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HomeMy WebLinkAbout02-3191 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, Plaintiff ) Defendant ) Civil Action - Law VS. Tracy L. Wombacher, No. 02-3191 Divorce AFFIDAVIT OF SERVICE I, Sherry A. Fitzkee, being duly swom, deposes and says that she is an adult and that she served the within Complaint on the Defendant, at the Defendant's last known address as 1441 Hillcrest Court, Apartment #201, Camp Hill, PA 17011 by certified mail, restricted delivery, return receipt requested on the 20th day of July, 2002. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: July 31, 2002 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF WILEY, LENOX, COLGAN & MARZZACCO, P, On this, the 31 st day of July, 2002, before me, a notary public, personally appeared Sherry A. Fitzkee known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. ,S? L. NOTARY PUB IC My Commission Expires: Notarial Seal S. Dawn Gladfelter, Notary Public Dillaburg Boro, York County My Commission Expires May 17, 2005 Member, PennsylvaniaAssociation atNotaries ik F0 6 I L M Postage $ 60.60 -? \,SB URC O? Certified Fee $2.30 w ll " O Forum Receipt Fee (Endorsement Required) $1 e75 U CO O O Restricted Delivery Fee (Endorsement Required) $0.00 ?b - G Total Posage a Fees $ S{•65 pp?e rL ru Sent To ? .... ... .. ....... Street Ap[. No.; or PO Box N / ? .... ................... , -. -. . Ctt}; Stete? ZI ........ . -------- iq 170 I 171 ¦ Complete items 1, 2, and 3. Also complete A. Recew by (Pi Piln Cke ) B. Date of Dewwy 7` -07 item 4 If Restricted Delivery is desired. , ¦ Print your name and address on the reverse C. Signet re so that we can return the card to you. 1 Agem ¦ Attach this card to the back of the malipiece, _ X --drew- or on the front K space permits. D. s delivery different from Item 1? ? Yes 1. Article Addressed to: nQ? TW If YES, enter delivery address below: ? No 9 y ?{ r f rest Co ?y 3. ice Type fi d m " ress Mail '3 Ex +f Ao' Certi e d ? R i t e p 'KRetum Receipt for Merchandise _ 011 P , s ere eg ? Insured Mall ? C.O.D. 0&4 14 17 ct/ 4. Restricted Delive S ry? (Extra Fee) 2. 7001 2510 0008 0708 3439 PS Form 3811, July..tM DomesticAet um Receipt 10269$aO-M-OOU EXHIBIT "A" CD ca L W IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, VS. Tracy L. Wombacher, Defendant ) Plaintiff Civil Action -Law No. oa _ 2191 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 PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAYBE 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 COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .e Tongran Wombacher, VS. Tracy L. Wombacher, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) Defendant ) Civil Action - Law No. C>a-- ajgj (:2- L Divorce 6 AVISO PARA DEFENDER Y RECLAMAR DERE IIOS USTED HA SIDO DENIANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas signientes. Debe tomar accion con prontitud. Se le avisa que Si nose defiende, el caso puede proceder sin usted y decreto de divorcio o anniamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cuaiquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento inparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en ]a CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO O ANULAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL ELLOS. USTED DEBE LUEVAR ES i E PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE O NO PLEDE PAGAR UN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Tongran Wombacher, VS. Tracy L. Wombacher, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) Defendant. ) Civil Action - Law No. 02-.319( Divorce COMPLAINT IN DIVORCE UNDER SECTION 33010 or 3301(d) OF THE DIVORCE ODE COUNTI AND NOW, comes Tongran Wombacher, by and through her attorney Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint in Divorce and in support thereof, avers as follows: 1. The Plaintiff is Tongran Wombacher, who currently resides 1441 Hillcrest Court, Camp Hill, Cumberland County, Pennsylvania, 17011 since September 2000. 2. The Defendant is Tracy L. Wombacher, who currently resides at 2922 Broad Avenue, Altoona Pennsylvania, 16601 since April 2002. 3. There parties have two minor children: Casey L. Wombacher, date of birth 12/3/87; Demin L. Wombacher, date of birth 9/5/94. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on March 9, 1986 in South Korea. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The cause of action and sections of Divorce Code under which Plaintiff is proceeding are: (a) §3301(a)(6). Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. (b) §3301(c). The marriage of the parties is irretrievably broken. 11. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between Plaintiff and Defendant COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3502(a) OF IHE DIVORCE CODE 12. Paragraphs Ithrough 11 are incorporated herein by reference as though set forth in full 13. Plaintiff and Defendant have individually or jointly acquired property, both real and personal, during the marriage, in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to §3502(a) of the Divorce Code. COUNT III -- ALIMONY 14. Paragraphs 1 through 13 incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of alimony in her favor. COUNT IV -- i IMONY P NDENT LTA, COUNSEL FEES, COSTS AND EXPENSES 17. Paragraphs 1 through 16 are incorporated herein by reference as though set forth in full. 18. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Dated: .6 -,T° -6 >- Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Timothy J. Colg s ' e 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77994 VERIFICATION I, Tongran Wombacher, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: , 'e gQZ2 Tongran Wombacher w ? a a' a s ? r- C _I r (O-Z TONGRAN WOMBACHER, Plaintiff VS. TRACY L. WOMBACHER, Defendant TO: Timothy J. Colgan Tracy L. Wombacher THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3191 CIVIL IN DIVORCE , Attorney for Plaintiff Defendant DATE: Tuesday, October 28, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 6-03 DATE COUNSEL FO PLA T F ( yr COUNSEL FOR NDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. cz ?? CA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONG RAN WOMBACHER VS. TRACY L. WOMBACHER : No: 02-3191 : Civil Action- Law In Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 3, 2002. 2. The marriage of Plaintiff and Defendant irretrievably broken and ninety 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 statement made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7 ?? G??Czl? Plaintiff C o 0 O r m rn - z:! ou -n n =E7 Z r tll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONG RAN WOMBACHER VS. No: 02-3191 Civil Action- Law TRACY L. WOMBACHER : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 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 unworn falsification to authorities. Date: ?/ t1 r.G Plaintiff ?. r `';' u ? L rr+ v n m C a GJ1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONG RAN WOMBACHER VS. TRACY L. WOMBACHER : No: 02-3191 : Civil Action- Law : In Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 3, 2002. 2. The marriage of Plaintiff and Defendant irretrievably broken and ninety 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 statement 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 unworn falsification to authorities. Date: a ' `? - QY A o, .? Defendant ° r c_n OD lC.? ST 9 ?G CS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONG RAN WOMBACHER VS. TRACY L. WOMBACHER No: 02-3191 : Civil Action- Law : In 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. 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 unworn falsification to authorities. Date: -.2 - V- o l? w ')e2 lle en t c> o c-? v ar M 'Y -^ r F_ I L:' m 7 CJ rn F cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONG RAN WOMBACHER VS. TRACY L. WOMBACHER : No: 02-3191 Civil Action- Law : In Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 3, 2002. 2. The marriage of Plaintiff and Defendant irretrievably broken and ninety 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 statement 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 unworn falsification to authorities. Date: / ---?r? Plaintiff C N ° 0 T m n ; t'n ? =n DC p C F CJI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONG RAN WOMBACHER VS. No: 02-3191 : Civil Action- Law TRACY L. WOMBACHER : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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. Date: /anL Plaintiff c? o c- 70 0 (7 D p rn C!'t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONG RAN WOMBACHER Vs. TRACY L. WOMBACHER : No: 02-3191 Civil Action- Law : In Divorce AFFIDAVIT OF CONSENT A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 3, 2002. 2. The marriage of Plaintiff and Defendant irretrievably broken and ninety 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 statement made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?= T /?A A o? , C.t/07rilC Defendant s T rr, 2, co , _orn b . g b 9 r>? Cfi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONG RAN WOMBACHER : No: 02-3191 VS. : Civil Action- Law TRACY L. WOMBACHER : In 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. 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 unworn falsification to authorities. Date: ; ' V- o e en t n - a c o -„ ni i r mr c-n rn C o J of TONGRAN WOMBACHER, Plaintiff, V. TRACY L. WOMBACHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 CIVIL ACTION - IN LAW DIVORCE MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, Tongran Wombacher, by and through her counsel, Timothy J. Colgan, Esquire and submits this Motion to Compel Production of Documents and in support thereof, avers as follows: Plaintiff filed a Complaint in Divorce on July 3, 2002 raising claims including equitable distribution of marital property, alimony, alimony pendente lite, support, counsel fees and costs. 2. A Pre-Hearing Conference was scheduled for May 25, 2006, for which Defendant Tracy L. Wombacher failed to attend. On July 11, 2006, undersigned counsel sent a Request for Production of Documents by mail to Defendant requesting that documents be produced on or before August 12, 2006. (See letter and Request for Production of Documents attached as Exhibit "A"). 4. Defendant failed to produce said documents by August 12, 2006. On August 14, 2006, undersigned counsel sent a letter to Defendant requesting that he respond to the Request for Production of Documents by August 18, 2006 or a Motion to Compel would be filed. (See letter attached as Exhibit `B"). Jan M. Wiley David J. Lenox Timothy J. Colgan Christopher J. Marzzacco THE WILEY GROUP Attorneys at Law Wiley, Lenox, Colgan & Marzzacco, P.C. July 11, 2006 Tracy L.. Wombacher 2922 Broad Avenue Altoona, PA 16601 Re: ' Tongran Wombacher v Tracy L. Wombacher Docket No. 02-3191, Divorce Dear Mr. Wombacher: Please find enclosed for service upon you Plaintiff's Request for Production of Documents with regard to the above-captioned matter. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. J by Timothy J. Colgan TJC/j lr Enclosure David E. Hershey Bradley A. Winnick Thomas M. Clark Ari D. Weitzman 130 W. Church Street, Suite 100 • Dillsburg, PA 17019 • Phone: (717) 432-9666 • (800) 682-4250 • Fax: (717) 432-0426 Offices in Harrisburg • York • Carbondale www.wileygrouplaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, VS. Tracy L. Wombacher, Plaintiff ) } Defendant ) Civil Action - Law No. 02-3191 Divorce PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS To: Tracy L. Wombacher 2922 Broad Avenue Altoona, PA 16601 Pursuant to Pa.R.C.P. 4009.11, demand is hereby made that you or your attorney produce, at the law firm of Wiley, Lenox, Colgan & Marzzacco, 130 West Church Street, Suite 100, Dillsburg, PA 17019, within thirty (30) days of the date of this Request, the following documents: 1. Copies of quarterly and annual statements for any and all retirement plans or programs in which you hold an interest (whether or not vested), including but not limited to the Commonwealth of Pennsylvania State Employees' Retirement System (SERS), the Commonwealth of Pennsylvania Deferred Compensation Program and your military retirement benefits statements for the years 2002 through Present. 2. Copies of Federal and State income tax returns, together with all accompanying work sheets, schedules, attachments, and supporting documents, including but not limited to W-2s, K-1 s, 1099s and any other documents demonstrating income received from any source for the years 2002 through Present. 3. Copies of your year to date pay statements for 2006 for all sources of income, including but not limited to your employment with the Commonwealth of Pennsylvania and your military retirement pay from the Federal Government. WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: 7 ' (I'" 0 6 Timothy J. Co an, E e 130 West Church e100 Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, VS. Tracy L. Wombacher, Civil Action - Law Plaintiff No. 02-3191 Divorce Defendant CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Tracy L. Wombacher 2922 Broad Avenue Altoona, PA 16601 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Date: 7- It -o(o By: - Timothy J. 1 squire Jan M. Wiley David J. Lenox Timothy J. Colgan Christopher J. Marzzacco THE WILEY GROUP Attorneys at Law Wiley, Lenox, Colgan & Marzzacco, P.C. August 14, 2006 Tracy L. Wombacher 2922 Broad Avenue Altoona, PA 16601 Re: Tongran Wombacher v Tracy L. Wombacher Docket No. 02-3191, Divorce Dear Mr. Wombacher: David E. Hershey Bradley A. Winnick Thomas M. Clark Your responses to the Request for Production of Documents -served upon you on July 11, 2006 were due on August 11, 2006. You have failed to respond to this discovery request. If your complete responses are not received by Friday, August 18, 2006, I will be filing a Motion with the Court seeking sanctions against you and compelling you to pay my client's attorney's fees for having to take this unnecessary step. I look forward to your prompt response. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by Timothy J. Colgan TJC/jlr 0 U 130 W. Church Street, Suite 100 • Dillsburg, PA 17019 • Phone: (717) 432-9666 • (800) 682-4250 • Fax: (717) 432-0426 Offices in Harrisburg • York • Carbondale www.wileygrouplaw.com TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. DIVORCE CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Tracy L. Wombacher 2922 Broad Avenue Altoona, PA 16601 Mr. E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Timothy J. Co , uire Date: _ 9?/! &6 TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 CIVIL ACTION - IN LAW TRACY L. WOMBACHER, DEFENDANT DIVORCE ORDER OF COURT AND NOW, this 19th day of September, 2006, upon consideration of the Plaintiff's Motion to Compel Production of Documents; IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall produce all documents requested in Plaintiff's Request for Production of Documents within 10 days from the entry of this order. IT IS FURTHER ORDERED AND DIRECTED that should the Defendant fail to comply with this order of court, sanctions will be imposed upon Defendant pursuant to Pennsylvania Rule of Civil Procedure 4019 and may include an order imposing punishment for contempt. By the Court, ,'. ?lmothy J. Colgan, Esquire Attorney for Plaintiff ,Xr-acy L. Wombacher Defendant Robert Elicker, II, Esquire k Divorce Master M. L. Ebert, Jr., J. ,ob MAIASNN3d L Z :I Wd 61 AS 90OZ 3HI AD 3 ti I:??TIJ TONGRAN WOMBACHER, Plaintiff, V. TRACY L. WOMBACHER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 CIVIL ACTION - IN LAW DIVORCE PETITION FOR CONTEMPT AND NOW, comes Tongran Wombacher, by and through her attorney, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Contempt, and in support thereof, avers as follows: 1. Petitioner is Tongran Wombacher, the Plaintiff in the above-referenced matter, who is represented by undersigned counsel, Timothy J. Colgan, Esquire. 2. Respondent is Tracy Wombacher, the Defendant in the above-referenced matter, who is not represented. 3. A Divorce action was filed by Plaintiff on July 3, 2002 including claims for equitable distribution of property. 4. After repeated requests for discovery with no response, undersigned counsel filed a Motion to Compel Production of Documents on September 11, 2006. (See Motion attached hereto, incorporated herein and marked as Exhibit "A"). 5. By Order dated September 19, 2006, The Honorable M.L. Ebert, Jr. directed the Defendant produce all documents requested within ten (10) days from the entry of the Order. (See Order attached hereto, incorporated herein and marked as Exhibit "B"). 6. In violation of the above-referenced Order, Defendant has failed to produce said documents to date. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant the following relief: A. Tracy Wombacher be adjudicated in contempt of Court; B. Tracy Wombacher be required to pay for counsel fees for the preparation and presentation of the within Petition including counsel fees for attending any hearing on said Petition; and C. Tracy Wombacher be sanctioned further until said documents are provided; and D. Any other relief the court may deem appropriate. Respectfully submitted, Date: By: Timothy J. Q re WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 TONGRAN WOMBACHER, Plaintiff, V. TRACY L. WOMBACHER, Defendant. :1L ' V F, LD SEP 1 2 2006 BY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 CIVIL ACTION - IN LAW DIVORCE ORDER AND NOW, this day of , 2006, after consideration of the within Motion to Compel, it is hereby ORDERED, ADJUDGED and DECREED that the Defendant shall produce all of the documents requested in Plaintiff s Request for Production of Documents within five (5) daysTrom the entry of this order, and upon the Defendant's failure to do so within the time allotted, to suffer sanctions to be imposed by further order of the Court, and further that Defendant shall pay Plaintiff for attorney fees in the amount of one thousand dollars ($1,000.00) for preparation, filing and disposition of this Motion. BY THE COURT: J. Distribution: Timothy J. Colgan, Esquire Tracy L. Wombacher E. Robert Elicker, II, Divorce Master z EXHIBIT ? A TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 t cN? C) TRACY L. WOMBACHER, CIVIL, ACTION - IN LAW cT -" Defendant. DIVORCE MOTION TO COMPEL PRODUCTION OF DOCUMENTS' AND NOW, comes the Plaintiff, Tongran Wombacher, by and through her counsel,` ` Timothy J. Colgan, Esquire and submits this Motion to Compel Production of Documents and in support thereof, avers as follows: 1. Plaintiff filed a Complaint in Divorce on July 3, 2002 raising claims including equitable distribution of marital property, alimony, alimony pendente lite, support, counsel fees and costs. 2. A Pre-Hearing Conference was scheduled for May 25, 2006, for which Defendant Tracy L. Wombacher failed to attend. 3. On July 11, 2006, undersigned counsel sent a Request for Production of Documents by mail to Defendant requesting that documents be produced on or before August 12, 2006. (See letter and Request for Production of Documents attached as Exhibit 4. Defendant failed to produce said documents by August 12, 2006. 5. On August 14, 2006, undersigned counsel sent a letter to Defendant requesting that he respond to the Request for Production of Documents by August 18, 2006 or a Motion to Compel would be filed. (See letter attached as Exhibit "B"). 6. To date, Defendant has not responded to the Request for Production of Documents and undersigned counsel has not received any of the requested information or documents. 7. A Master's Hearing was scheduled before E. Robert Elicker, II, Divorce Master, for July 20, 2006, which was continued until discovery is completed. 8. Due to Defendant's failure to produce to said documents, undersigned counsel is required to file this motion. As Defendant's failure is unjustified, Plaintiff believes and therefore avers that Defendant should be required to pay for counsel fees in the amount of one thousand dollars ($1,000.00) for preparation of this motion and attendance at any hearing for disposition of same. WI-EREFORE, Plaintiff respectfully requests that This Honorable Court enter an Order compelling the Defendant to produce all of the documents requested in Plaintiff s Request for Production of Documents within five (5) days from the entry of such Order, and upon the Defendant's failure to do so within the time allotted, to suffer sanctions to be imposed by further Order of the Court, and further that Defendant shall pay Plaintiff for attorney fees in the amount of one thousand dollars ($1,000.00) for preparation, filing and disposition of this Motion. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Timothy J. o sq ' e 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 Dated: g f / / /Oh , Jan M. Wiley David E. Hershey David J. Lenox Bradley A. Winnick Timothy J. Colgan Thomas M. Clark Christopher J. Marzzacco Ari D. Weitzman } THEN ILEY, GROUP Attorneys.at Law Wiley, Lenox, Colgan '& Marzzacco, P.C. July 11, 2006 Tracy L..Wombacher 2922 Broad Avenue Altoona, PA 16601 Re: Tongran Wombacher v Tracy L. Wombacher Docket No. 02-3191, Divorce. Dear Mr. Wombacher: Please find enclosed for service upon you Plaintiffs Request for Production, of. Documents with regard to the above-captioned matter. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by Timothy J. Colgan TJC/jlr Enclosure EXHIBIT A 130 W. Church Street, Suite 100 • Dillsburg, PA 17019 • Phone: (717) 432-9666 • (800) 682-4250 • Fax: (717) 432-0426 Offices in Harrisburg • York • Carbondale www.wileygrouplaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, VS. Tracy L. Wombacher, Plaintiff ) Defendant ) Civil Action - Law No. 02-3191 Divorce PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS To: Tracy L. Wombacher 2922 Broad Avenue Altoona, PA 16601 Pursuant to Pa.R.C.P. 4009.11, demand is hereby made that you or your attorney produce, at the law firm of Wiley, Lenox, Colgan & Marzzacco, 130 West Church Street, Suite 100, Dillsburg, PA 17019, within thirty (30) days of the date of this Request, the following documents: 1. Copies of quarterly and annual statements for any and all retirement plans or programs in which you hold an interest (whether or not vested), including but not limited to the Commonwealth of Pennsylvania State Employees' Retirement System (SERS), the Commonwealth of Pennsylvania Deferred Compensation Program and your military retirement benefits statements for the years 2002 through Present. 2. Copies of Federal and State income tax returns, together with all accompanying work sheets, schedules, attachments, and supporting documents, including but not limited to W-2s, K-1 Is, 1099s and any other documents demonstrating income received from any source for the years 2002 through Present. 3. Copies of your year to date pay statements for 2006 for all sources of income, including but not limited to your employment with the Commonwealth of Pennsylvania and your military retirement pay from the Federal Government. WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: 7 - Wo (; Timothy J. Co an, E' e 130 West Church eet, Suite 100 Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, Plaintiff ) Defendant ) Civil Action - Law VS. Tracy L. Wombacher, No. 02-3191 Divorce CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Tracy L. Wombacher 2922 Broad Avenue Altoona, PA 16601 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Date: 7" ii`Q(o By: ' . a4? Timothy J. 1 squire Y Ian M. Wiley David J. Lenox Timothy J. Colgan Christopher J. Marzzacco David E. Hershey Bradley A.-Winnick Thomas M. Clark THE WILEYY GROUP Attorneys at Law Wiley, Lenox, Colgan & Marzzacco, P.C. August-14,2006 Tracy L. Wombacher 2922 Broad Avenue Altoona, PA 16601 Re:. Tongran Wombacher v. Tracy L. Wombacher Docket No. 02-3191, Divorce Dear Mr. Wombacher: Your responses to the Request for Production of Documents -served upon you on July' 11, 2006 were due on August 11, 2006. You have failed to respond to this discovery request. If your .complete responses are not received by Friday, August 18, 2006, I will be filing a Motion with the Court seeking sanctions against you and compelling you to pay my client's attorney's fees for having to take this unnecessary step. I look forward to your prompt response. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1AA by Timothy J. Colgan TJC/jlr EXHIBIT I iu w. (-_hurcn Street, Suite iuu • umsourg, rR i/uiv • rnone: (/t/) 4.J/_-ybbb • (15UU) boo-4L5U • t'aX: (/ 1/) 43L-U41b Offices in Harrisburg ? York • Carbondale www.wi leygrouplaw.com Y TONGRAN WOMBACHER, Plaintiff, V. TRACY L. WOMBACHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 CIVIL, ACTION - IN LAW DIVORCE CERTMCATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Tracy L. Wombacher 2922 Broad Avenue Altoona, PA 16601 Mr_ E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Timothy J. Co wire Date:- 11 i L6 TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 V. CIVIL ACTION - IN LAW TRACY L. WOMBACHER, DEFENDANT DIVORCE ORDER OF COURT AND NOW, this 19th day of September, 2006, upon consideration of the Plaintiff's Motion to Compel Production of Documents; IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall produce all documents requested in Plaintiff's Request for Production of Documents within 10 days from the entry of this order. IT IS FURTHER ORDERED AND DIRECTED that should the Defendant fail to comply with this order of court, sanctions will be imposed upon Defendant pursuant to Pennsylvania Rule of Civil Procedure 4019 and may include an order imposing punishment for contempt. By the Court, M. L. Ebert, Jr., J. Timothy J. Colgan, Esquire Attorney for Plaintiff Tracy L. Wombacher Defendant E. Robert Elicker, II, Esquire Divorce Master EXHIBIT CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Tracy Wombacher 2922 Broad Avenue Altoona, PA 16601 WILEY, LENOX, COLGAN & MARZZACCO P.C. Date: By: Timothy J. of squire 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 (Attorney for Petitioner) C -n an A r OD 't3 CID no CO ORDER OF COURT AND NOW, this 20th day of October, 2006, upon consideration of the Plaintiff's TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY L. WOMBACHER, DEFENDANT NO. 02-3191 CIVIL Petition for Contempt, IT IS HEREBY ORDERED AND DIRECTED that: A. A rule shall issue on the Defendant to show cause why he should not be held in contempt. B. The Rule is returnable and a hearing will be held Wednesday, November 29, 2006 at 8:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that should the defendant fail to answer or appear for the scheduled hearing, the Rule shall be made absolute and a warrant shall issue for his arrest. By the Court, ?i othy J. Colgan, Esquire racy Wombacher, Defendant Robert Elicker, ll, Esquire Divorce Master bas - ?% La M. L. Ebert, Jr., J. 0 ! ;c Wd oz 100 90oz 1? ibi(Ui ai ?i aHI 40 301:11 0-C lu TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY L. WOMBACHER, DEFENDANT 02-3191 CIVIL IN RE: PLAINTIFF'S PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 29th day of November, 2006, this being the time and place for a hearing on the Plaintiff's Petition for Contempt and the Court noting that the Plaintiff has appeared and is ready to proceed, and that the Defendant Tracy L. Wombacher, has failed to appear in violation of this Court's Order of October 20, 2006, and has failed to answer Plaintiff's Motion to Compel Production of Documents. Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Rule to Show Cause shall be made Absolute and a Bench Warrant shall issue for the Arrest of the Tracy L. Wombacher. By the Court, M. L. Ebert, Jr., J ,timothy J. Colgan, Esquire Attorney for Plaintiff acy L. Wombacher Defendant Cumberland County Sheriff bas VN'VAIASNNgd .4 , F19 tt Z :6 NV R AON 9001 , dVlUNOHIOdd 3HI ?O 33a4O-OM TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY L. WOMBACHER, DEFENDANT NO. 02-3191 CIVIL ORDER OF COURT AND NOW, this 31s` day of January, 2007, upon receipt of information from the Cumberland County Sheriff's Department and having confirmed same with the Centre County Prison, it appearing that the Defendant, Tracy L. Wombacher, has been apprehended on the Bench Warrant issued by this Court on November 29, 2006, IT IS HEREBY ORDERED AND DIRECTED that the Defendant be released from custody on his own recognizance on condition he appear in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, February 2, 2007 at 8:15 a.m. for the setting of a hearing date on the Petition for Contempt. Failure to appear as directed will result in the issuance of another Bench Warrant. By the Court, M. L. Ebert, Jr., J. Cumberland County Sheriff Centre County Prison Timothy J. Colgan, Esquire( a -0/-07 Attorney for Plaintiff . 4`7 bas CC .,Z Ild I C NVr LOOZ r TONGRAN WOMBACHER, Plaintiff V. TRACY L. WOMBACHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 CIVIL ACTION - LAW IN RE: BENCH WARRANT ORDER OF COURT AND NOW, this 2nd day of February, 2007, the defendant having previously been apprehended on January 31, 2007, on this Court's previous bench warrant issued on November 29, 2006, and the Court having released the defendant on his own recognizance on the express condition that he appear here this morning, February 2, 2007, at 8:15 a.m., and the time having now arrived and the defendant having failed to appear, IT IS HEREBY ORDERED AND DIRECTED that a bench warrant shall issue for the arrest of Tracy L. Wombacher. By the Court, ,* t ?-a\ M. L. Ebert, Jr., gel Revelant, Esquire For the Plaintiff ?Zacy L. Wombacher, Defendant .mtf 'J Shen 4 / +, ? i? f.. !`?.. r ? a. ..ice -;?+ TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY L. WOMBACHER, DEFENDANT NO. 02-3191 CIVIL ORDER OF COURT AND NOW, this 7th day of February, 2007, the Defendant having voluntarily appeared this date, the Bench Warrant issued on February 2, 2007 is VACATED. IT IS HEREBY ORDERED AND DIRECTED that the Defendant appear for a hearing on the Plaintiff's Petition for Contempt on Friday, March 2, 2007 at 8:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 1?\ -? C11-11A M. L. Ebert, Jr., J. Timothy J. Colgan, Esquire Angel Revelant, Esquire Attorney for Plaintiff Tracy L. Wombacher Defendant Cumberland County Sheriff . bas G 01 .6 HV L- 03A LOR ' t COMMONWEALTH OF PENNSYLVANIA SS: ocA: 02-c7"j - ? ? COUNTY OF CUMBERLAND ) TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: TRACY L. WOMBACHER 2922 Broad Avenue or 1703 Hilltop Drive Altoona, PA 16601 Altoona, PA 16601 Or Work: Bellefonte Hatchery 1115 Spring Creek Road Bellefonte, PA 16823 (814) 355-3371 DOCKET #: 02-3191 Civil DOB: 12/28/57 SEX: M RACE: WHITE HT: WT: EYES: HAIR: RED SSN: OLN: SID: FBI: F WHEREAS, the above-named defendant failed to appear for a hearing held on February 2, 2007 at 8:15 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. WHEREAS, this Court on February 2, 2007, directed a Bench Warrant be issued for the apprehension of the TRACY L. WOMBACHER. This is therefore to command you to arrest the defendant above and bring him before me at Carlisle, Pennsylvania, without unnecessary delay to be dealt with according to law. WITNESS the undersigned Judge, at Carlisle, this 2nd day of February, 2007. ,N\ _? - M. L. Ebert, Jr., J. fE ST: K OF THE COURT L) LL- r-j Agndea 'aaax uog J 33TaagS 'auTTX sewogy 'H 'saaMsue OS 00'0$ :sgsoD jjTaags -QaIVDVA ST queaaeM pup aeadde pTp quepuajaQ 'q.zaga abpnr woad Qapzo .}` ad aalVD rA seM 4ueaaeM sTgq LO/LIZ uo 4egq SAPS Met dq u.zoMs AtA-9q jj S A4 91 'aaax uog I 'IIAID 161E-ZOOZ euuad AqunoD puelaagwnD •n?T t T??.ie.iT?n T? ? TTII? ^lTi?l TTT :" ?` .zagoA-egwoM • Z doe.zy 3- 41 ?o T sn =?'-. TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. DIVORCE AFFIDAVIT OF SERVICE I, Angel Revelant, being duly sworn, deposes and says that she is an adult and that she served the Request for Production of Documents dated July 11, 2006, on the Defendant, Tracy Wombacher, by personal service by hand delivering the Request for Production of Documents to Defendant on February 7, 2007 at the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: February 8, 2007 COMMONWEALTH OF PENNSYLVANIA WILEY, LENOX, COLGAN & MARZZACCO, P.C. By: .? Angel R elant, Esquire : SS COUNTY OF YORK 1 On this, the Wday of February, 2007, before me, a notary public, personally appeared Angel Revelant known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. 111tLAanr4'4 Z'?4?VdA' N ARY PUBLIC My Commission Expires: COMMONW9ALYH OF PENNSYLVANIA Notarial Seal Jeanef9 L Roberts, Notary Public DiIWXQ Boro, York County My COMMISSIon Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries S C7 !`y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, Plaintiff ) Defendant } Civil Action - Law VS. Tracy L. Wombacher, No. 02-3191 Divorce AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on July 3, 2002. 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 unsworn falsification to authorities. 216,216-7 Da e Tracy L. Wombacher Defendant ? _ X . ,? -C3 ? 1 'i)? -t?? ; "'S? 7 ?; . ti (?k"i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, VS. Tracy L. Wombacher, Plaintiff Defendant Civil Action - Law No. 02-3191 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. 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 unsworn falsification to authorities. ?J ?3 D l ;? ors ..?-1 to Tracy L. Wombacher Defendant N ? r> o .--j ,? ; n ? -?, =? =??' r?, ? C..?1 ?j?3 ?? C? `-- "C7 ?) ?--- ' c- ;? , r=' ?:' ? ?? ?? i a TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY L. WOMBACHER, CIVIL ACTION - LAW Defendant NO. 02-3191 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 2nd day of March, 2007, the Defendant, Tracy L. Wombacher, having now appeared for hearing on a Rule to Show Cause why he should not be held in contempt, and after hearing the Court does find beyond a reasonable doubt that the Defendant has failed to comply with the request for discovery and therefore is adjudicated in contempt. On the grounds of failing to appear for the November 29th, 2006, hearing, the Court does have a reasonable doubt as to his willful failure to appear, and he will be found not guilty on that count. It is ordered and directed that the Defendant shall provide counsel for the wife his correct mailing address and current telephone number, and he is further directed to advise counsel within five days of any change of his telephone number or current mailing address. Additionally the Defendant is ordered and directed to execute releases which will allow counsel for the wife to obtain his State Employment Retirement System records, his t • state deferred compensation records, and his Department of Defense military pension records. Finally, Defendant is ordered to pay wife's counsel fees in the amount of $2,000.00. Said fees will be paid within thirty days of today's date. By the Court, slc? ?LA\ M. L. Ebert, Jr., . t/11"lothy J. Colgan, Esquire For the Plaintiff /-aCy L. Wombacher ro se :lfh lay' ° , V"I L U Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, Plaintiff ) ) Defendant ) Civil Action - Law VS. Tracy L: Wombacher, No. 02-3191 Divorce AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on July 3, 2002. 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 unsworn falsification to authorities. zz- t / p 4ae Date Tongran Wombacher Plaintiff C na Z T c r F IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, VS. Tracy L. Wombacher, Plaintiff ) Defendant ) Civil Action - Law No. 02-3191 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. 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 unsworn falsification to authorities. ? /0 /0-9 Z? Date Tongran Wombacher Plaintiff C,.? °". ?r ?p1 ??'? ? ?? y r? ?„? 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, VS. Tracy L. Wombacher, Plaintiff Defendant Civil Action - Law No. 02-3191 Divorce AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on July 3, 2002. 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 unsworn falsification to authorities. Date Tracy L. ombacher Defendant Est t: ?. Thy 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Tongran Wombacher, VS. Tracy L. Wombacher, Plaintiff Defendant Civil Action - Law No. 02-3191 Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33010 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. ?b /0 S> C Date Tracy L. Wombacher Defendant ra 1 r : 'T Q -:7 u} TONGRAN WOMBACHER, Plaintiff VS. TRACY L. WOMBACHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3191 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 114 day of 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated April 10, 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, .. C" R Edgar B. Bayley, P.J. cc: V -'Timothy J. Colgan Attorney for Plaintiff T racy L. Wombacher Defendant (?OPt £ S rn?2c LL yl1 shoo C..J LIJ L tr waf'w'? t t MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this (0t% day of Anil 2008, by and between TONG RAN WOMBACHER, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as `WIFE") and TRACY L. WOMBACHER, of Altoona, Blair County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on March 9, 1987 in South Korea. WHEREAS, HUSBAND and WIFE are the parents of the following children born of the marriage: Casey L. Wombacher, date of birth 12/3/87; Demin L. Wombacher, date of birth 9/5/94. 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 for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification; settling of all matters between them relating 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; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, 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 cohabit 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 be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County on July 3, 2002 and docketed to 02-3191 Civil Term claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code and deliver same to counsel for WIFE. 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 final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. 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. 5. DISTRIBUTION DATE: 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 date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this 2 Agreement. 6. 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. 3 7. REPRESENTATION BY COUNSEL: This agreement has been prepared by Timothy J. Colgan, Esq., counsel for WIFE. At the commencement of and at all stages during the negotiation of this Agreement, HUSBAND has been informed that Timothy J. Colgan, Esq. has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel but at all times has elected not to be so represented. HUSBAND 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. 8. 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 for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. 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 for 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. 10. PERSONAL PROPERTY AND DEBTS: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all 4 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. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 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. 11. MILITARY PENSION: HUSBAND has a military retirement benefit as a result of his service in the United States Armed Forces. That benefit is in pay status. WIFE shall receive 60% of the marital portion of the gross military retirement benefit. The marital portion is defined by the coverture fraction which is a number less than one where the numerator is the number of months of married service in the military and the denominator is the number of months of total military service. The parties stipulate and agree that the Domestic Relations Order required to process WIFE's benefit shall be prepared by Conrad Siegel Actuaries. The costs of preparing the Order and implementing the Order shall be paid by WIFE. The parties stipulate and agree that they will cooperate in executing any and all documents necessary to give full force and effect to the terms of this provision within ten (10) days of any request. HUSBAND shall continue to elect and pay for the Survivor Benefit Coverage (SBP) insuring WIFE's benefit. The continuation of SBP protects WIFE's benefit in the event that HUSBAND predeceases WIFE. In consideration of HUSBAND's payment for the Survivor Benefit Coverage, WIFE agrees that in the event HUSBAND predeceases her she will become the primary physical custodian of the minor children. HUSBAND agrees to provide to WIFE, upon WIFE's request, proof of the confirmation of the SBP for her benefit. Should HUSBAND fail or refuse to provide such confirmation, this Agreement shall serve as HUSBAND's continuing authorization to confirm the maintenance of the SBP coverage for her benefit directly through the Defense Finance and Accounting Service 5 (DFAS) or any other government agency that collects and maintains such information. 12. CHILD SUPPORT AND ALIMONY: HUSBAND is the primary physical custodian of the minor child of the parties. For so long as HUSBAND shall have primary physical custody of the minor child and for so long as an Order for child support is entered in the Court of Common Pleas or any other court of competent jurisdiction in favor of HUSBAND and against WIFE, an award of alimony shall be due from HUSBAND to WIFE in an amount equal to $1.15 of alimony for each $1.00 of child support owed HUSBAND by WIFE for as long as the child support order shall continue. Should HUSBAND fail to pay alimony to WIFE in that event, and WIFE files an action to enforce payment of alimony by HUSBAND, WIFE shall further be entitled to payment of attorney's fees and costs from HUSBAND. WIFE may also seek a wage attachment of HUSBAND's wages or military retired pay for non-payment of his obligations pursuant to this paragraph. WIFE currently receives Spousal Support from HUSBAND through the Domestic Relations Section of the Cumberland County Court of Common Pleas, Docket Number 353 S 2007, PACSES Number 105109156. That Order shall terminate upon receipt by WIFE of her first payment from DFAS of her share of the military retired pay. Upon receipt of that payment, WIFE shall promptly notify the Domestic Relations Section to close and terminate her Spousal Support action, subject only to the collection of any arrears due and owing. Until such time, the Spousal Support Order shall remain in full force and effect. 13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that there existed joint checking and savings accounts for HUSBAND and WIFE with Members 1 st Federal Credit Union. Those joint accounts have been closed and divided to the mutual satisfaction of the parties. 14. WIFE'S VEHICLE: The vehicle in WIFE's possession, a 1994 Oldsmobile shall become her sole and separate property. HUSBAND waives all right title and interest in said vehicle. HUSBAND agrees to sign any and all documents necessary to effectuate the transfer and give effect to this paragraph within ten (10) days of any request by WIFE. 6 The vehicle in HUSBAND's possession, a 1999 Chevrolet, shall become his sole and separate property. WIFE waives all right title and interest in said vehicle. WIFE agrees to sign any and all documents necessary to effectuate the transfer and give effect to this paragraph within ten (10) days of any request by HUSBAND. 15. COUNSEL FEES: HUSBAND agrees to pay to WIFE as part of the Equitable Distribution herein, reimbursement for her counsel fees in the amount of $6000.00. Said payment shall be made in 60 equal monthly installments at the rate of 6% per annum. The monthly payment shall be $116.00 until paid in full. Payments are due by the first of the month beginning with May 1, 2008 and continuing thereafter until paid in full. Should HUSBAND fail to pay the installment payments due to WIFE pursuant to this paragraph, and WIFE files an action to enforce payment of said payments by HUSBAND, WIFE shall further be entitled to payment of attorney's fees and costs from HUSBAND. WIFE may also seek a wage attachment of HUSBAND's wages or military retired pay for non-payment of his obligations pursuant to this paragraph. 16. 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 for all purposes as though he or she were unmarried. 17. INCOME TAX: The parties have heretofore filed joint Federal and State 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, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 18. 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. 19. 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. 20. EFFECT OF BANKRUPTCY: The parties acknowledge and agree that they have specifically structured this agreement so that the terms, covenants and conditions set forth herein are nondischargeable in bankruptcy under 11 U.S.C. §523(a)(5), §523(a)(15), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration for the making of this agreement, that: (a) Such obligations are alimony, maintenance for, or support of the other party; (b) The party filing bankruptcy, hereafter the "filing party", has the ability to pay such debt from the income or property not reasonably necessary to be expended for the maintenance or support of the filing party or of a dependent of the filing party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such a business; (c) Discharging such debt will not result in a benefit to the filing party that it would outweigh the detrimental consequences to the other party. Both parties further acknowledge that the preceding terms and representations set forth their actual intent. 21. 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. 22. 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. 23. 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. 24. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. 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. 26. 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. 27. 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. 28. 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 the preparation of this Agreement. 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 any court having jurisdiction 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 the Agreement shall in all other respects remain in full force and effect. 29. 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 party 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. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 31. 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. 10 r IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS VI ? ?° WITNESS TONG RAN WOMBACHER ?RACY L. WOMBACHER 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS On this, the day of , 2008, before me, the undersigned officer, personally appeared TONG RAN WOMBACHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. MY COMMISSION EXPIRES: (SEAL) NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF On this, the day of , 2008, before me, the undersigned officer, personally appeared TRACY L. WOMBACHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. (SEAL) MY COMMISSION EXPIRES: IIccpasr07WccaPdatakolyeHWombacher Agreement.doc NOTARY PUBLIC 12 TONGRAN WOMBACHER, Plaintiff, V. TRACY L. WOMBACHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 CIVIL ACTION - IN LAW DIVORCE PETITION TO ENFORCE MARITAL SETTLMEENT AGREEMENT AND NOW, comes the Plaintiff, Tongran Wombacher, by and through her counsel, Timothy J. Colgan, Esquire and submits this Petition to Enforce Marital Settlement Agreement and in support thereof, avers as follows: 1. Petitioner is Tongran Wombacher. 2. The Respondent is Tracy L. Wombacher. 3. The parties are Husband and Wife having been married on March 9, 1986. 4. The parties appeared before the Divorce Master on April 10, 2008 and a Martial Settlement Agreement was entered. A copy of that Agreement is attached hereto as Exhibit A. The Agreement calls for Respondent to pay for the cost and preparation of the Qualified Domestic Relations Order in Paragraph 11 of the Agreement. 5. The Qualified Domestic Order was prepared by Conrad Siegel Actuaries. A copy of the Qualified Domestic Relations Order is attached hereto as Exhibit B. 6. Conrad Siegel Actuaries charged $600.00 for the preparation of the Qualified Domestic Relations Order. A copy of their Invoice is attached hereto as Exhibit C. 7. Undersigned Counsel paid Conrad Siegel for the preparation of the Qualified Domestic Relations Order. Proof of undersigned Counsel's payment is attached hereto as Exhibit D. Despite repeated requests, the Respondent has failed and refused to reimburse undersigned counsel for the payment to Conrad Siegel. Copies of undersigned Counsel's correspondence to the Respondent are attached hereto as Exhibit E. As a result of Respondent's failure to pay this cost as agreed in the Martial Settlement Agreement, the Petitioner has incurred unnecessary expense in the preparation and prosecution of the instant Petition. 9. In addition to Respondent's agreement of the preparation of the Qualified Domestic Relations Order, Respondent agreed to reimburse Petitioner for her attorneys' fees in the amount of $6,000.00 beginning May 1, 2008 in the amount of $116.00 per month for a period of sixty (60) months. Respondent has failed and refused to pay as agreed. As of the date of this Petition, no counsel fees have been paid by Respondent. 10. As a result of Respondent's failure to pay as agreed, Petitioner has incurred additional counsel fees in the preparation and prosecution of this Petition. 11. Respondent's failures to honor the terms of the Martial Settlement Agreement place him in breach of that Agreement. Paragraph 21 of the Marital Settlement Agreement provides that in the event that "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." 12. The Honorable M.L. Ebert has previously ruled on discovery matters in this action. WHEREFORE, Petitioner requests that Respondent be Ordered to: a) Respondent shall pay Petitioner's actual attorneys' fees incurred in the preparation and prosecution of the Petition to Enforce Martial Settlement Agreement. Counsel for the Petitioner shall provide Respondent with the total fees incurred. Respondent shall have ten (10) days from the date Petitioner's Counsel provides her with that statement to pay Counsel for Petitioner via certified funds; and b) That Respondent be Ordered to pay the attorneys' fees called for in the Marital Settlement in full within ten (10) days of the Court's Order; and C) Order Respondent to pay Petitioner's actual counsel fees incurred in the preparation and prosecution of the instant Petition within ten (10) days of demand by Petitioner's Counsel. Respectfully Submitted, COLGAN MARZZACCO, LLC By---? Timothy I C an squire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated:./ 131 0 b EXHIBIT A MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this (Vft% day of M 1 2008, by and between TONG RAN WOMBACHER, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as `WIFE") and TRACY L. WOMBACHER, of Altoona, Blair County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on March 9, 1987 in South Korea. WHEREAS, HUSBAND and WIFE are the parents of the following children born of the marriage: Casey L. Wombacher, date of birth 12/3/87; Demin L. Wombacher, date of birth 9/5/94. 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 for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification; settling of all matters between them relating 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; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, 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 cohabit 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 be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County on July 3, 2002 and docketed to 02-3191 Civil Term claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code and deliver same to counsel for WIFE. 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 final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. 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. 5. DISTRIBUTION DATE: 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 date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this 2 Agreement. 6. 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. 7. REPRESENTATION BY COUNSEL: This agreement has been prepared by Timothy J. Colgan, Esq., counsel for WIFE. At the commencement of and at all stages during the negotiation of this Agreement, HUSBAND has been informed that Timothy J. Colgan, Esq. has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel but at all times has elected not to be so represented. HUSBAND 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. 8. 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 for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. 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 for 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. 10. PERSONAL PROPERTY AND DEBTS: The parties have divided between them, to their mutual satisfaction, the 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. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 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. 11. MILITARY PENSION: HUSBAND has a military retirement benefit as a result of his service in the United States Armed Forces. That benefit is in pay status. WIFE shall receive 60% of the marital portion of the gross military retirement benefit. The marital portion is defined by the coverture fraction which is a number less than one where the numerator is the number of months of married service in the military and the denominator is the number of months of total military service. The parties stipulate and agree that the Domestic Relations Order required to process WIFE's benefit shall be prepared by Conrad Siegel Actuaries. The costs of preparing the Order and implementing the Order shall be paid by WIFE. The parties stipulate and agree that they will cooperate in executing any and all documents necessary to give full force and effect to the terms of this provision within ten (10) days of any request. HUSBAND shall continue to elect and pay for the Survivor Benefit Coverage (SBP) insuring WIFE's benefit. The continuation of SBP protects WIFE's benefit in the event that HUSBAND predeceases WIFE. In consideration of HUSBAND's payment for the Survivor Benefit Coverage, WIFE agrees that in the event HUSBAND predeceases her she will become the primary physical custodian of the minor children. HUSBAND agrees to provide to WIFE, upon WIFE's request, proof of the confirmation of the SBP for her benefit. Should HUSBAND fail or refuse to provide such confirmation, this Agreement shall serve as HUSBAND's continuing authorization to confirm the maintenance of the SBP coverage for her benefit directly through the Defense Finance and Accounting Service 5 (DFAS) or any other government agency that collects and maintains such information. 12. CHILD SUPPORT AND ALIMONY: HUSBAND is the primary physical custodian of the minor child of the parties. For so long as HUSBAND shall have primary physical custody of the minor child and for so long as an Order for child support is entered in the Court of Common Pleas or any other court of competent jurisdiction in favor of HUSBAND and against WIFE, an award of alimony shall be due from HUSBAND to WIFE in an amount equal to $1.15 of alimony for each $1.00 of child support owed HUSBAND by WIFE for as long as the child support order shall continue. Should HUSBAND fail to pay alimony to WIFE in that event, and WIFE files an action to enforce payment of alimony by HUSBAND, WIFE shall further be entitled to payment of attorney's fees and costs from HUSBAND. WIFE may also seek a wage attachment of HUSBAND's wages or military retired pay for non-payment of his obligations pursuant to this paragraph. WIFE currently receives Spousal Support from HUSBAND through the Domestic Relations Section of the Cumberland County Court of Common Pleas, Docket Number 353 S 2007, PACSES Number 105109156. That Order shall terminate upon receipt by WIFE of her first payment from DFAS of her share of the military retired pay. Upon receipt of that payment, WIFE shall promptly notify the Domestic Relations Section to close and terminate her Spousal Support action, subject only to the collection of any arrears due and owing. Until such time, the Spousal Support Order shall remain in full force and effect. 13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that there existed joint checking and savings accounts for HUSBAND and WIFE with Members 1 st Federal Credit Union. Those joint accounts have been closed and divided to the mutual satisfaction of the parties. 14. WIFE'S VEHICLE: The vehicle in WIFE's possession, a 1994 Oldsmobile shall become her sole and separate property. HUSBAND waives all right title and interest in said vehicle. HUSBAND agrees to sign any and all documents necessary to effectuate the transfer and give effect to this paragraph within ten (10) days of any request by WIFE. 6 The vehicle in HUSBAND's possession, a 1999 Chevrolet, shall become his sole and separate property. WIFE waives all right title and interest in said vehicle. WIFE agrees to sign any and all documents necessary to effectuate the transfer and give effect to this paragraph within ten (10) days of any request by HUSBAND. 15. COUNSEL FEES: HUSBAND agrees to pay to WIFE as part of the Equitable Distribution herein, reimbursement for her counsel fees in the amount of $6000.00. Said payment shall be made in 60 equal monthly installments at the rate of 6% per annum. The monthly payment shall be $116.00 until paid in full. Payments are due by the first of the month beginning with May 1, 2008 and continuing thereafter until paid in full. Should HUSBAND fail to pay the installment payments due to WIFE pursuant to this paragraph, and WIFE files an action to enforce payment of said payments by HUSBAND, WIFE shall further be entitled to payment of attorney's fees and costs from HUSBAND. WIFE may also seek a wage attachment of HUSBAND's wages or military retired pay for non-payment of his obligations pursuant to this paragraph. 16. 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 for all purposes as though he or she were unmarried. 17. INCOME TAX: The parties have heretofore filed joint Federal and State 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, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 18. 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. 19. 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. 20. EFFECT OF BANKRUPTCY: The parties acknowledge and agree that they have specifically structured this agreement so that the terms, covenants and conditions set forth herein are nondischargeable in bankruptcy under 11 U.S.C. §523(a)(5), §523(a)(15), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration for the making of this agreement, that: (a) Such obligations are alimony, maintenance for, or support of the other party; (b) The party filing bankruptcy, hereafter the "filing party", has the ability to pay such debt from the income or property not reasonably necessary to be expended for the maintenance or support of the filing party or of a dependent of the filing party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such a business; (c) Discharging such debt will not result in a benefit to the filing party that it would outweigh the detrimental consequences to the other party. Both parties further acknowledge that the preceding terms and representations set forth their actual intent. 21. 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 8 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. 22. 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. 23. 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. 24. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. 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. 26. 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. 27. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be 9 separate and independent Agreement. 28. 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 the preparation of this Agreement. 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 any court having jurisdiction 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 the Agreement shall in all other respects remain in full force and effect. 29. 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 party 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. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 31. 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. 10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. T? :WITNESS TONG N MBACHER WITNESS TRACY L. WOMBACHER 11 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this, the day of , 2008, before me, the undersigned officer, personally appeared TONG RAN WOMBACHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC (SEAL) MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF On this, the day of , 2008, before me, the undersigned officer, personally appeared TRACY L. WOMBACHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC MY COMMISSION EXPIRES: Ilccpasr07Wcca$Idat&tcolyerl Wombacher Agreement.doc (SEAL) 12 EXHIBIT B Tong Ran Wombacher IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE Tracy L. Wombacher Defendant NO. 02-3191 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Tracy L. Wombacher ("Participant") is a Participant in the Plan. Tong Ran Wombacher ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Tracy L. Wombacher 1703 Hilltop Drive Altoona, PA 16601-9528 Social Security No.: 179-50-1946 Date of Birth: December 28, 1957 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Tong Ran Wombacher 4412 Gettysburg Road, Apt. 9 Camp Hill, PA 17011 Social Security No.: 211-68-2305 Date of Birth: June 29, 1964 7. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. 8. The Participant's rights under the Servicemembers' Civil Relief Act were observed by the Court as evidenced by the Participant's presence at the proceedings. DRO Page 2 9. This Order assigns to Alternate Payee an amount equal to 43.53% of the Participant's disposable military retired pay under the Plan. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Paragraph 9. 10. Payments to Alternate Payee shall commence as soon as administratively feasible following the date this Order is approved by the appropriate Military Pay Center. 11. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's disposable military retired pay shall revert to the Participant. 12. The Participant agrees to elect to make the Alternate Payee (and such Alternate Payee shall be deemed) the irrevocable beneficiary of the survivor's Survivor Benefit Plan ("SBP"), to the extent survivor benefits were previously provided under the Survivor Benefit Plan. The Participant shall make the necessary election in a timely manner to effectuate the SBP coverage for the Alternate Payee and shall execute such paperwork as is required. 13. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 14. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on March 9, 1987, and separated on July 3, 2002. 15. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 16. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 17. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 18. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Air Force may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 19. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS-CL/GAG, Assistant General Counsel for Garnishment Operation, Defense Finance and Accounting Services Cleveland, P.O. Box 998002, Cleveland, Ohio 44199-8002 and to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130. The Participant agrees to provide DRO Page 3 any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. Deemed Election Letter b. A certified copy of the Divorce Decree. C. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Mr. and Mrs. Wombacher. e. An executed copy of Form 2656-1 entitled "Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage." f. An executed copy of Form 2293 entitled "Application for Former Spouse Payments From Retired Pay." 20. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. 21. If the VA Waiver is increased, the DRO shall be amended to provide the Alternate Payee with the same benefit she was receiving immediately before the increase in the VA Waiver. Accepted and Ordered this day of , 20_. BY THE COURT CONSENT TO ORDER: Judge ?- I /os .1 Plain ifVAlternate Payee Date efendan articipant Date /,/I ? -oil. kyo? - Attorne lai ff/ Date Attorney for Defendant/ ate Alternate Payee Participant EXHIBIT C Conrad Siegel A C T U A R I E S The Employee Benefits Company Timothy J. Colgan, Esq. Colgan Marzzacco, LLC 130 West Church Street, Suite 100 Dillsburg, PA 17019 501 Corporate Circle • P.O. Box 5900 • Harrisburg, PA 17110-0900 Phone (717) 652.5633 Fax (717) 540-9106 www.conradslegel.com Re: Actuarial Services Rendered Through August 12, 2008 Invoice Date 8/13/2008 Wombacher vs. Wombacher Invoice No. X819:20081519 Total Invoice $ 600.00 Qe? ? `?°t Please include the invoice number on your remittance and mail to the attention of Beth Fetterhoff. Interest will accrue at a rate of 1.5% per month on balance outstanding more than 30 days. EXHIBIT D COLGAN MARMACCO, LLC OPERATING ACCOUNT Conrad Siegel Actuaries 1523 8/21/2008 Cost to obtain acutarial services through Conrad Sie 600.00 Operating Account Invoice No: X819:20081519; Wombacher 600.00 EXHIBIT E D THE LAW OFFICES OF COLGAN MARZZACCO LLC Tracy L. Wombacher 1703 Hilltop Drive Altoona, PA 16601 130 W. Church Street Suite 100 Dillsburg, PA 17019 ph. 717-502-5000 fx. 717-502-5050 tf. 800-615-0115 August 19, 2008 Timothy J. Colgan Offices in Dillsburg, Christopher J. Marzzacco Harrisburg & York David E. Hershey www.cmlawl.com Thomas M. Clark Paul J. Kovatch Re: Tong Ran Wombacher v. Tracy L. Wombacher Docket No. 02-3191 Divorce Dear Mr. Wombacher: Enclosed please find the bill for the actuarial services provided by Conrad Siegel Actuaries. Pursuant to Paragraph 11 of the Marital Settlement Agreement, you are required to pay this bill in full. Please remit a check in the amount of $600.00 to my office upon receipt of this letter. Additionally, on July 24, 2008, you were provided with the revised Qualified Domestic Relations Order. Please sign and return that document immediately so that I can finalize the divorce action. Very truly yours, COLGAN MARZZACCO, LLC /7*0 by Timothy J. Colgan TJC/j lr Enclosure cc: Tongran Wombacher Conrad Siegel A C T U A R I E S The Employee Benefits Company Timothy J. Colgan, Esq. Colgan Marzzacco, LLC 130 West Church Street, Suite 100 Dillsburg, PA 17019 501 Corporate Circle • P.O. Box 5900 • Harrisburg, PA 17110-0900 Phone (717) 652-5633 Fax (717) 540-9106 www.conradsiegel.com Re: Actuarial Services Rendered Through August 12, 2008 Wombacher vs. Wombacher Total Invoice Invoice Date 8/13/2008 Invoice No. X819:20081519 $ 600.00 O?A- k?u' ej?? Please include the invoice number on your remittance and mail to the attention of Beth Fetterhoff. Interest will accrue at a rate of 1.5% per month on balance outstanding more than 30 days. THE LAW OFFICES OF COLGAN MARZZACCO LLC Tracy L. Wombacher 1703 Hilltop Drive Altoona, PA 16601 130 W. Church Street Suite 100 Dillsburg, PA 17019 ph. 717-502-5000 fx. 717-502-5050 tf. 800-615-0115 September 17, 2008 Timothy J. Colgan Christopher J. Marzzacco David E. Hershey Thomas M. Clark Paul J. Kovatch Re: Tong Ran Wombacher v. Tracy L. Wombacher Docket No. 02-3191 Divorce Dear Mr. Wombacher: Offices in Dillsburg, Harrisburg & York www.cmlawl.com I previously sent you the Qualified Domestic Relations Order on July 24, 2008. Additionally, I sent you the bill for the preparation of that Qualified Domestic Relations Order on August 19, 2008 demanding payment for the Qualified Domestic Relations Order per Paragraph 11 of the Marital Settlement Agreement and also once again requesting that you sign the Qualified Domestic Relations Order so that the divorce could be finalized. You have ignored both of my letters. Please be advised that if I do not have the signed Qualified Domestic Relations Order and payment in full of the $600.00 made payable to my firm in the next ten (10) days, I will file a Petition for Contempt and Enforcement of the Martial Settlement Agreement against you in the Court of Common Pleas of Cumberland County. As you know from your prior experience with this process, you will be ordered to pay my attorneys' fees for having to take this unnecessary step. Very truly yours, COLGAN MARZZACCO, LLC by Timothy J. Colgan TJC/jlr Enclosure cc: Tongran Wombacher v TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. DIVORCE CERTIFICATE OF SERVICE I, Jeanette L. Roberts, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Tracy L. Wombacher 1703 Hilltop Drive Altoona, PA 16601 COLGAN MARZZACCO, LLC B Je tte L. Roberts Dated: 1,013007 t... ,? ? f 4-`? S 4 t. TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : TRACY L. WOMBACHER, DEFENDANT NO. 02-3191 CIVIL ORDER OF COURT AND NOW, this 5th day of November, 2008, upon consideration of the Plaintiff's Petition to Enforce Marital Settlement Agreement, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 25, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ??l ?A M. L. Ebert, Jr., J. Timothy J. Colgan, Esquire Attorney for Plaintiff Tracy L. Wombacher, Pro Se bas rw?cf Ca7G?d ??ns"- od z ft( ryt??l? 1 ?•i??15 fk ' t f?G??tf I? 1,t\? VI f??1 ` Z v( ]? 39 :6 AON gool TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. DIVORCE AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the Court Order dated November 5, 2008, signed by The Honorable M.L. Ebert, Jr., on the Defendant, Tracy Wombacher on November 10, 2008, via Regular Mail, postage pre-paid, at the Defendant's current address: 1703 Hilltop Drive, Altoona, PA 16601. Date: November 11, 2008 COLGAN MARZZACCO, LLC 4ietate V.-kWbeits COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK : SS On this, the 11`h day of November, 2008, before me, a notary public, personally appeared Angel Revelant known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. kuA_?? COMMONWEALTH OF PENNSYLVANIA NOTARY P Notarial Seal My Commission Expires: Timothy J. Colgan, Notary Public Dillsburg Boro, York County My Commission Bores Oct. 3, 2010 Member, Pennsylvania AssoClaYron of N0we. n 0 X07 0 M 9 n r O n O n O W ??C.y rah h '1J M? W ? .r 3 00 0 ?ytc oo 0 n t y N N o m o z m o C ? T Z W _ c O ll? ? - 00 'V N ',O t7 G 10 10 00 ZZ r??''rt- 3 TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Tongran Wombacher, by and through her counsel, Timothy J. Colgan, Esquire and hereby moves this Honorable Court to make the Rule issued on November 5, 2008 in the above-captioned matter absolute and in support thereof respectfully avers as follows: 1. The Plaintiff is Tongran Wombacher. 2. The Defendant is Tracy L. Wombacher. 3. On or about November 3, 2008, Plaintiff filed a Petition to Enforce Martial Settlement Agreement in the above-captioned matter. 4. On or about November 5, 2008, the Court issued a Rule to Show Cause, returnable within twenty (20) days from service (the Rule is attached hereto as Exhibit A). 5. On or about November 11, 2008, the Office of undersigned counsel served a copy of the Rule to Show Cause on Defendant. An Affidavit of Service was filed on November 13, 2008 (The Affidavit of Service is attached hereto as Exhibit B). 6. More than twenty (20) days have expired since service of said Rule. No answer to the Petition to Enforce the Martial Settlement Agreement or the Rule to Show Cause has been filed. WHEREFORE, for the above reasons, it is respectfully requested that this Honorable Court make the Rule issued on or about November 5, 2008 Absolute and Grant the Relief requested in Plaintiff's Petition to Enforce Marital Settlement Agreement. Respectfully Submitted, COLGAN MARZZACCO,LLC By Timothy J. C 1 , Esq ire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: 12 -5-08 EXHIBIT A TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY L. WOMBACHER, DEFENDANT NO. 02-3191 CIVIL ORDER OF COURT AND NOW, this 5th day of November, 2008, upon consideration of the Plaintiff's Petition to Enforce Marital Settlement Agreement, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 25, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, - ??l ?- M. L. Ebert, Jr., J. Timothy J. Colgan, Esquire Attorney for Plaintiff Tracy L. Wombacher, Pro Se bas rRUE COPY FROM RECORD Testimony whereof, I here unto W my hang A the seal of said Court at Cadkft, FL nig,- f1 _day of ? , a CV 8 EXHIBIT B TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW r Defendant. DIVORCE w ; AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the Court Order dated November 5, 2008, signed by The Honorable M.L. Ebert, Jr., on the Defendant, Tracy Wombacher on November 10, 2008, via Regular Mail, postage pre-paid, at the Defendant's current address: 1703 Hilltop Drive, Altoona, PA 16601. Date: November 11, 2008 COMMONWEALTH OF PENNSYLVANIA COLGAN MARZZACCO, LLC B? . n A -?k 4\?- i?b" J ette . Roberts SS COUNTY OF YORK On this, the I It' day of November, 2008, before me, a notary public, personally appeared Angel Revelant known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. A?/? COMMONWEALTH OF PENNSYLVANIA NOTARY P Notarial Seal My Commission Expires: Timothy I Colgan, Notary Public Dillsburg Boro, York FCounty My Commission Bores 3, 2010 Member, Pennsylvania Asso,of Notarie. n 0 dwo ?? N (y b a ? r FO a o W? ? xr a? o 0 (D ?o O? 00 Cl C r ?0 aO O i O n` N ?y ?N A ? N m O U n Z O rn o G '0 m m O lJ1 0 V fV 10 t7 G 10 CD O 00 1- TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. DIVORCE CERTIFICATE OF SERVICE I, Jeanette L. Roberts, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Tracy L. Wombacher 1703 Hilltop Drive Altoona, PA 16601 COLGAN MARZZACCO, LLC c B "i-A n rdA Je ette oberts Dated: C3 ??, - ? ? r?? i -•,? rn ::? 1 ... `=? ?? c { ... "T. "1 .T=. r..?. ? ??7 ., ?K"? ? } DEC 10 04 TONGRAN WOMBACHER, Plaintiff, V. TRACY L. WOMBACHER, Defendant. IN THE COI CUMBERL? NO. 02-3191 CIVIL ACTI DIVORCE ORDER AND NOW this 14? day of O G4tM? Ur DECREED that Plaintiff's Motion to Make Rule Absolute in THEREFORE, it is hereby ORDERED and DECREED as a) Respondent shall pay Petitioner's actual preparation and prosecution of the Petition to Enforce M, for the Petitioner shall provide Respondent with the total ten (10) days from the date Petitioner's Counsel provides for Petitioner via certified funds; and b) Respondent is Ordered to pay the attorneys' Settlement Agreement in full within ten (10) days of the c) Respondent shall pay Colgan Marzzacco $300 per annum from August 21, 2008 until paid in full represendn r OF COMMON PLEAS ) COUNTY, PENNSYLVANIA f - IN LAW 2008, it is hereby ORDERED and this matter is hereby GRANTED. ' fees incurred in the Settlement Agreement. Counsel incurred. Respondent shall have with that statement to pay Counsel called for in the Marital s Order via certified funds; and plus interest at the rate of 6% Defendant's obligation pay the cost of the preparation of the Qualified Domestic Relations O der as agreed to in the Marital Settlement Agreement. BY THE OURT: stribution: ?mothy J. Colgan, Esquire ?acy L. Wombacher /a/1Z16 8 J. I DES ettLSCL 4Ya 1 ME Ati w b ?: t L JU r TONGRAN WOMBACHER, Plaintiff, V. TRACY L. WOMBACHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 CIVIL ACTION - IN LAW DIVORCE PLAINTIFF'S MOTION TO VACATE APPOINTMENT OF DIVORCE MASTER AND NOW, comes the Plaintiff, Tongran Wombacher, by and through her attorney, Timothy J. Colgan, Esquire of Colgan Marzzacco, LLC, and files Plaintiff's Motion to Vacate Appointment of Divorce Master, respectfully averring as follows: 1. A Divorce Complaint was filed on July 3, 2002 under Section 3301(c) or 3301(d) of the Divorce Code. 2. On October 21, 2003, Plaintiff filed a Motion for Appointment of Master. 3. On October 21, 2003, this Honorable Court, per the Honorable George E. Haffer, President Judge, appointed E. Robert Elicker, Esquire as the Divorce Master. 4. On April 10, 2008, the parties entered into a Martial Settlement Agreement whereby resolving all economic claims. Said Agreement was filed with this Honorable Court on April 10, 2008. 5. The appointment of E. Robert Elicker, Esquire as Divorce Master may be vacated as the parties have resolved all economic claims. WHEREFORE, Plaintiff respectfully requests this Honorable Court vacate the appointment of the Divorce Master. Respectfully Submitted, COLGAN MARZZACCO, LLC By Timothy J. , squire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: (.." „? CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: E. Robert Elicker, Master Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Tracy L. Wombacher 1703 Hilltop Drive Altoona, PA 16601 Date: 140"0 By: Timoth of , Esquire C"3 '" - _ `? ::?, ~rz { ?, -r ;? N -n r?°t ? t . _ ? ? ? _ ? . , ?a` .; -„ f,,? `. i 'JAN 2 120096 TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. DIVORCE ORDER AND NOW, this *10il day of 1 d , 2009, the within Motion of Plaintiff to Vacate Appointment of Divorce Master, having been reviewed by this Court, and an agreement between the parties as to all outstanding economic issues having been resolved, the Motion to Vacate the Appointment of E. Robert Elicker, Esquire, as Divorce Master, is hereby GRANTED. BY THE COURT: JO*I, STRIBUTION: othy J. Colgan, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 racy L. Wombacher, 1703 Hilltop Drive, Altoona, PA 16601 120F iks, fnatzej-, ?;?:4t1 r1"sb'?1 Sj :II V 6Z NVf 6091 TONGRAN WOMBACHER, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. 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: Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery on July 20, 2002, said Affidavit of Service was filed with this Honorable Court on August 1, 2002. 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: April 10, 2008 ; By Defendant: April 10, 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 April 10, 2008 and filed with this Honorable Court on April 10, 2008. 1 . .-% 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 Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 10, 2008; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 10, 2008. Respectfully Submitted, COLGAN MARZZACCO, LLC By akto;?? Timothy J. C W, E ire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated:- (0030-ri - '? ?t sa ?' ? ?.? ? ` ??' ''0? 4 ?_ ??M11?? ?Y?+? r? r .• Tong Ran Wombacher Plaintiff VS. Tracy L Wombacher Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN DIVORCE NO DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recogni es the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO is entered pursuant to authority granted under t e applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Military Retirement System ("Pla ") and any successor thereto. Tracy L. Wombacher ("Participant") is a Participant in the Pl . Tong Ran Wombacher ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 5. The Participant's name, mailing address, Social Security n ber and date of birth are: Tracy L. Wombacher 1703 Hilltop Drive Altoona, PA 16601-9528 Social Security No.: 179-50-1946 Date of Birth: December 28, 1957 6. The Alternate Payee's name, mailing address, Social Securi y number and date of birth are: Tong Ran Wombacher 4412 Gettysburg Road, Apt. 9 Camp Hill, PA 17011 Social Security No.: 211-68-2305 Date of Birth: June 29, 1964 7. The Participant assigns to the Alternate Payee an interest i the Participant's disposable military retired pay. The Alternate Payee is entitled to a di ect payment in the amount specified below and shall receive payments at the same time a the Participant. 8. The Participant's rights under the Servicemembers' Civil ief Act were observed by the Court as evidenced by the Participant's presence at the proceeding . t DRO ' Page 2 9. This Order assigns to Alternate Payee an amount equal to 41.53% of the Participant's disposable military retired pay under the Plan. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata hare shall be calculated in the same manner as the Alternate Payee's share of the Participant's r tirement benefits is calculated pursuant to this Paragraph 9. 10. Payments to Alternate Payee shall commence as soon as a4 following the date this Order is approved by the appropriate Military Center. feasible 11. Payments shall continue to Alternate Payee for the r, lifetime. If the Alternate Payee dies before the Participant, the Participant's disposable military retired pay shall revert to the of the Participant's Payee's share of the 12. The Participant agrees to elect to make the Alternate Paye (and such Alternate Payee shall be deemed) the irrevocable beneficiary of the survivor's Survivor Benefit Plan ("SBP"), to the extent survivor benefits were previously provided under the Survivor enefit Plan. The Participant shall make the necessary election in a timely manner to a ectuate the SBP coverage for the Alternate Payee and shall execute such paperwork as is requir d. 13. The jurisdictional requirements of 10 U.S.C. Section 1408 ave been complied with, and this Order has not been amended, superseded, or set aside by any sub equent order. 14. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant pe ormed more than ten years of creditable military service. The parties were married on March 9, 987, and separated on July 3, 2002. 15. The Alternate Payee agrees that any future overpayments o her are recoverable and subject to involuntary collection from her or her estate. 16. The Alternate Payee agrees to notify DFAS about any ch es in the Domestic Relations Order or the order affecting these provisions of it, or in the ligibility of any recipient receiving benefits pursuant to it. 17. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Sectio 1408 and following. 18. The Participant agrees to cooperate with the Alternate Pa ee to prepare an application for direct payment to the Alternate Payee from the Participant's retir d or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all doc ents that the United States Air Force may require to certify that the disposable military retired ay can be provided to the Alternate Payee. 19. The parties acknowledge that the following items must be ent by the Alternate Payee to DFAS-CL/GAG, Assistant General Counsel for Garnishment Oper tion, Defense Finance and Accounting Services Cleveland, P.O. Box 998002, Cleveland, Ohio 4 199-8002 and to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130. The articipant agrees to provide • t 4 DRO Page 3 any of this information to the Alternate Payee at the Alternate Paye?ayee request and to make all necessary efforts to obtain any of this information that the Alternate is unable to obtain. a. Deemed Election Letter b. A certified copy of the Divorce Decree. C. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Mr. and Mrs. We e. An executed copy of Form 2656-1 entitled "Survivor B nefit Plan (SBP) Election Statement for Former Spouse Coverage." f. An executed copy of Form 2293 entitled "Application fpr Former Spouse Payments From Retired Pay." 20. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement b nefits awarded herein. 21. If the VA Waiver is increased, the DRO shall be amended t provide the Alternate Payee with the same benefit she was receiving immediately before the increase in the VA Waiver. tl? Accepted and Ordered this R day of ft. w o t! 20 BY THE I\K**-t CONSENT TO ORDER: ld8 Plain iff/Alternate Payee Date 10 /b D$ Attorne lai ff/ Date Alternate Payee Judge Attorney for Participant l ,? D Date ia-41) Al to 0 ViN 'aA,1AS'th --Jlal :Z ? 0 ! 53.E 6001 TONGRAN WOMBACHER V. TRACY L. WOMBACHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 CIVIL TERM DIVORCE DECREE AND NOW, VA cue.rv it is o dered and decreed that TONGRAN WOMBACHER plaintiff, and TRACY L. WOMBACHER defendant, are divorced from the bonds of matrimony. 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.") The terms and provisions of the Martial Settlement Agreeme t signed by the pa ies an dated Api'll 10, 2008 are hereby incorporated u not merged in the Decree of Divorce and remain binding upon the parties By the Court, Attest: J. Prothonotary Y ? ??? ? ??''! '.''?'? i?y'?'? ?? ? ?-e?!" TONGRAN WOMBACHER, Plaintiff, v. TRACY L. WOMBACHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3191 CIVIL ACTION - IN LAW DIVORCE PETITION FOR CONTEMPT AND NOW, comes the Plaintiff, Tongran Wombacher, by and through her counsel, Timothy J. Colgan, Esquire and files the instant Petition for Contempt in support thereof, avers as follows: 1. The parties in the above-captioned matter are formerly Husband and Wife having been divorced on February 9, 2009 by The Honorable M.L. Ebert, Jr. 2. The Divorce Decree incorporated the terms and provisions of the Marital Settlement Agreement signed by the parties and dated April 10, 2008. The terms of the Martial Settlement Agreement were incorporated, but not merged in the Decree of Divorce and remain binding upon the parties. 3. As a result of Defendant's failures to honor the terms of the Marital Settlement Agreement, Counsel for the Plaintiff filed a Petition to Enforce the Marital Settlement Agreement on November 3, 2008. 4. A Rule to Show Cause was issued by The Honorable M.L. Ebert, Jr. on November 5, 2008. 5. No answer to the Rule to Show Cause was filed by the Defendant and Plaintiff filed a Motion to Make Rule Absolute on December 9, 2008. 6. The Honorable M.L. Ebert, Jr. issued an Order dated December 16, 2008 granting Plaintiff's Motion to Make Rule Absolute. A copy of Judge Ebert's Order is attached as Exhibit A. A copy of the Order was mailed by the Court to the Defendant on December 17, 2008 as identified on the bottom-left corner of the Court's Order. 7. Additionally, the Plaintiff served a copy of Judge Ebert's Order on the Defendant on January 7, 2009 with a demand for payment as outlined in Judge Ebert's Order of December 16, 2008. A copy of that letter is attached hereto as Exhibit B. 8. The Defendant has failed to pay the sums ordered by Judge Ebert. 9. The Defendant has made no efforts to contact counsel for the Plaintiff in this regard. 10. The Defendant has advised the Plaintiff directly that he has no intention to pay the sums ordered by Judge Ebert or honor Judge Ebert's Order. 11. The Defendant has a history of ignoring Orders of the Court in this matter. 12. Judge Ebert issued a bench warrant for the arrest of the Defendant for his failure to appear for a contempt hearing related to the above-captioned matter on November 29, 2006. 13. It was only after the Defendant was arrested and transported to Cumberland County that the Defendant appeared before the Court. 14. The Defendant has repeatedly demonstrated a disregard for the court process. 15. Specifically, the parties appeared in front of Divorce Master Elicker on February 4, 2004 at which time an agreement was reached in principal. 16. As a result of that agreement, counsel for the Plaintiff drafted a Marital Settlement Agreement. 17. The Defendant ignored the Agreements that were sent to him and refused to sign the Agreement necessitating that the matter be re-listed with the Divorce Master. 18. The case was re-listed with the Divorce Master in March 2006. 19. A Pre-Trial Conference was scheduled for May 25, 2006. 20. The Defendant failed to appear for that Pre-Trial Conference. WHEREFORE, as a result of the Defendant's failure to obey the Court's Order of December 16, 2008 as well as the Defendant's repeated disregard for the authority of the Court, it is requested that the Court hold the Defendant in contempt and order that the Defendant be held until such time as he purges himself of his contempt by complying with the terms of the Court's Order of December 16, 2008 and until such time as his pays Plaintiff's counsel's actual attorneys' fees for having to continually file motions with the Court to obtain Defendant's compliance with the Orders issued by the Court. Respectfully Submitted, COLGAN MARZZACCO, LLC By Timothy quire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: _zo -61 EXHIBIT A DEC 10 2009& TONGRAN WOMBACHER, IN THE COI Plaintiff CUMBERLJ V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTT Defendant. DIVORCE f OF COMMON PLEAS D COUNTY, PENNSYLVANIA - IN LAW ORDER AND NOW this R day of `LLm+ Vf , 2008, it is hereby ORDERED and DECREED that Plaintiffs Motion to Make Rule Absolute in 's matter is hereby GRANTED. THEREFORE, it is hereby ORDERED and DECREED as a) Respondent shall pay Petitioner's actual atb preparation and prosecution of the Petition to Enforce Mar for the Petitioner shall provide Respondent with the total fi ten (10) days from the date Petitioner's Counsel provides 1 for Petitioner via certified funds; and b) Respondent is Ordered to pay the attorneys' Settlement Agreement in full within ten (10) days of the G C) Respondent shall pay Colgan Marzzacco $31 per annum from August 21, 2008 until paid in full represen cost of the preparation of the Qualified Domestic Relations Settlement Agreement. BY THE button: othy J. Colgan, Esquire TT y L. Wombacl?er t.: Op t kS ??.t 1 /?ld PS fees incurred in the Settlement Agreement. Counsel incurred. Respondent shall have with that statement to pay Counsel called for in the Marital Order via certified funds; and plus interest at the rate of 6% Defendant's obligation pay the er as agreed to in the Marital T: J. c 0: S IO J L 1 330 980Z yL•+...?. ..?: ?rLl. EXHIBIT B D THE IAW OFFICES OF COLGAN MARZZACCO LLC 130 W. Church Street Suite 100 Dllisburg, PA 17019 ph. 717.502-5000 fa. 717-502-5050 tf. 800.615-0115 January 7, 2009 Tracy L. Wombacher 1703 Hilltop Drive Altoona, PA 16601 Re: Tong Ran Wombacher v. Tracy L. Wombacher Docket No. 02-3191 Divorce Dear Mr. Wombacher: Timothy J. Colgan Offices in Dillsburg, Christopher J. Marzzacco Harrisburg & York David E. Hershey www.cmiawl.com Thomas M. Clark Paul J. Kovatch I am enclosing an additional copy of Judge Ebert's Order of December 16, 2008 requiring that you pay my client's actual attorneys' fees for the Petition to Enforce the Marital Settlement Agreement, the attorneys' fees called for in the Martial Settlement Agreement and your share of the cost of the preparation of the Qualified Domestic Relations Order. The total due from you (good through January 19, 2009) is $6,964.83. The breakdown is as follows: attorney's fees incurred in the preparation and prosecution of the Petition to Enforce the Marital Settlement Agreement, $397.00, legal fees called for in the Martial Settlement Agreement, plus 6% interest through January 19, 2009, $6,260.38 and one half of the cost of the preparation of the Qualified Domestic Relations Order, plus 6% interest from August 21, 2008 through January 19, 2009, $307.45. Per Judge Ebert's Order you shall pay this amount via certified funds not later than ten (10) days from today's date. If you fail or refuse to pay these amounts due, I will file a request with the Court that you be held in contempt and pay the costs and fees associated with that unnecessary procedure. Very truly yours, COLGAN MARZZACCO, LLC lA'6';d by Timothy J. Colgan TJC/jlr cc: Tongran Wombacher (w/enclosure) TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. DIVORCE CERTIFICATE OF SERVICE I, Jeanette L. Roberts, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Tracy L. Wombacher 1703 Hilltop Drive Altoona, PA 16601 COLGAN MARZZACCO, LLC 4Jete L. Roberts Dated: d. i?b r Ti 3 ? W TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY L. WOMBACHER, DEFENDANT NO. 02-3191 CIVIL ORDER OF COURT AND NOW, this 5th day of March, 2009, upon consideration of the Plaintiff's Petition for Contempt, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why he should not be held in contempt of court; 2. The Defendant will file an answer within 20 days of service of this Order upon him; IT IS FURTHER ORDERED AND DIRECTED that the Plaintiff shall personally serve the Defendant with a copy of this order and advise the Court of the date of service. A hearing on the Petition for Contempt shall be held on Friday, May 15, 2009, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, vv?, -? A M. L. Ebert, Jr., J. ? Timothy J. Colgan, Esquire Attorney for Plaintiff ? Tracy L. Wombacher, Pro Se bas (2Q I F S m.a Lr,? 3/4/ 09 ?n VINVAI ,uNnc, 6 ! .9 WV 9- HVW 601 AWiON .'8d 3HL dO 30ta(331IJ Affidavit of Process Server In The Court of Common Pleas of Cumberland County, Pennsylvania (NAME OF COUFM Tongram Wombacher VS Tracy L. Wombadher No. 02-3191 C1W PLAINTIFF / PETITIONER DEFENDANT / RESPONDENT CASE 1 DOCKET NUMBER 1. Deborah M. Elvis , being first duly sworn, depose and say: that 1 on over the ape of 1s years and not a pmnty to this motion, and that within the boundaries of the state where service urea 0tfscW4 l was autlMtN d by law to perform odd service. Service: I served Tracy L. Wornbacher NAME OF PERSON / ENTRY BEING SERVED with (list dOCxsnerrts) Order of Court dated 3/5/09 by leaving with Tracy L. Wmftdw self At NAME RELATIONSHIP / TITLE Residence 1703 Hilltop Drive Altoona, PA 16601 ADDRESS CITY / STATE 123P Business ADDRESS CITY / STATE / ZIP On Wed., March 18.2009 AT 6:30 p.m. DATE TIME Thereafter copies of the docuunents were mailed by prepaid, first dam mail on DATE from CITY STATE ZIP Manner of Service: Q Personal: By personally delivering copies to the person being served. QSlrbstldrted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of and explaining the general) nature of the papers. 08 tr1 bstl - I - it at Basiniew, By leaving, during office hours, copies at the office of the persbWentity being served with the person apparently in charge thereof. ? Posting: By posting copies in a conspicuous manner to the front door of the persorVentity being served. Mort!4er0ce:. After due search, careful inepry and d (tent attempts at the address(es) listed above, I have been jumble to effer:t process upon the person/entity being served because of the f slowing reason(s): H IMdorsw st Addrea wed, felt mo Forrmrd'wii Camcdiod blf litimrrt to Sena in Troth FSSM N Ad*M boas hush EdU ? 0d Service Attempts: Service was attempted on: (1) 3/17/09 A 6:15 pm (2) DATE TIME DATE TIME (3) (4) DATE TIME DATE TIME DATE TIME Approxiinaft Descr"m:. Age 50 Sex Male Race Cauc Height 510' Weight 250 NxHair Red BearcLYes_Glasses no L., J S.G NATu F rReL-Ex SERVER SWBSCFtWW MID SWORN to before me this 19th ?y of March 2009: ,. ?COM ONUV TH l=_PL' N9W. ? . Notallet Beal Q. Mm" A. CwOd. Nofty Pd* LW iNM E ?Oec 11 SIGNATU NOTARY Mir *w. Penlnom* Assod m; d QWWORY PUBM for the slate of Pennsylvania FORM 2 NATIONAL ASSOCIATION OF PROFESSONAL PROCESS SERVERS ??3 rte, <T. ?? -;? r, , -? ;.gib - --, ? -- 1? ? - r, ; ice,? ,? „ ` r- G:7 ?'":: ..; ? _ ? ?^ Cy_ ?' ff` ? ? ? ' ?' i i y I w 9 4 TONGRAN WOMBACHER, Plaintiff V TRACY L. WOMBACHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3191 CIVIL TERM CIVIL ACTION - LAW DIVORCE IN RE: PETITION TO ENFORCE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 15th day of May, 2009, this being the time and place set for a hearing on the Plaintiff's Petition to Enforce Settlement Agreement, and a Rule to Show Cause why the defendant should not be held in contempt, IT IS HEREBY ORDERED AND DIRECTED that the court does find beyond a reasonable doubt that the defendant has failed to comply with the Court's directives and accordingly he is found in contempt. In order to purge this contempt, the defendant will within 10 days agree to execute a wage attachment of his wages with the Commonwealth of Pennsylvania in the amount of $116.00 a month. Said payment shall continue until the gross balance of $7,543.87 is paid. Failure at any time to terminate employment or end this wage attachment will result in the defendant's immediate imprisonment until he comes back into compliance. IT IS FURTHER ORDERED AND DIRECTED upon upon examination of the marital agreement that the defendant was not responsible for payment of the actuarial bill through Conrad Siegel. Accordingly, he shall not be assessed any moneys for this cost. IT IS FURTHER ORDERED AND DIRECTED that counsel shall Wombacher V Wombacher 02-3191 Civil Term Page 2 provide the court with a proposed order to effectuate the wage attachment with the various alternatives that will exist when the military pension begins payment. By the Court, V? M. L. Ebert, Jr., V. Timothy J. Colgan, Esquire For the Plaintiff ./ Tracy L. Wombacher, Defendant 1703 Hilltop Drive Altoona, Pa. 16601 mtf MWLSaC COPIES c??u(of 'S I`,`} e TONGRAN WOMBACHER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3191 TRACY L. WOMBACHER, CIVIL ACTION - IN LAW Defendant. DIVORCE ORDER AND NOW, this lay of , 2009, as a result of the finding of Contempt issued against the Defendant in the above-captioned matter on May 15, 2009, the Defendant shall purge himself of his Contempt via a wage attachment of his wages with the Commonwealth of Pennsylvania in the amount of $116.00 per month. In the event that said wage attachment is not effective for any reason, the Defendant's Military Retired Pay shall be attached in the same amount. If for any reason said wage attachment is not effective, the Defendant shall make said payment on or before the Vt of each month directly to the Plaintiff. In the event any payment is greater than ten (10) days late or in the event Defendant misses any payment, the entire remaining balance of the $7,543.87 shall be immediately paid by Defendant to Plaintiff via certified funds. This Order shall be implemented by the Cumberland County Domestic Relations Section upon receipt. There is an active Support Order through the Cumberland County Domestic Relations Section docketed to 00303 S 2007, PACSES Number 469109041. The amount Ordered herein is in addition to the current Order of Support. The failure of the Defendant to adhere to the terms of this Order shall place him in further Contempt of Court and shall subject him to additional sanctions which may include, but are not limited to, fines, costs, attorneys' fees and incarceration by the Court. BY THE COURT: \N'-4'UA\ V J. Distribution: 1--fimothy J. Colgan, Esquire /Tracy L. Wombacher DP-v - J?Ar S (.1I-11 C1I Co f "Ex ev%a. Jack- toll Vol -=-IVA RLEi: - 2003 jUN-d 17 PH 2: 5 u C'vEv1 'iF'r ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 02-3191 CIVIL Origi nal Order/Notice State Commonwealth of Pennsylvania CO./City/Disc. Of CUMBERLAND 105109156 OX Amended Order/Notice O Terminate Order/Notice Date of Order/Notice 07/15/09 353 S 2007 Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE:WOMBACHER, TRACY L. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 179-50-1946 Employee/Obligor's Social Security Number BUREAU OF COMMONWEALTH* 6925101802 C/O WAGE ATTACHMENT SECTION Employee/Obligor's Case Identifier PO BOX 8006 (See Addendum for plaintiff names HARRISBURG PA 17105-8006 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes 0 no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support $ 116 . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 116.00 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: $ 26.77 per weekly pay period. $ 58.00 per semimonthly pay period (twice a month) $ 53.54 per biweekly pay period (every two weeks) $ 116.00 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. § 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 _V Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT' ND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIA ECURITY DER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. C % It BY THE COURT: DRO: R.J. Shadday Service Type m OMB No.: 097"154 Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If 4heckel you are required to provide a Copy of this form to yoursmdployee. If your employee works in a state that is di Brent rom the state that issued this order, a copy must be provi a 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. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:WOMBACHER, TRACY L. EMPLOYEE'S CASE IDENTIFIER: 6925101802 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. 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) (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.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WOMBACHER, TRACY L. PACSES Case Number 105109156 Plaintiff Name PACSES Case Number TONG Oi WWOMBACHER Plaintiff Name Docket Attachment Amount 02-3191 CIVIL$ 116.00 Docket Attachment Amount Child(ren)'sName(s): $ o.oo DOB Child(ren)'s Name(s): DOB PACSES Case Number Llaintiff Name Docket Attachment Amount $ Child(ren)'s Name(s): 0.00 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Service Type M Addendum Form EN-028 Rev.5 OMB No.: 0970-0154 Worker ID $IATT rat u.C ,. ?,: