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HomeMy WebLinkAbout06-7052r RHONDA LEA YOUNG, Plaintiff VS. JOHN ANDREW YOUNG, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.OL -Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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 of Cumberland County, Cumberland County Courthouse, 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, PA 17013 (717) 249-3166 1-800-990-9108 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Rhonda Lea Young RHONDA LEA YOUNG, Plaintiff vs. JOHN ANDREW YOUNG, SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. C& - Civil Term CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Rhonda Lea Young, an adult individual whose current address is 12 North Old Stone House Road, Carlisle, Cumberland County, Pennsylvania 17013, and whose social security number is 180-62-8508. 2. The Defendant, John Andrew Young, Jr. an adult individual, whose current address is 1144 South Mountain Road, Dillsburg, York County, Pennsylvania 17019, and whose social security number is 192-48-4627. 3. Plaintiff and Defendant were married on June 16, 1985 in New Kingston, Pennsylvania. a r_ 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There is two children born of the marriage; however, neither child is a minor. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. CLAIM FOR EQUITABLE DISTRIBUTION 11. Paragraphs One (1.) through Ten (10.) of the foregoing Complaint are incorporated herein and made a part hereof by reference. 12. Plaintiff hereby avers that Plaintiff and Defendant are the joint owners of real estate which is subject to equitable distribution by your Honorable Court. 13. Plaintiff further avers that Plaintiff and Defendant are the joint owners of personal property, household furnishings, and numerous other items which are subject to equitable distribution by your Honorable Court. 14. Plaintiff hereby avers that Husband has accumulated benefits through his employment with the Commonwealth of Pennsylvania which are subject to equitable distribution by your Honorable Court. WHEREFORE, Plaintiff respectfully prays your Honorable Court to equitably distribute all marital assets between the parties. CLAIM FOR ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES, COSTS AND EXPENSES 15. Paragraphs One (1.) through Fourteen (14.) of the foregoing Complaint are incorporated herein and made a part hereof by reference. 16. Plaintiff hereby avers that she does not have sufficient funds in which to support herself during the dependency of this action. 17. Plaintiff hereby avers that Defendant does have sufficient funds to support her during the dependency of this action. 18. Plaintiff hereby avers that she does not have sufficient funds to support herself upon the conclusion of the divorce or to pay attorneys fee, costs and expenses incidental with this divorce action. 19. Plaintiff hereby avers that Defendant does have sufficient funds in which to support her after the conclusion of the divorce as well as to pay Plaintiff's attorneys fees, costs and expenses incidental with this divorce action. WHEREFORE, Plaintiff respectfully prays your Honorable Court to order the Defendant to pay alimony pendente lite, alimony, attorney's fees, costs and expenses. Respectfully submitted, BY. lane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: December 5, 2006 VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: e /I Oqaoo ,? vCr°'d c ? ?I 0 0 0 (/ a 01 - am { ? _ ' y _ L:t LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Rhonda Lea Young: RHONDA LEA YOUNG Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. JOHN ANDREW YOUNG, SR., Defendant TO THE PROTHONOTARY: No. 06-7052 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please reinstate the enclosed Complaint in Divorce for service upon the Defendant, John Andrew Young, Sr. Date: Respectfully submitted, Diane M. Di s, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 u> C17 t LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Rhonda Lea Young RHONDA LEA YOUNG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No.06-7052 Civil Term JOHN ANDREW YOUNG, SR., CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, John Andrew Young, Sr., Defendant above named, hereby accept service of the reinstated Complaint in Divorce Under Section 3301(c) of the Divorce Code in the office of Diane M. Dils, Esquire, 1400 North Second Street, Harrisburg, Pennsylvania and acknowledge that I have received a certified copy of said document on the OV day of February 2007. E J DATE: a??3/a C`? ? ? a -r? r ? ?; ?? . _ ,'.. . ? 1•? .• ti.,.. ? t.+.,? __? ? ? i ? %? ?" ?? RHONDA LEE YOUNG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. * NO. 06-7052 JOHN ANDREW YOUNG, SR., Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER John A. Young, Sr., Defendant, moves the court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) Plaintiff has appeared in the action through her attorney, Diane Dils, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. §§ 3301(c) and (d). (4) Delete the inapplicable paragraph(s): (a) The aetion is not . (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Distribution of Property. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: 57-06 Timothy J. s re WILEY, LENOX, COLGAN & MARZZACCO, P.C. Attorney for Defendant ORDER APPOINTING MASTER AND NOW, this day of , 2007, , Esquire is appointed master with respect to the following claims: By the Court: J. " a C ? -'? r?r,? ? i ? .-?r'? y ? ? ?? , _ - - ? ?L.?-t `? 2- FEB 0 8 2008 dy ORDER APPOINTING MASTER A AND NOW, thin I day of, 2016p, e. )2 Aa &4)ek Esquire is appointed mas>jer with respect to the followin laims: 4A.- 4CC&-.6( GZn6-4,`C, RHONDA LEE YOUNG, * IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. * NO. 06-7052 JOHN ANDREW YOUNG, SR., Defendant * CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER John A. Young, Sr., Defendant, moves the court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony! ( ) Counsel Fees ( ) Alimony] Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) Plaintiff has appeared in the action through her attorney, Diane Dils, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. §§ 3301(c and (d . (4) Delete the inapplicable paragraph(s): (a) The acti6n is not eentested. (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Distribution of Property. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. 2- S-ob Date: Timothy J. s re WILEY, LENOX, COLGAN & MARZZACCO, P.C. Attorney for Defendant B t Court: v? Pat J. I 1?? ?- sc L.r) cn C 3 C= Co P C % Co = s ?J1 (" ? ? -fJ ? y.. ? 4 __L[ 11ee L4j LL i - x" _ rn Ll- - r _ W ?.. v Q -c FS LAW OFFICE OF DILS & DILS DIANE M. DILS, ESQUIRE 1400 North Second Street First Floor Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attorney for :Plaintiff, Rhonda Lee Young RHONDA LEE YOUNG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.06-7052 Civil Term JOHN ANDREW YOUNG, SR.: CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY AND APPRAISEMENT OF RHONDA LEE YOUNG Plaintiff files the following Inventory and Appraisement of all property owned or possessed by either party at the time of this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 PA §4904 relating to unsw^ a fication of authorities. .f Diane M. Dils, Esquire Attorney for Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the appraisal report is attached. ( X ( X ( ( ( X ( X ( ( ( 1 2 3 4 5 Real Property Motor Vehicles Stocks, Bonds, Securities and Options Certificates of Deposit Checking Accounts, Cash Savings Accounts, Money Market and Savings Certificates Contents of Safe Deposit Boxes 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. ( ) 16. ( ) 17. ( ) 18. ( X ) 19 ( ) 20 ( ) 21 Trusts Life Insurance Policies, (Indicates face value, cash surrender value and current Beneficiaries) Annuities Gifts Inheritances Patents, Copyrights, Inventions, Royalties Personal property outside of the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - Severance Pay, Workman's Compensation Claim/Award Profit Sharing Plans Pension Plans (Indicate employee contribution and date plan vests) Retirement Plans, Individual Retirement Accounts Disability Payments Litigation Claims (Matured and Un-matured) ( ) 22. Military/V.A. Benefits ( ) 23. Education Benefits ( X ) 24. Debts due, including loans, mortgages held ( X ) 25. Household furnishings and personalty (include as a total category and attach itemized list of distribution) ( ) 26. Other Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire ATTORNEYS AT LAW Harrisburg, PA 17102 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have alegal or equitable interest individually or with any other person as of the date this action was commenced. ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS H.W.J DATE OF ACQUISITION CURRENT VALUE OF ASSET AMOUNT OF LIEN 1 1144 S. Mountain Road $ 40,418.29 Dillsburg, PA J D/M-D/S Unknown $ 65,574.38 2 2002 Ford Explorer XLT W D/M-D/S $ 6,800.00 $ 11,961.00 (Paid Off With Home Equity Loan) 3 1994 Ford Ranger H D/M-D/S $ 1,000.00 $ - 4 SERS H D/M-D/S $ 215,881.00 $ - 5 Honda Motorcycle H D/M-D/S $ 1,500.00 $ - 6 New Household Furniture (His Possession) J Pre-Separation $ 5,000.00 $ 4,784.00 (Paid Off With Home Equity Loan) 7 New Dishwasher, Dryer & Stove (His Possession) J Pre-Separation $ 4,070.64 8 Bank Account H Pre-Separation Unknown $ - 9 IRA H Pre-Separation Unknown $ - 10 11 12 13 14 TOTAL MARITAL PROPERTY Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire ATTORNEYS AT LAW Harrisburg, PA 17102 LIABILITIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date acttion was commenced: ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL CREDITORS NAMES OF ALL DEBTORS H,W,J AMOUNT OF LIABILITY Approx. Total 1 Home Equity/Real Estate Beneficial J $ 138,000.00 2 Includes; Payoff of: Wife's Ford Explorer $ 11,400.00 New Furniture - His Possession $ 4,784.00 New Appliances - His Possession $ 4,070.64 5 6 7 8 9 .10 11 12 13 14 Total Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire ATTORNEYS AT LAW Harrisburg, PA 17102 PROPERTY TRANSFERRED Plaintiff lists all marital property in which either or both spouses have legal or equitable interest individually or with any other person and which has been transferred within the preceding three years. ITEM # DESCRIPTION OF PROPERTY DATE OF TRANFER CONSIDERATON AMOUNT OF ANY LIEN AT DATE OF TRANSFER PERSON TO WHOM TRANSFERRED 1 IRA Dissolved, Citigroup - Smith Barney Post Separation Received $940.13 $ - W 2 3 4 5 6 7 8 9 10 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Inventory and Appraisement has been served upon the following individual(s) by first class, United States mail, postage prepaid, by depositing the same at the post office in Harrisburg, Pennsylvania on the day of March, 2008 addressed as follows: E. Robert Elicker, II, Esquire Timothy J. Colgan, Esquire Divorce Master Wiley, Lenox Colgan & Marzzacco, P.C. Cumberland County The Wiley Group Court of Common Pleas 130 W. Church Street, Suite 100 9 North Hanover Street Dillsburg, PA 17019 Carlisle, PA 17013 Respectfully submitted, BY: Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 p C-' `'-' C?D p 73 c _.? it? ? (t'i RHONDA LEE YOUNG, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 06-7052 * JOHN ANDREW YOUNG, SR., Defendant * CIVIL ACTION - LAW IN DIVORCE Diane Dils, Esquire Timothy J. Colgan, Esquire Attorney for Plaintiff Attorney for Defendant 1400 North Second Street 130 W. Church Street, Suite 100 Street Address Street Address Harrisburg, PA 17102 Dillsburg, PA 17019 City - State - Zip Code City - State - Zip Code (717) 233-8743 (717) 432-9666 Phone Number Phone Number INVENTORY OF John A. Young, Sr. (DEFENDANT) Defendant files the following Inventory and Appraisement of all property owned or possessed. by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Defendant verifies that the statements made in this Inventory and Appraisement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to jlWworn falsification} to authorities. A. ASSETS OF THE PARTIES Defendant marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property (X) 2. Motor vehicles ( ) 3. Stock, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of Safe Deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value, and current certification) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage (%) of ownership, and officer/director positions held by a party with the company) ( ) 16. Employment termination benefits; severance pay, Workman's Compensation (claim/award) ( ) 17. Profit Sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement Plans, Individual Retirement Accounts ( ) 20. Disability Payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due others, including loans, mortgages held (X) 25. Household Furnishings and Personalty (Include as a Total Category and attach an itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY Defendant lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 1 2 2 DESCRIPTION OF Marital Residence at 2002 Ford Explorer 1994 Ford Ranger PROPERTY 1144 S. Mountain XLT Road, Dillsburg NAMES OF ALL Rhonda Young and Rhonda Young and Rhonda Young and OWNERS John Young, Sr. John Young, Sr. John Young, Sr. MARITAL PROPERTY Defendant lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 18 19 25 DESCRIPTION OF State Employee IRA Household Goods PROPERTY Retirement System Pension NAMES OF ALL John Young, Sr. Rhonda Young Rhonda Young and OWNERS John Young, Sr. MARITAL PROPERTY Defendant lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS MARITAL PROPERTY Defendant lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS MARITAL PROPERTY Defendant lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM NUMBER DESCRIPTION OF PROPERTY NAME OF ALL OWNERS BASIS FOR EXCLUSION FROM MARITAL PROPERTY PROPERTY TRANSFERRED Defendant lists all property in which either or both spouses has a legal or equitable interest, individually or with any other person, and which has been transferred within the preceding three (3) years: ITEM NUMBER DESCRIPTION OF PROPERTY DATE OF TRANSFER CONSIDERATION TRANSFEREE LIABILITIES OF THE PARTIES Defendant lists all liabilities of either or both spouses alone or with any person as of the date this action was commenced: ITEM NUMBER 24 24 DESCRIPTION OF Mortgage against Judgment LIABILITY Marital Residence NAMES OF ALL Beneficial Saidis, Flower & CREDITORS Lindsay NAMES OF ALL Rhonda Young and Rhonda Young and DEBTORS John Young, Sr. John Young, Sr. LIABILITIES OF THE PARTIES Defendant lists all liabilities of either or both spouses alone or with any person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF LIABILITY NAMES OF ALL CREDITORS NAMES OF ALL DEBTORS J ev i ?? r-n IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Rhonda L Young v. John A. Young, Sr. - D.R.O. NO. DOCKET NO. 06-7052 OTHER REF NO. INCOME AND EXPENSE STATEMENT OF JOHN A. YOUNG, SR. ADDRESS: 1144 South Mountain Road Dilllsburg, PA 17019 ATTORNEY: Timothy J. Colgan, Esquire 130 W. Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 PHONE: 787-2157 SECTION I : INCOME AND INSURANCE INFORMATION INSTRUCTIONS: THIS SECTION MOST BE FULLY COMPLETED. IF YOU ARE NOT PRESENTLY EMPLOYED, THE EMPLOYER INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM YOUR LAST JOB. INCOME: CURRENT OR LAST EMPLOYER: Commonwealth of Penns Ivania Department of the Treasury PAYROLL ADDRESS: 1 A*AIS 0491 1712 POSITION HELD: . $sfu}OiL Qfl(+2A36JL RATE OF PAY/FREQUENCY: $ a1. i HOW PAID: (CIRCLE OAE) WEEKLI*./ BIWEEKLY / MONTHLY / SEMI-MONTHLY / OTHER IF LAST JOB: DATE LEFT JOB REASON FOR LEAVING GROSS PAY PER PERIOD: ITEMIZED PAYROLL DEDUCTIONS: FEDERAL WITHHOLDING SOCIAL SECURITY (& MEDICARE) LOCAL WAGE TAX STATE INCOME TAX MANDATORY RETIREMENT HEALTHINSURANCE OTHER (SPECIFY) jjN.xOAf I'?uc`S uAC lo` Co'np NET PAY PER PAY PERIOD $ 1765,50 $ WQ-7 $ _xq. 117 $ a1 ?1 $ 1X+.$9 (REQUIRED MINIMUM % $ / . c3 $ a5.S8 $ 1.53 $ Z•0? $ Z5 OTHER INCOME: WEEK MONTH (FILL IN APPROPRIATE COLUMN) INTEREST DIVIDENDS PENSION ANNUITY SOCIAL SECURITY RENTS UNEMPLOYMENT COMP. WORKMENS COMP. IRA TIP ALIMONY (RECOD.) TOTAL $ YEAR PROPERTY OWNED: OWNERSHIP DESCRIPTION VALUE H W J CHECKING ACCTS S ?/ • / _ _ SAVINGS ACCTS. CREDIT UNION STOCK/BONDS REAL ESTATE BUSINESS $ ---- S TOTAL $ INSURANCE (COVERING DEPENDENTS IN THIS CASE): COMPANY AND CLAIMS ADDRESS HOSPITAL BLUE CROSS Up"fq-' vlot C?dS? OTHER MEDICAL BLUE SHIELD OTHER HEALTH/ACCIDENT DISABLITY COVERAGE GROUP # POLICY# H W C PFQ34 l FP vuys s ?1?ra ? / ? DENTAL CSoN?o RD _? _ OTHER /hEpCO - Pl1F R Dr(p?/ t'FBT?t 07s aa13S3Y? *H=HUSBAND, W=WIFE, J=JOINT, C=CHILD I VERIFY THAT THE STATEMENT MADE IN THIS INCOME AND EXPENSE STATEMENT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMEN EREIN ARE M E SUBJECT TO PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIE . SIGNATURE: DATE: a t (/ -iq 7 _ I SECTION III: EXPENSES INSTRUCTIONS: 1. ONLY SHOW EXTRAORDINARY EXPENSES IN THIS SECTION, UNLESS 2. APPLIES TO YOU. 2. IF YOU ARE REQUESTING SPOUSAL SUPPORT/APL OR IF YOU ASSERT YOUR CASE CANNOT BE DETERMINED ACCORDING TO THE GUIDELINE GRIDS OR FORMULA, THIS SECTION MUST BE FULLY COMPLETED. NUMBER OF PERSONS IN HOUSEHOLD AND AGES OF SAME MONTHLY EXPENSES MONTHLY EXPENSES SELF CHILDREN SELF CHILDREN HOME EDUCATION MORTGAGE/RENT 1330.00 PRIVATE SCHOOL MAINTENANCE rvava PAROCHIAL SCHOOL UTILITIES COLLEGE ELECTRIC I RELIGIOUS _ GAS PERSONAL OIL CLOTHING d6 TELEPHONE/DSL ?1.1D FOOD WATER/SEWER BARBER/HAIRDRESSER CREDIT PAYMENTS EMPLOYMENT CREDIT CARDS ?A•CA PUBLIC TRANSIT (PARKING) CHARGE ACCOUNT LUNCH MEMBERSHIPS TAXES LOANS REAL ESTATES CREDIT UNION PERSONAL PROPERTY INCOME INSURANCE -- HOMEOWNERS MISCELLANEOUS AUTOMOBILE io HOUSEHOLD HELP LIFE Trip CHILD CARE ACCIDENT PAPERS/BOOKS/MAGS HEALTH 3V. [2 ENTERTAINMENT OTHER PAY TV 00 AUTOMOBILE VACATION PAYMENTS l .00 GIFTS FUEL •0 LEGAL FEES REPAIRS/ MAINTENANCE O CHARITABLE CONTRIB. MEDICAL OTHER CHILD SUPPORT DOCTOR 5.00 ALIMONY PAYMENTS DENTIST ORTHODONTIST OTHER: HOSPITAL MEDICINE THERAPY SPECIAL NEEDS (GLASSES, BRACES, ORTHOPEDIC DEVICES, F,TC.) , , l1Z TOTAL MONTHLY EXPENSES SECTION II: SUPPLEMENT INCOME STATEMENT INSTRUCTIONS: IF YOU ARE SELF-EMPLOYED OR IF YOU ARE SALARIED BY A BUSINESS OF WHICH YOU ARE OWNER IN WHOLE OR IN PART, YOU MUST ALSO FILL OUT THIS SECTION. THIS FORM IS TO BE FILLED OUT BY A PERSON (CHECK ONE) (1) WHO OPERATES A BUSINESS OR PRACTICES A PROFESSION, OR (2) WHO IS A MEMBER OF A PARTNERSHIP OR JOINT VENTURE, OR (3) WHO IS A SHAREHOLDER IN AND IS SALARIED BY A CLOSED CORPORATION OR SIMILAR ENTITY B. ATTACH TO THIS STATEMENT A COPY OF THE FOLLOWING DOCUMENTS RELATING TO THE PARTNERSHIP, JOINT VENTURE, BUSINESS, PROFESSION, CORPORATION OR SIMILAR ENTITY (1) THE MOST RECENT FEDERAL INCOME TAX RETURN AND (2) THE MOST RECENT PROFIT AND LOSS STATEMENT. 1. NAME OF BUSINESS ADDRESS TELEPHONE NUMBER(S) 2. NATURE OF BUSINESS (CHECK ONE) (1) PARTNERSHIP (2) JOINT VENTURE (3) PROFESSION (4) CLOSED CORPORATION (5) OTHER 3. NAME OF ACCOUNTANT, CONTROLLER OR OTHER PERSON IN CHARGE OF FINANCIAL RECORDS: 4. ANNUAL INCOME FROM BUSINESS: (1) HOW OFTEN IS INCOME RECEIVED? (2) GROSS INCOME PER PAY PERIOD: (3) NET INCOME PER PERIOD? (4) SPECIFIED DEDUCTIONS, IF ANY: :gk I f LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1017 North Front Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Rhonda Lee Young RHONDA LEE YOUNG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. NO. 06-7052 JOHN ANDREW YOUNG, SR. CIVIL ACTION - LAW Defendant IN DIVORCE PETITION TO WITHDRAW AS COUNSEL ?` AND NOW, this 7 day of August, 2008, comes Diane M. Dils, Esquire, the attorney of record for the Plaintiff, Rhonda Lee Young, and respectfully avers the following: 1. Your Petitioner is Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17102. 2. Your Petitioner is the attorney of record for the above-named Plaintiff, Rhonda Lee Young. The Plaintiff, Rhonda Lee Young is an adult individual currently residing at 1351 W. Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant, John Andrew Young, Sr., is an adult individual represented by Attorney Timothy J. Colgan in connection with the above-captioned divorce action. Attorney Colgan's address is 130 W. Church Street, Suite 100, Dillsburg, Pennsylvania 17019. 4. The above-captioned divorce action is currently scheduled for a Pre- Hearing Conference before the Divorce Master, E. Robert Elicker, II, on September 26, 2008 at 9:30 a.m. 5. Your Petitioner has written to the Plaintiff, Rhonda Lee Young, on March 11, 2008, June 19, 2008 and July 10, 2008, requesting certain documentation as well as payment of fees required for continued representation in the above-captioned divorce action. 6. The Plaintiff, Rhonda Lee Young, has failed to respond to your Petitioner in any way. 7. The Plaintiff, Rhonda Lee Young, has failed to return certain documentation to your Petitioner as required in connection with the appointment of a Divorce Master in her divorce case. 8. The Plaintiff, Rhonda Lee Young, has failed to make any payments whatsoever in connection with attorney's fees and the appointment of the Divorce Master, preparation for said Pre-Hearing Conference, preparation of Inventory and Appraisement Statement, preparation of Pre-Trial Statement, etc. 9. Your Petitioner had recommended to the Plaintiff certain organizations which may be able to assist her in connection with the pending divorce action as a result of her inability to pay reasonable attorneys fees. 10. The Plaintiff, Rhonda Lee Young, has failed to respond to your Petitioner since March of 2008. 11. Your Petitioner is unable to adequately represent the Plaintiff before a Divorce Master as a result of the Plaintiff's failure to cooperate. 12. Your Petitioner is unaware as to whether the Defendant through his attorney is in concurrence with this Petition to Withdraw as Counsel. 13. Neither the Plaintiff nor the Defendant will be harmed by permitting your Petitioner to withdraw as counsel in that the Pre-Hearing Conference is not scheduled until September 26, 2008, approximately forty-five (45) days from the filing of this Petition. 14. A copy of this Petition to Withdraw has been faxed to counsel for the Defendant, John Andrew Young, Sr. on Thursday, August 7, 2008. 15. The Plaintiff, Rhonda Lee Young, has sufficient time to obtain another attorney to represent her in this matter. WHEREFORE, your Petitioner, Diane M. Dils, Esquire, respectfully prays your Honorable Court to grant her request to withdraw as counsel on behalf of the Plaintiff, Rhonda Lee Young. Respectfully submitted, BY: 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION I verify that the statements made in this Petition to Withdraw as Counsel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: g/ -) log CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition to Withdraw as Counsel has been served upon the following individuals by first class, Certified Mail mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the 7 day of August, 2008 addressed as follows: Rhonda Lee Young 1351 W. Trindle Road Carlisle, PA 17013 SENT CERTIFIED MAIL ARTICLE NO. 7007 2680 0002 3820 9151 Date: Y/ -) /or Timothy J. Colgan, Esquire The Wiley Group 130 W. Church Street, Suite 100 Dillsburg, PA 17019 SENT CERTIFIED MAIL ARTICLE NO. 7007 2680 0002 3820 9134 Sent via fax (717) 502-5050 Respectfully submitted, Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 C"? °?n _ ? ?" ? ?? ? ? ?? ? ~ `? ?=t s ?* a? RHONDA LEE YOUNG, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-7052 CIVIL JOHN ANDREW YOUNG, SR., DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 12th day of August, 2008, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before September 2, 2008; 3. The Prothonotary will forward said Answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will determine if a hearing or further Order of Court is needed. By the Court, - 14c? UA M. L. Ebert, Jr., J. Xne M. Dils, Esquire Petitioner ,R-h"'onda Lee Young, Plaintiff J X ?/ imothy J. Colgan, Esquire Attorney for Defendant bas : ?d z t ony sooz 30 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 RHONDA LEE YOUNG : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-7052 JOHN ANDREW YOUNG, SR.: CIVIL ACTION - LAW Defendant MOTION TO MAKE RULE ABSOLUTE AND NOW5 this day of September, 2008, comes Diane M. Dils, Esquire and respectfully avers the following: 1. Your Movant is Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, Harrisburg, Pennsylvania 17102. Your Movant is the attorney of record for the Plaintiff, Rhonda Lee Young. 2. The Defendant, John Andrew Young, Sr., is represented by Timothy J. Colgan, Esquire, whose office is located at 130 W. Church Street, Suite 100, Dillsburg, PA 17019. 3. On or about August 7, 2008 a Petition to Withdraw as Counsel was filed with the Cumberland County Court of Common Pleas by your Movant. 4. An Order was entered August 12, 2008 by The Honorable M.L. Ebert, Jr. requiring the parties to file an Answer on or before September 2, 2008. 5. Said Order of Court set forth distribution to the Plaintiff, Rhonda Lee Young and Counsel for the Defendant, Attorney Timothy J. Colgan. 6. In addition to Your Honorable Court distributing the Order entered August 125 2008, your Movant, Diane M. Dils, Esquire, forwarded a copy of the Order directly to Attorney Timothy J. Colgan by regular mail and a copy of said Order was further forwarded to the Plaintiff, Rhonda Lee Young, by Certified Mail. As of the filing of this Motion, the said Plaintiff, Rhonda Lee Young has failed to pick up the Certified Mail and your Movant has not received the Return Receipt Card. 7. As of the filing of this Motion, your Movant has not received any Answers filed by the Plaintiff, Rhonda Lee Young or Counsel for the Defendant, Timothy J. Colgan, Esquire. 2 8. Pursuant to the Order of Court entered August 12, 2008, it is respectfully requested that the Rule be made Absolute and that your Movant, Diane M. Dils, Esquires, be permitted to withdraw as attorney for the Plaintiff, Rhonda Lee Young. WHEREFORE, your Movant, Diane M. Dils, Esquire, respectfully prays Your Honorable Court to grant said Motion. Respectfully submitted, BY: Diane M. s, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 3 VERIFICATION I verify that the statements made in this Motion to Make Rule Absolute 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. 4 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Motion to Make Rule Absolute has been served upon the following individuals by first class United States mail„ postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the day of September, 2008, addressed as follows: Rhonda Lee Young 1351 W. Trindle Road Carlisle, PA 17013 Date: ql?11(12f Timothy I Colgan, Esquire 130 W. Church Street, Suite 100 Dillsburg, PA 17019 Respectfully submitted, B rf iane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 ;...., k '„''^! ?` `. ? ? "? { L,..- , LJ? ,....t ??_ ? ? ??? l Y ? vl V T?. ?:..r `?-? J _t-t 3 - GJ?1 "' C s? 'i t LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 RHONDA LEE YOUNG : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-7052 JOHN ANDREW YOUNG, SR.: CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Petition to Withdraw as Counsel has been served upon the Timothy J. Colgan, Esquire, Attorney for the Defendant, John Andrew Young, Sr., by first class, United States Certified Mail No. 7007 2680 0002 3820 9141 by depositing a copy of the same at the post office in Harrisburg, Pennsylvania, on August 7, 2008 addressed as follows: Timothy J. Colgan, Esquire 130 W. Church Street, Suite 100 Dillsburg, PA 17019 .y i Attached hereto is the Return Receipt executed by a representative of said Timothy J. Colgan, Esquire, dated August 8, 2008. Respectfully submitted, BY: l?A/" iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 oate q1 ?/Cg ¦ Complete Items 1, 2, and & Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: T( A1O+y ?. Co f q&ll L 7. 13 4 Lc} . Sv -,fie loo 0f itsbuA5 , ?A t 7©rg A. B. ? Agent 6AAWLA D. Is delivery address d#Werrt from em 11 Yes If YES, enter delWery address below: 0'No 3. SenOW Type cwUffW Mail ? Epolass Mail ? Registered QKstum Receipt for Merchandise ? insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. 7007 2680 0002 3820 914-1 Ra.MAr?lera,,.rwla.Ma.? PS Form 381 1, Febniry 2004 DomsNlc Rs4im RW"k ,asst tNo ?9 ?_ ?•? r ? ` p`'i'! 'T" `,..i S.Y m ? i? ?) 4e . w f....?? A,,,_, ?}`: _. y ,'-_ .< t.s' G... r' LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 RHONDA LEE YOUNG : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-7052 JOHN ANDREW YOUNG, SR.: CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Petition to Withdraw as Counsel has been served upon the Plaintiff, Rhonda Lee Young, by first class, United States Certified Mail No. 7007 2680 0002 3820 9134 by depositing a copy of the same at the post office in Harrisburg, Pennsylvania, on August 7, 2008 addressed as follows: Rhonda Lee Young 1351 W. Trindle Road Carlisle, PA 17013 s.• • Attached hereto is the Return Receipt executed by Rhoda Lee Young, dated August 11, 2008. Respectfully submitted, Jr ? BY: Mane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: OA it 4 1. 2. Rmb Ile Dy Abo d ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RhvnCN Lp-e Y1 351 w . . CART+sle, PA ? Agent ? Addre B. Received by (Prtnted D. Is delivery address different from Item 11(.1 VISE If YES, enter delivery address below: ? No 3. Service Type ? CoMW Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2'Article ""`` 7007 2680 0002 3820 9134 Man* tlMt..Am O60 .. Wei PS Farm 3811, Feb my 2004 Donrwlb tsao ? ,, _ ?? , , ? ` ? ?' ? k _ - t"`-` "'I ' ' (? ? . 1 . ...,; ; ? 4 , l LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 RHONDA LEE YOUNG : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-7052 JOHN ANDREW YOUNG, SR.: CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Order of Court dated August 12, 2008 has been served upon the Timothy J. Colgan, Esquire, Attorney for the Defendant, John Andrew Young, Sr., first class, United States mail by depositing a copy of the same at the post office in Harrisburg, Pennsylvania, on August 20, 2008 addressed as follows: Timothy J. Colgan, Esquire 130 W. Church Street, Suite 100 Dillsburg, PA 17019 -. A Respectfully submitted, BY: p' iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: ql Y/Iof .-,? ^v, a?? .ate ti:? _Z..Y _. C.f) "? ; ... ? '?'Y I 7 ....= s r .._ f=` t.? ....?. ? E ?' M .. ? LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 RHONDA LEE YOUNG : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-7052 JOHN ANDREW YOUNG, SR.: CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Order of Court dated August 12, 2008 has been served upon the Plaintiff, Rhonda Lee Young, by first class, United States Mail by depositing a copy of the same at the post office in Harrisburg, Pennsylvania, on August 20, 2008 addressed as follows: Rhonda Lee Young 1351 W. Trindle Road Carlisle, PA 17013 Respectfully submitted, BY: iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 oate &?/y/vt ?-3 r,,, z..-? c? ?. €? ,?i t ?'?= ? ?? :?.? ?..,7 ;:? ?t ?? LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 RHONDA LEE YOUNG : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-7052 JOHN ANDREW YOUNG, SR.: CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this day of S p4kc. " f ) 2008, upon presentation and consideration of the within Motion to Make Rule Absolute, it is hereby ORDERED that said Motion is granted and Diane M. Dils, Esquire is hereby permitted to withdraw as attorney of record for the Plaintiff, Rhonda Lee Young. BY THE COURT: The Honorable M.L. Ebert, Jr., Judge istribution: ?iane M. Dils, Esquire, 1400 N. 2nd Street, Harrisburg, PA 17102 ,Timothy J. Colgan, Esquire, 130 W. Church Street, Suite 100, Dillsburg, PA 17019 Rhonda Lee Young, 1351 W. Trindle Road, Carlisle, PA 17013 coF(-ex rn it t1c a jo 1d9 f?. . f "il 1; t it 0 i tl S 00oz "HONDA LEE YOUNG Plaintiff, VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7052 JOHN ANDREW YOUNG, SR.: CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Pursuant to the Order of Court dated September 9, 2008, a copy of which is attached hereto, please withdraw my appearance on behalf of the Plaintiff, Rhonda Lee Young. Respectfully submitted, BY: Dated: q/?3JVV 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Praecipe has been served upon the following individuals, by first class, United States mail, postage prepaid, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this c?3 day of , 2008, addressed as follows: Timothy J. Colgan, Esquire 130 W. Church Street Suite 100 Dillsburg, PA 17019 Rhonda Lee Young 1351 W. Trindle Road Carlisle, PA 17013 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 submitted, BY: Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: September 23, 2008 i LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 RHONDA LEE YOUNG : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-7052 JOHN ANDREW YOUNG, SR.: CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this __?4k_ day of 2008, upon presentation and consideration of the within Mot on to Make Rule Absolute, it is hereby ORDERED that said Motion is granted and Diane M. Dils, Esquire is hereby permitted to withdraw as attorney of record for the Plaintiff, Rhonda Lee Young. ' .. ref, I here t m(y1 fv?1c •' •• .. A CO 1 1Jli, f fS 4? T'"rv BY THE COURT: a T e Honorable M.L. Ebert, J , Judge Distribution: Diane M. Dils, Esquire, 1400 N. 2nd Street, Harrisburg, PA 17102 Timothy J. Colgan, Esquire, 130 W. Church Street, Suite 100, Dillsburg, PA 17019 Rhonda Lee Young, 1351 W. Trindle Road, Carlisle, PA 17013 r 77 l ..2 RHONDA LEE YOUNG, Plaintiff V. JOHN ANDREW YOUNG, SR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7052 CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ' 3301(c) of the Divorce Code was filed on December 11, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ' 4904 relating to unworn falsification to authorities. a? a g Dat cn -4 iTi =. N CT r -r? .. 'Vi`a f /J RHONDA LEE YOUNG, Plaintiff V. JOHN ANDREW YOUNG, SR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7052 : CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer=s fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ' 4904 relating to unworn falsification to authorities. A F WE CAM Date Rhoda Lee Young Plaintiff C? C RHONDA LEE YOUNG, Plaintiff V. JOHN ANDREW YOUNG, SR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7052 CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ' 3301(c) of the Divorce Code was filed on December 11, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. q'.-;?6'° Date ? C na ? ? -ra ?:. -? ? -+ cn '> ? ? 4? -. f ?w f ?{? ' ,. . ? ? ?.,„l a ?, ? ? ?? RHONDA LEE YOUNG, Plaintiff V. JOHN ANDREW YOUNG, SR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7052 : CIVIL ACTION -DIVORCE 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 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. 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 made herein are subject to the penalties of 18 Pa. C.S. ' 4904 relating to unsworn falsification to authorities. q_-R& -© Date c:.x «a -n -t,? ?~r:- rte; < • cn ra t S 7r- -0 m ? ry4?- _: . Q RHONDA LEA YOUNG, Plaintiff V. JOHN ANDREW YOUNG, SR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7052 : CIVIL ACTION -DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this ". *?-day of 2008, by and between RHONDA LEA YOUNG (WIFE) and JOHN ANDREW YOUNG, SR (HUSBAND): WITNESSETH: WHEREAS, the parties were married on June 16, 1984 and separated in June 2006; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either parry. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other parry which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) ofthe Pennsylvania Divorce Code. The parties hereby express their intent to execute any and all documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: HUSBAND has been represented by Timothy J. Colgan, Esquire, and acknowledges that she has signed this Agreement freely and voluntarily after full consultation with his counsel. WIFE was previously represented by Diane Dils, Esquire. Since September 23, 2008, WIFE has represented herself. During all stages of the negotiation of this Agreement, WIFE has been informed that Timothy J. Colgan, Esquire has acted solely as counsel for HUSBAND and has not advised nor represented WIFE in any manor whatsoever. During all stages of the negotiation of this Agreement, WIFE has been advised that she could be represented by counsel but has at all times elected not to be so represented. WIFE has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. WIFE shall satisfy the debt owed on the Members 1st Visa Account which is currently approximately $1,000.00. This debt shall be paid in full no later than six (6) months from the effective date of this Agreement. Upon payment in full and satisfaction of this debt, WIFE shall notify HUSBAND in writing and provide written proof of the payment and satisfaction. HUSBAND shall be solely responsible for the debt owed to Saidis, Flower & Lindsay. HUSBAND agrees to indemnify and hold WIFE harmless with respect to this obligation. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. REAL ESTATE: The parties jointly own real estate situate at 1144 South Mountain Road, Dillsburg, York County, Pennsylvania. HUSBAND shall retain sole and exclusive ownership and possession of said residence. HUSBAND shall refinance or assume the indebtedness on the property into his own name within two (2) years from the date that WIFE pays off the joint credit card debt of the parties owed to Members 1 St. If the house goes into foreclosure before the current mortgage on the property is refinanced or assumed by HUSBAND, WIFE shall have the option to have the property listed for sale by a realtor of her choosing. HUSBAND shall cooperate in signing any and all documents necessary to give effect to this paragraph. There are two life insurance policies connected with the current mortgage. One policy insures the life of HUSBAND for which WIFE is beneficiary. The other policy insures the life of WIFE for which HUSBAND is beneficiary. Upon completion of the refinance, both policies shall be cancelled and both parties shall cooperate in signing any and all documents necessary to give effect to this paragraph. Until such time as the mortgage is refinanced, WIFE shall be permitted to name a beneficiary of her choosing for the policy which insures her life. Contemporaneous with the signing of this Agreement, WIFE shall sign a Deed conveying all right, title and interest in and to said property to HUSBAND. HUSBAND'S counsel shall hold said Deed in escrow pending HUSBAND'S successful refinance. Should HUSBAND fail or refuse to refinance the property within the time frame set forth above, the property shall be listed for sale with a mutually agreeable real estate broker. Should the parties be unable to agree as to a broker to list the property, the brokers shall select a third broker who shall list the property for sale. Upon HUSBAND'S successful refinance of the property WIFE shall thereafter have no claim with regard to said property. 12. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, all other personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof, with the exception of the items listed in this paragraph. 13. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 14. MOTOR VEHICLES: Each party shall retain sole and exclusive possession of the any vehicle presently in their possession or which was distributed to them at the time of the parties' separation. Each party is responsible for any vehicle distributed to him or her, including the payment of any lien, insurance, registration and maintenance and each party agrees to indemnify and hold the other harmless for failure to meet their obligations pursuant to this paragraph. Furthermore, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 15. RETIREMENT BENEFITS: HUSBAND has retirement benefits through his employment with the Commonwealth of Pennsylvania. WIFE shall receive fifty (50%) percent of the marital portion of HUSBAND'S retirement benefits via Qualified Domestic Relations Order. The marital portion of said benefit is determined by application of the coveture fraction. The coveture fraction is a number with a value of less than one where the numerator is the number of months of married service in the plan by the participant and the denominator is the number of total months of service in the plan by the participant. If HUSBAND elects to receive, by lump sum, all or a portion of his accumulated deductions, the monthly benefit payable to the alternate payee as previously described shall be adjusted actuarially for any accumulated deductions paid to the alternate payee. The portion of the member's accumulated deductions to be paid to the alternate payee shall be determined by multiplying (a) by (b) by (c) where (a), (b) and (c) are as follows: (a) HUSBAND'S accumulated deductions on June 1, 2006, credited with statutory interest (currently 4% per year) from June 1, 2006 to the effective date of the HUSBAND'S retirement, (b) 50%, and (c) ratio obtained by dividing the amount of the accumulated deductions HUSBAND elects to receive by the total amount of HUSBAND'S accumulated deductions on the effective date of HUSBAND'S retirement. In the event WIFE predeceases HUSBAND, the QDRO will permit her to leave her share to her estate. The QDRO will permit WIFE to receive a survivor benefit. The cost for the survivor benefit shall be at her sole cost and expense. HUSBAND shall be responsible for the cost and preparation of the Qualified Domestic Relations Order. After implementation of the QDRO, WIFE thereafter waives all right, title and interest in and to any and all retirements and/or pension benefits in which HUSBAND has an interest. WIFE has an IRA which shall become her sole and separate property. HUSBAND waives all right, title and interest in and to any and all retirement and or pension benefits in which WIFE has an interest. Each party further agrees to execute any and all documents to give effect to this paragraph. 16. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. To the extent that there is credit life insurance connected to the mortgage on the martial residence, that credit life insurance shall be terminated upon HUSBAND'S refinance of the marital residence. 17. HEALTH INSURANCE: Each party shall be responsible for their own health insurance coverage. 18. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 19. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and f'or all purposes as though he or she were unmarried. 20. INCOME TAX: The parties have heretofore filed joint Federal, State and/or local income tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them as the result of any return filed from tax year 1984 up to and including tax year 2004, the parties will share equally any such tax and all penalties and interest associated therewith. 21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the 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 such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either parry to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF IL-. On this, H-0- day of , 2008, before me a Notary Public, personally appeared John Andrew Young, Sr., know to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nary Public COMMONWEAL i h vr- PENNSYLVANIA Notarial Seal Jeanette L. Roberts, Notary Public Dillshurg Boro, Yor`, County My Corn :fission Expires Aug. 22, 2010 Member. Pgnn-vlvania Association of No'rm' COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Nor On this, the al?day of , 2008, before me a Notary Public, personally appeared Rhonda Lea Young, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 4Nary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanette L. Roberts, Notary Public DiAsburg Boro, York county INVO nmission Expires Aug. 22, 2010 M9fYlber, Pennsvlvania Associntion of Nolan- F .: t r rt tom..., ... l Y 1 RHONDA LEA YOUNG, Plaintiff VS. JOHN ANDREW YOUNG, SR., Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 7052 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 124 day of . 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated December 4, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, G b Edgar B. Bayley, P.Q. cc: iane M. Dils Attorney for Plaintiff mothy J. Colgan Attorney for Defendant \ i t N p ? U cy.? RHONDA LEA YOUNG, Plaintiff V. JOHN ANDREW YOUNG, SR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7052 : CIVIL ACTION -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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant Accepted Service of the Reinstated Complaint on February 23, 2007, said Acceptance of Service was filed with this Honorable Court on March 1,2007e 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. September 26, 2008 ; By Defendant: September 26, 2008. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated December 4, 2008 and filed with the Court on December 4, 2008. 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: September 26, 2008; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 26, 2008. Respectfully Submitted, COLGAN MARZZACCO, LLC By Timothy J. Colgan, Esquire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: ?Y???wo c„ c.?r IN THE COURT OF COMMON PLEAS OF RHONDA LEA YOUNG CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN ANDREW YOUNG, SR. NO. 06-7052 DIVORCE DECREE AND NOW, oa& ` zoos it is ordered and decreed that RHONDA LEA YOUNG JOHN ANDREW YOUNG, SR. bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") k/0 tq- The terms and provisions of the Martial Settlement Agreement signed by. the parties and dated December 4, 2008 are hereby incorporated but not merged in the Decree of Divorce and remain binding upon the parties. By the Cou Attest: J. Prothonotary .. ,?`,,4" ?t;A,,?r; ? ? ? ,,?c,,l; , APR 2 8 2009(ly Rhonda Lea Young Plaintiff VS. John Andrew Young. Sr. Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - IN DIVORCE NO. 06-7052 STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of AWt L q, the parties, Rhonda Lea Young, Plaintiff and John Andrew Young, Sr., Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, John Andrew Young, Sr. (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is January 11, 1962, and his Social Security number is 192-48- 4627. 4. The Plaintiff, Rhonda Lea Young (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is December 4, 1965, and her Social Security number is 180-62-8508. 5. Member's last known mailing address is: 1144 South Mountain Road Dillsburg, PA 17019 6. Alternate Payee's current mailing address is: 1307 Ritner Highway Carlisle, PA 17013 DRO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit equals (1) the coverture fraction multiplied by (2) the Member's retirement benefit on the effective date of Member's retirement. (b) The coverture fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by SERS, from June 16, 1984 (the date of marriage) to June 1, 2006 (the date of separation). The denominator is the total amount of Member's service, as defined by SERS, on the effective date of Member's retirement. (c) 50% of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 8. Member's retirement benefit is the Maximum Single Life Annuity, as defined in 71 Pa. C.S. §5702(a), before any reduction to reflect the election of any option in accordance with 71 Pa. C.S. §5705(a) and including any scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurred before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, after the application of the appropriate early retirement actuarial reduction factor, if any, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death DRO Page 3 benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with SERS shall be in accordance with Paragraphs 10(a), 10(b) and 10(c) as follows: (a) Member may elect to receive, by lump sum, all or a portion of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee, or to her estate, shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: DRO Page 4 (1) The accumulated deductions as of June 1, 2006, credited with statutory interest (currently 4% per year) from June 1, 2006, through the Member's date of retirement. (2) 50%. (3) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the date payments commence to the Member. (b) (i) If the Alternate Payee is living, Member shall elect a joint and survivor annuity as set forth in 71 PA.C.S. 5705(a)(4), or any succeeding statue. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the survivor annuity shall be the equitable distribution portion (as defined in Paragraph 7) adjusted actuarially for any accumulated deductions paid to the Alternate Payee (pursuant to Paragraph 10(a)) and, since the cost of such option is to be paid by the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of the annuity payable to the Alternate Payee during the Member's lifetime. The intent of this option selection is to maintain levelized payments to the Alternate Payee for her life in the event of Member's death after retirement. The Alternate Payee shall receive a portion of the annuity which is payable to the Member during his lifetime, and the same amount, as a survivor annuity, if the Member predeceases the Alternate Payee after retirement. If the Alternate Payee predeceases the Member after retirement, the portion of his annuity payable to the Alternate Payee shall be paid to Alternate Payee's estate for the lifetime of the Member. (b) (ii) If the Alternate Payee is not living, the Member shall elect a maximum single life annuity based upon the equitable distribution portion (as defined in Paragraph 7) adjusted actuarially for any accumulated deductions paid to the Alternate Payee's estate (pursuant to Paragraph 10(a)). Such annuity shall be paid to the Alternate Payee's estate for the lifetime of the Member. (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee or her estate and over any accumulated deductions paid DRO Page 5 to the Member under Paragraph 10(a). Any option selected shall not reduce the amount that is to be paid to the Alternate Payee or her estate under the provisions of this Order. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, prior to the receipt of all of her payments payable to her from SERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by SERS shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and DRO Page 6 Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and sea qlzs jX"c _ 9163 ol L PlaintifVAlternate aye l? to ?iro S?- Date Payee. Attorney fo n ant? Date Participant Ctr) co 3 C3? . ?f t C J ? N X ? Gfl f l ? `V