW NO.06-6301 JOSEPH P.FERRARI, :IN DIVORCE Defendant MOTION TO MAKE RULE ABSOLUTE NOW COMES the Plaintiff, Elizabeth B. Bertram, f/k/a Elizabeth B. Ferrari,by and through her attorney, Stacy B. Wolf, Esquire, and submits this motion to make rule absolute,and in support thereof, avers as follows: 1. Defendant filed a Petition for Termination of Alimony on April 15, 2013. 2. Following a hearing, the Court issued an Order dated May 20, 2014, modifying alimony as of April 15, 2013. 3. On May 30, 2014, Plaintiff filed a Motion for Reconsideration. 4. On June 5, 2014, the Court issued a Rule upon Defendant to show cause,with a twenty day return from the date of service,why the relief requested should not be granted. 5. Plaintiff served Defendant with the Court's June 5, 2014 Order and filed a Certificate of Service with the Court on June 20, 2014. 6. On June 25, 2014, Defendant filed a Response to Plaintiffs Motion for Reconsideration, failing to show cause why the stipulation of the parties should not control. WHEREFORE, Plaintiff Elizabeth B. Bertram,respectfully requests this Honorable Court to make the rule issued on June 5, 2014 Absolute and enter an Order modifying the May 20, 2014 Order of Court as follows: 1. Paragraph 2 shall now read: Defendant is ORDERED to pay alimony at the reduced rate of$100.00 per month as of January 15, 2014; 2. Paragraph 3 shall now read: The request for reimbursement of the $4,900.00 in alimony paid to Plaintiff since the first quarter of 2012 is DENIED;however, the amount of excess alimony at the rate of$200.00 per month paid by Defendant beginning January 15, 2014 shall be applied to the outstanding balance owed by Defendant to Plaintiff pursuant to the Order of Court dated 12 March 2013; and 3. to grant such additional relief that the Court deems appropriate and just. Respectfully submitted WOLF &WOLF Date: September 2014 BY: Stacy B. W f, Esquire 10 West Hi Street Carlisle,PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff ELIZABETH B.BERTRAM,formerly :IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, :CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : CIVIL ACTION-LAW NO.06-6301 JOSEPH P. FERRARI, :IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Stacy B. Wolf,Esquire,attorney for Plaintiff, do hereby certify this day that I served a copy of the foregoing Motion to Make Rule Absolute upon the following by hand delivery addressed as follows: Jane E. Adams, Esquire 17 West South Street Carlisle, PA 17013 Date: September lc;2 2014 Stacy B. Wo , squire Attorney for laintiff ELIZABETH B. FERRARI, Plaintiff v JOSEPH P. FERRARI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • : THE NINTH JUDICIAL DISTRICT : CIVIL ACTION - LAW 06-6301 CIVIL TERM IN RE: PETITION TO TERMINATE ALIMONY ORDER OF COURT AND NOW, this 12th day of September, 2014, following hearing on Defendant's Petition to Terminate Alimony, the matter is taken under advisement. The parties are each given 30 days to provide the Court with calculations of the purported outstanding balance owed to Plaintiff by Defendant pursuant to this Court's order of March 12, 2013. Further, defense counsel is given to that same date to reply to the motion to make rule absolute. By the Co r/5(aCy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 .,./‹.e Adams, Esquire 17 West South Street Carlisle, PA 17013 :mae CO-: Iseg LCci-J VitoPy -1 Thomas A. Placey C.P.J. ELIZABETH B. BERTRAM, f/k/a : IN THE COURT OF COMMON PLEAS OF ELIZABETH B. FERRARI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • (-)• V. : CIVIL ACTION - LAW rT co p fry : NO. 06 - 6301 �rn rput r,= con r _... 73•_ c rA css CD JOSEPH P. FERRARI, : Defendant : IN DIVORCE y _ i DEFENDANT'S RESPONSE TO _'4 IN) PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW COMES, Defendant, Joseph P. Ferrari, by and through his Attorney, Jane Adams, Esquire, and hereby responds to Plaintiff's request for reconsideration of the Order of May 20, 2014, entered in the above-captioned matter: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted, and the parties agreed to an extension until October 17, 2014. 5. Admitted. 6. Denied. Defendant responded to the Rule. The fact that Plaintiff does not agree with the court's prior Order or the reasons presented at hearing and in the Response to the Rule does not justify automatic entry of the Rule Absolute. Only this Honorable Court can determine if the Defendant has failed to show cause. 7. Defendant's reasons as to why the Motion to Make Rule Absolute as put forth herein and previously are as follows: (a)Defendant respects and defers to this Honorable Court's wise judgement in that its decisions may supercede all agreements made between counsel once this case proceeded a hearing. • (b)Defendant testified extensively regarding his bankruptcy and financial situation, which has continually and drastically deteriorated since the filing of the petition. (c)Defendant filed for bankruptcy, and certain obligations as per the marriage settlement agreement will be discharged upon completion of the Plan. (d)Defendant testified regarding the fluctuating values of the investments accounts, which had substantially decreased at the time of the cash out. Said funds no longer exist due to the market crash. Due to neither party withdrawing the funds from the Kaval account, the value decreased 50% and did not exist since approximately 2008. WHEREFORE Defendant respectfully requests this Honorable Court dismiss the Rule. Respectfully submitted, Date: \„\ A\.\\\ I J. : • dams, Esquire . South St. C.,lisle, Pa. 17013 17) 245-8508 I.D. No. 79465 Attorney for Defendant f s FILED -OF THE PROTNONO TAR 2014 OCT 31 PH 2: 37 CUMBERLAND COUNTY PENNSYLVANIA ELIZABETH B. BERTRAM, f/k/a ELIZABETH B. FERRARI, Plaintiff v. JOSEPH P. FERRARI, County of €umberioab IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT adoto. x-6301 CIVIL TERM Defendant IN DIVORCE IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 31st day of October 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, Plaintiff's Motion is GRANTED. The 20 May 2014 Order of Court shall remain in full force and effect subject to the following modifications: 1. Paragraph 2 shall now read: Defendant is ORDERED to pay alimony at the reduced rate of $100 per month as of January 15, 2014. 2. Paragraph 3 shall now read: The request for reimbursement of the $4,900.00 in alimony paid to Plaintiff since the first quarter of 2012 is DENIED; HOWEVER, THE AMOUNT OF EXCESS ALIMONY AT THE RATE OF $200.00 PER MONTH PAID BY Defendant beginning January 15, 2014 shall be applied to the outstanding balance owed by Defendant to Plaintiff pursuant to the Order of Court dated 12 March 2013. Additionally, at this date, it is determined that the outstanding balance owed to Plaintiff by Defendant is $15,972.50, calculated as follows: 1. $13,259 from the Fidelity and Kaval account balances as they existed as of 27 February 2008. NO INTEREST IS GRANTED TO PLAINTIFF ON THE DEPLETED ACCOUNTS. 2. Attorney's fees in the amount of $3,713.50 3. $1,000 shall be credited toward the outstanding balance for excess alimony paid from 15 January 2014 through 15 May 2014 Thomas . Placey C.P.J. D) tribution: ../St r B. Wolf, Esq. ane E. Adams, Esq. es PatU.) /41/Ay