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HomeMy WebLinkAbout02-3592 . PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIIOMAS C, O'MALLEY v. 02-3592 CIVIL ACTION LAW CYNTHIA A, O'MALLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Wednesday, September 04, 2002 at 1:30 PM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greev.y. Esq. ~ ~ v Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE, IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 " ~ ~ :z /9..~m( 4; ('~. /.,$ -h '2 ~-,~ (:>(/'1.,$ ~-~ Y.J7:z~4/ ~ ~t?/.j1. I ' V/N~/;rl)'sNN3d AlNnO;) GN'ill;B2/1mo L ry :z f.!d I - zm~ cO )'l#lONUff.. ',.,:" "{' '0 3~j!.d"~C:ci3wllr- L ;j Barbara Sumple-SuIlivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C, O'MALLEY, Plaintiff ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, ; NO, 0)..-36'1)... c.,' ",: I .- le,lrf1,o.. CYNTHIA A. O'MALLEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children, When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 THOMAS C, O'MALLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. I(? ^ - 3 S Ii ~ c.i v: I - I....rfh. CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Thomas C. O'Malley, an adult individual residing at 6661 Terrace Way, Harrisburg, Dauphin County, Pennsylvania 17110, 2. Defendant is Cynthia A, O'Malley, an adult individual residing at 3 Woburn Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania 170 II. 3, Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on June 22, 1991 in Wayne, Pennsylvania. 5, There are two (2) minor children born of this marriage: Ryan T, O'Malley, born December 28, 1992; and Mikaela R. O'Malley, born April 2, 1996. 6, The parties separated on or about August 15,2001. 7, There have been no prior actions for divorce or annulment between the parties, 8, Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments, 9, Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10, The averments in paragraphs I through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto, II. The marriage is irretrievably broken and no possibility of reconciliation exists, WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with 9 3301 of the Pennsylvania Divorce Code. INDIGNITIES 12, The averments in paragraphs 1 through II, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto, 2 - ------------._---,-,-_.~- 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to him so as to make his life burdensome and his condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth, WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code, COUNT II EOUlTABLE DISTRIBUTION 14, The averments in paragraphs I through 13 ofPlaintitl's Complaint are incorporated herein by reference thereto, IS. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors, WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 40 I (d) of the Pennsylvania Divorce Code, 3 COUNT III CUSTODY COMPLAINT 16, The averments in paragraphs 1 through 15, inclusive, ofP1aintifi's Complaint are incorporated herein by reference thereto, 17. Plaintiff seeks shared legal and shared physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Ryan T, O'Malley 3 WoburnAbbey Avenue Camp Hill, PA 17011 12/28/1992 Mikaela R. O'Malley 3 Woburn Abbey Avenue Camp Hill, PA 17011 4/2/1996 18. The children are presently in the custody of Mother who currently resides at 3 Woburn Abbey Avenue, Cumberland County, Pennsylvania 17011. The house is listed for sale. 19, During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMESOFPERSONS IN HOUSEHOLD 7/1994 to 7/2000 5008 Muirfield Place Mechanicsburg, PA 17055 Mother and Father 7/2000 to 8/2001 3 Woburn Abbey Avenue Camp Hill, PA 17011 Mother and Father 8/2001 to 3/2002 3 WoburnAbbey Avenue Camp Hill, PA 17011 The parties alternate physical possession of the home for shared custody, 4 3/2002 to Present 3 Woburn Abbey Avenue Camp Hill, PA 17011 Mother and children The parties are presently married but separated since August 2001, divorce is pending. 20, The Mother of the children is Cynthia A. O'Malley, currently residing at 3 Woburn Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 21. The Father of the children is Thomas C, O'Malley, currently residing at 6661 Terrace Way, Harrisburg, Dauphin County, Pennsylvania 17110, 22. The relationship of the Plaintiff to that of the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Thomas C, O'Malley Self Carolyn Holencik Significant other Molly Holencik Nicholas Holencik Children of significant other Carly Holencik 23, The relationship of the Defendant to the children is Mother, The Defendant currently resides with the following persons: 5 , , NAME Cynthia A. O'Malley Ryan T. O'Malley Mikaela R. O'Malley Nicole Hossler RELATIONSHIP Self Child Child Mother's Daughter 24. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 25, The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 26, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 27, The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has always been involved in the children's lives as an active caregiver and a source of stability, He can provide a stable, loving environment for his children. Mother's environment is chaotic, uncleanly, unstructured and continuation of the children in her primary custody is not in their best interest. 28. Each parent whose parental rights to the children have not been terminated and the 6 . . . person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal and physical custody of the children to the Plaintiff. WHEREFORE, Plaintiff, Thomas C, O'Malley, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B, Equitably distributing the marital property; C, Awarding Plaintiff shared legal custody and physical custody of the parties' children; and D, Awarding other relief as the Court deems just and reasonable, Dated:., 2002 bara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No, 32317 7 . ..... ..' .h....__.____~.___..._"."~~.___.._~,...~.w. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling, 2, I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3, Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S,A Section 4904 relating to unsworn falsification to authorities, Dated: 7/;z. ,2002 / 0~~ THOMAS C. O'MALLEY Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 THOMAS C. O'MALLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. CYNTHIA A. O'MALLEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, Thomas C, O'Malley, hereby certifY that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa, C,S,A. Section 4904 relating to unsworn falsification to authorities. Dated: 7/2- I ,2002 / ~~""~~ ~Q ~ cY ~ QJ ~ ~ ~~~ ~ 8 8 ~ 4- I p~~ ~ r f - ~ ~p~ ("-; I: o ~; ~,.--- -uri n ~: ' ;-;;? "'-.) """ Gl (i\ .< C:. '. _, ~,,), ):,:c;_ L-:;CJ r- ':::!, 'j...c ... ~,..; :z: "" ~ ~ ;., -< - "1 ': i ;.=.,1 -: ("-) ~~.~ Barbara Surnple-SullivarI, Esquire Supreme Court #32317 549 Bridge Street New CurnberlarId, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-3592 CYNTHIA A. O'MALLEY, DefendarIt : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Debra D. CarItor, Esquire, hereby accept service arid acknowledge receipt of the above- captioned Complaint in Divorce on behalf of my client, Cynthia A. O'Malley, having received said Compl"",,on the by of ~2002. I hereby mdioate I am authorized bymy dientto accept service on her behalf. sqmre eager d , P.C. 2331 Market Street Camp Hill, P A 17011 Telephone No. (717) 763-1383 Supreme Court J.D. No. o ~ <' u['T nlrT. Z~. ,A ZC (f)" -:. ...:: r:::l' :-.- ZC~ 5C.J C Z =< <=1 f'oJ J> '-- G",) C) -n .., ~~! (.J..-~' ~iT: -- '-"1 ".~~~) -,-~\t=j krn '::::::1 :D -< -0 ....!(.. 1:- ....1 SEP 0 lj 7U[J{ THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3592 CIVIL TERM v. CIVIL ACTION - LAW CYNTHIA A. O'MALLEY, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 3rd day of September, 2002, upon representation by counsel for Plaintiff that the parties have reached an agreement with regard to the custodial arrangement, this matter is continued for a period of thirty (30) days to allow the parties and counsel to formalize the agreement and execute the documents reflecting their agreements, If within the period of thirty (30) days either party would request an additional custody conciliation conference, one will be scheduled. However, at the end of thirty (30) days, this Conciliator will relinquish jurisdiction of the matter. : 162457 cc: Barbara Sumple-Sullivan, Esquire ~ ('~ fj'./?rO.v Joanne Harrison Clough, Esquire - I 9---' (") c we: lT1f~' ~Cl (J? ". r~~~ -- ,-;- ~~: 5::~ =< .:::> f') :/) cTl -0 ('") ':-n C...-! . , ~~ :=> ()\ ...,.~, '.0 -< Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 02-3592 CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULA TION This Agreement is made this 30th day of September, 2002 by and between Thomas C, O'Malley (hereinafter "Husband") and Cynthia O'Malley (hereinafter "Wife"), The purpose of this Agreement is to confirm the understandings of the parties as they relate to support, custody, and certain issues for equitable distribution between the parties, These latter agreements shall be binding on the parties as they conclude the equitable distribution portion of their pending divorce proceedings. It is the express purpose of this document that it shall be submitted by the parties to the court for entry of a stipulated order of support and custody. WHEREAS, Husband and Wife were married on June 22, 1991 and separated in August, 2001; WHEREAS, the parties are the natural parents of two children being Ryan O'Malley (born December 28, 1992) and Mikaela O'Malley (born April 2, 1996); WHEREAS, the parties desire to enter into a plan which sets for their agreement for custody and support, as well as certain agreements which shall remain binding against them in equitable distribution and to submit these agreements to the court in settlement of those issues; NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: .' I. CUSTODY: 1, LEGAL CUSTODY: The parties agree to shared legal custody of their minor children, The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY: Physical custody of the minor children shall be shared between the parties. Mother shall have the children at all times not specified below: 2 A. ALTERNATING WEEKENDS: Father shall have alternating weekends from Friday after school to Monday to start of school. If there is no school, Father shall have the children from 4 p.m. on Friday afternoon until Monday at start of his workday or noon, which ever is earlier. B. WEEK NIGHTS: Father shall have one (1) overnight each week from after school (or 4:00 p.m, if there is no school) until start of school the next day (or if there is no school the next day, to start of Father's workday or noon, whichever is earlier). The parties expect that this overnight shall be Wednesday each week; however, the parties agree to be flexible with this date to meet the demands of Father's work schedule. C. FLOATING DAYS: Additionally, Father shall have the right to take ten (10) additional overnights with the children as he may desire, These days may be taken to extend his weekends or to provide additional time with the children during school vacations. Father shall have the absolute right to exercise these periods by giving Mother seven (7) days advance notice of his intentions in this regard. D. HOLIDAYS: The parties shall celebrate holidays as follows: 1. In even numbered years, Father shall have the holidays of Memorial Day and Labor Day. These holidays shall be defined as 9:00 a,m. until 7:00 p.m, Father shall have these times in odd numbered years. 2. In even numbered years, Mother shall have Easter, July 4th and New Year's Day. Easter shall be defined as 9:00 a.m. until 7:00 p.m. July 4th shall be defined as 9:00 a,m. on July 4th until 9:00 a.m. on July 5th. New Year's Day shall be defined from New Year's Eve at 6:00 p.m. until New Year's Day at 6:00 p.m. Mother shall have these times in odd numbered years. 3. Mother shall always have Mother's Day, which shall be defined as 9:00 a,m. to 7:00 p.m. 3 - . "'''-~-~''.'_''_-''''''---"~'.'.'-''"~'''"'-'_..~~.,., ._._',~"..._,'. . 4. Father shall always have Father's Day, which shall be defined as 9:00 a.m. until 7:00 p.m. 5, Thanksgiving shall be shared between the parties. Segment A shall consist of Wednesday evening from 6:00 p.m. until Thanksgiving Day at 1 :00 p,m. Segment B shall consist of Thanksgiving Day at 1 :00 p.m. until Friday at 6:00 p.m., when the regular weekend schedule shall resume. Mother shall have Segment A of the Thanksgiving Holiday in even years and Father shall have Segment B, This shall reverse for odd numbered years, 6. Christmas shall be shared between the parties, Segment A shall consist from Christmas Eve at 9:00 a.m, until Christmas Day at 12:00 noon, Segment B shall be defined as Christmas Day at 12:00 noon until December 26th at 9:00 p.m, Mother shall have Segment A of the Christmas Holiday in even years and Father shall have Segment B. This shall reverse for odd numbered years. The holiday schedule as set forth above shall supersede all other provisions of this Order. E. VACATION: Upon thirty (30) days notice, FATHER shall have the right to take four (4) weeks of vacation with the children each year, Upon thirty (30) days notice, Mother shall have the right to take two (2) weeks of vacation with the children each year, These can occur at any time during the year and does not require travel by the parent. A week shall be defined as seven (7) consecutive days and shall include Father's custodial weekend so as not to disrupt the alternating weekend schedule, These weeks shall be non-consecutive. F. POSITIVE RELATIONSHIPS: Each of the parties and any third party in the presence of the children and the party shall take all measures 4 deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion of the parent or which may hamper the free and natural development of the children's love and respect for the other parent. G, LOCATION: It is specifically noted that the terms of this agreement were negotiated with the hope and desire of Father to allow the children to stay in close proximity to both parents and in their current school. The parties acknowledge that Mother has executed a one (I) year lease on this home. Hence, the execution of this agreement is conditioned on Mother specifically leasing a house within the same neighborhood (Floribunda) as the marital home. In the event that Mother decides to relocate from that neighborhood, she must give Father at least sixty (60) days notice. The residences, addresses and telephone numbers where the children may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children are in her or his custody. H. TELEPHONE CONTACT: The parents are entitled to speak with the children on their non-custodial days. The custodial parent shall make the children available for the other parent's call. I. OTHER TIMES: Father shall additionally have the children at other reasonable times which the parties shall agree upon, The parties agree that the custody conciliation scheduled before the court for September 4th at 1 :30 p.m. shall be cancelled. J. SUPERVISION: The parties agree that the children shall not be left unsupervised and shall; be left only in the custody of a responsible 5 -_.-._--~._-,.._.~._--.,...."~...__.__._..,,~."...,-,,..._...,,'., II. SUPPORT: A. B. c. D. supervisor. Responsible supervision could be deemed a teen babysitter fifteen (15) years of age or older. Effective July 11,2002, Father shall pay to Mother the sum of THREE THOUSAND DOLLARS ($3,000,00) per month for support. This sum shall be allocated $2,000.00 in child support and $1,000.00 in Alimony Pendente Lite for income tax purposes. This sum shall be paid bi-weekly through Domestic Relations, This sum shall be paid bi-weekly via wage attachment. The parties acknowledge payment of support of SIX THOUSAND DOLLARS ($6,000.00) as of September 30, 2002. Any arrearage shall be payable at the additional rate of ONE HUNDRED DOLLARS ($100.00) per month. In addition, the parties agree that Wife shall receive 25% of any net bonus Husband receives from his employment with Physicians For Women Health, This sum shall also be allocated as 50% child support and 50% Alimony Pendente Lite for tax purposes. This payment and proof of bonus shall be made directly to Wife within ten (10) days of Husband's receipt of any such bonus. Husband shall continue to provide medical insurance on Wife and the children as provided through his employer. Wife shall pay the first $250.00 annually in unreimbursed medical expenses for each person covered by the support order. Thereafter, unreimbursed medical expenses shall be apportioned between the parties with Husband responsible for 80% percent and Wife responsible for 20%, Daycare incurred during either party's scheduled work hours shall be shared by the parties with Husband paying 70% of said costs and Wife paying 30% of said costs, 6 '"..........-...-.."'P....-.---.....-,,-.......,............ .... ' .' E. A condition of this agreement for support is that Wife will be solely obligated and pay in a timely fashion on her car payment, which payment is approximately $195.00 per month, and her credit card obligation which has been reduced to a judgment against her in the amount of$16,013,67 due and owing to Citibank South Dakota N.A. Husband agrees that he shall be responsible to make present payment on the other marital monthly expenses. Each party reserves the right to claim credit. F. Since separation, the parties have each paid various marital liabilities. Husband has paid all mortgage, home equity, and other household expenses despite the fact that he did not occupy the home. The parties agree that said claims for credit for full payment of these marital liabilities shall be reserved and utilized in the resolution of the equitable distribution of assets in this matter. AGREEMENT FOR SETTLEMENT OF ISSUES REGARDING EOUlTABLE DISTRIBUTION 1. The parties agree that the marital home has no equity and the sale of the property, with all of the necessary repairs and sales costs will only result in additional debt to them. In an effort to stay close to the children and to avoid incurring the additional debt, Husband has agreed to move back into the marital home, This shall occur on or before September 3, 2002 and Wife shall relocate to another leased home in the Floribunda neighborhood. This Agreement is specifically conditioned upon the irrevocable agreement that, at no time in the future, will Wife make any claim that there is equity in the home and Husband shall take the home at an assigned value of zero ($0) dollars. Wife hereby expressly waives any right to claim any value for equity in the home and in exchange, Husband further agrees to be solely responsible for the first mortgage due and owing to Washington Mutual in the outstanding amount of $300,000.00 with a monthly payment of $3,200.00 and the Waypoint Home Equity Loan of $50,000.00 with a monthly payment amount of$593.84. Pending title transfer, Husband shall have exclusive 7 ~_.._--,-......".~...-^.><. ., '. . .... . ... possession of the marital home and Wife shall not enter same, Wife further agrees to cooperate and execute all documents necessary to transfer full title of said home to Husband and to allow for his immediate refinance of said debt if this can occur, Husband agrees to indemnify and hold Wife harmless for theses debts, as well as any other related real estate expenses such as outstanding real estate taxes, insurance or assessments. The only exception to this requirement is the credit card judgment entered against Wife as set forth in paragraph II.D, Ifthis is a lien against the real estate, Wife must pay same and will indemnify and hold Husband harmless for said debt. Whether this obligation is a marital debt will be for future determination in equitable distribution. 2. Notwithstanding the Agreement set forth in paragraph 1, the parties agree that they each shall retain all rights to claim for future equitable distribution of all marital assets and to claim credits for all payments made on marital debt or obligations paid for the benefit of the other spouse since date of separation to the date of this Agreement. However, it is further agreed that until the time of final resolution of this case, Husband shall make the minimum monthly payments on the following debts: A) AllFirst (approximate $15,000.00); B) First USA Bank (approximate balance $18,500.00); C) USAA Federal Savings Bank (approximate balance $7,000.00. This debt has been moved to an interest free credit card in Husband's name alone and no payment will be due for one year); D) 401k loan (approximate current amount of $ 10,000.00); E) Heal and Sallie Mae Loans (approximate amount of$19,000,OO), (It is acknowledged that a dispute exists as to whether the education loans are marital debt and both parties reserve and preserve for equitable distribution purposes, any and all claims and defenses relative to these education debts). 8 . . " Wife shall make the minimum monthly payments on the following debts: A) Judgment with Citibank South Dakota, N.A. (It is acknowledged that a dispute exists as to whether the judgment is marital debt and both parties reserve and preserve for equitable distribution purposes, any and all claims and defenses relative to this judgment and the underlying credit card debt); and B) Car payment. 3. Wife shall be required to leave the home in a clean and damage free condition. All trash and unwanted property shall be removed. Any costs incurred by Wife in this regard shall be her sole expense. NOW, THEREFORE, the parties, intending to be legally bound, do agree to set forth their hands on the date first written above, ~~(!~ Thomas C. O'Malley ~'a O~" C hia A.O'Malley 9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C, O'MALLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-3592 CYNTmA A. O'MALLEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this IS" day of October, 2002, the parties' Stipulation dated September 30 2002, the terms thereof are entered as an Order of Court and are binding upon the parties as if entered by this Court after full hearing. BY THE COURT: .4Ii Judge ~fi ~{ ~ >- q; ~ ~{B? f::)l: Ll.JI'" lI~ LL. Cl ~ c {.: .. ;::... -:r ~c~ <;' _.... .;-:,)=;7 CL. ,.) ..... :~S '-:;~ lb C) ::..;.,:!C"-. ("\..1 ...2: a ::;) D OCT 1 5 2002 ~ THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 02-3592 CIVIL TERM v, CIVIL ACTION - LAW CYNTHIA A. O'MALLEY, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 10th day of October, 2002, counsel for the parties having requested a thirty (30) day continuance on September 3, 2002, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. €r----z :162457v2 () s; or:..;, ""'I.J{__;' mn ~.2: ~ :7 ~ ~~~ =:~' '- ::':? :.'C (,.- "'( - ~ -< (-/ I~) c:> (-) -4 C) -I", "'_.' ~ '...0 :::> .' "~ :'J -, l1c t -;"-3592, C~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3/ day of December, 2003, by and between Cynthia A. O'Malley (hereinafter "WIFE") and Thomas C. O'Malley, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on June 22, 1991, and separated in August 2001, WHEREAS, the parties have two children of this marriage, namely Ryan O'Malley, date-of-birth December 28, 1992, and Mikaela O'Malley, date-of-birth April 2, 1996, WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire of Reager & Adler, Pc. HUSBAND is represented by Barbara Sumple- Sullivan, Esquire, The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge, The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion, 2. DIVORCE ACTION, The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code, A divorce action was filed by HUSBAND with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No, 02-3592 on July 21, 2002, The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties, The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree, This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance, 3, DATE OF EXECUTION, The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date, Otherwise, the" date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 2 4, MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein, Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties, The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, 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 testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country, Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/ she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise, Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement, Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party, 3 WIFE filed a bankruptcy proceeding docketed at 1:03-bk-06633, Both parties have had the opportunity to review the petition and proposed schedules, WIFE hereby agrees that the schedules as filed will not substantially be altered. The parties have filed for and obtained a relief from the bankruptcy proceeding in order to finalize this divorce. 6, SEP ARA TIONjNON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried, Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable, WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other, 7, REAL PROPERTY. The parties were the joint owners of real property located at 3 Woburn Abbey Avenue, Camp Hill, PA 17011. The parties executed a Stipulation, dated September 30, 2002, which is attached hereto as Exhibit A. This stipulation resolves all issues regarding the marital home, All terms and provisions of the Stipulation have been performed and WIFE has executed a Deed to HUSBAND as part of his refinancing of the first and second mortgages, WIFE has transferred all her rights, title, and interests in the property to HUSBAND and hereby confirms said transfer, 8, DEBTS. The parties are obligors either jointly or in individual names on the following obligations: 1, Allfirst line of credit, account # 0010033979001, now held by M&T Bank, account # 4258074503810562; 2, First USA Bank credit card, account # 4417128416129490; 4 3, USAA Federal Savings Bank credit card, account # 4121850709905610; 4, 401(k) loan; 5. CitiBank of South Dakota, account # 5424180511659119 HUSBAND hereby agrees to be solely responsible for the repayment of the Allfirst (now M&T Bank), First USA, USAA, and 401(1<) loans, and hereby agrees to indemnify and hold WIFE harmless from said debt, HUSBAND has refinanced the USAA Federal Savings Bank credit card, but is presently unable to refinance the others, However, WIFE has discharged any obligation of payment of these debts in her bankruptcy, WIFE has filed for bankruptcy and has requested that the CitiBank debt be discharged, HUSBAND's name does not appear on this debt and therefore he has no obligation for its repayment. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. HUSBAND also warrants that he shall pay all of his outstanding HEAL (#1, 2, 3) loans and Sallie Mae loans, WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and ail claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 5 9. RETIREMENT BENEFITS, HUSBAND is the owner of a retirement account with a date-of-separation balance of $35,746.52. There was an outstanding loan of approximately $11,978 against said 401(k) at separation. Within thirty (30) days of the execution of this settlement agreement, HUSBAND agrees to rollover $11,978 to a tax deferred account established by WIFE, HUSBAND agrees to provide WIFE with any and all documentation necessary to roll over said sums and agrees to cooperate in effectuating said transfer, In the event that said transfer does not occur within thirty (30) days, WIFE shall be entitled to $11,978 as of the execution of this agreement and any additional interest earned from the date of execution of agreement until transfer, 10. BANK ACCOUNTS, The parties acknowledge that they have divided the marital bank accounts to their satisfaction, The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. The parties received a Federal tax refund in the amount of $8,195.00 and had a State tax obligation of approximately $1,130.30 for tax year 2001, the year of separation, HUSBAND retained the refund money and also paid the State indebtedness, HUSBAND agrees to pay WIFE $3,532,35 at the time of the execution of this agreement, which represents her share of said monies, 11. PERSONAL PROPERTY, Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties, The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession, 6 12, VEHICLES, WIFE owns a 1998 Ford Windstar, Said vehicle is encumbered by a loan in WIFE's name alone, HUSBAND hereby waives any right, title, and interest in said vehicle, WIFE shall take all steps necessary to have HUSBAND removed from the title to the Windstar within thirty (30) days of execution of this Agreement. HUSBAND does not own a vehicle. 13, BANKRUPTCY OR REORGANIZATION PROCEEDINGS. WIFE has filed a Chapter 7 Bankruptcy in the Middle District Court of Pennsylvania to Docket No. 1:03-bk-06633-MDF, The stay of proceedings was lifted on December 29, 2003 to allow the State Court to conclude this divorce case, 14, CHILD SUPPORT. For a period of twenty-four (24) months beginning January 1, 2004, HUSBAND shall pay to WIFE the sum of $2,000 per month in child support. This amount is fixed and nonmodifiable by either party and includes a waiver of WIFE's claims to any bonus for the 24-month period. However, at the expiration of the twenty-four (24) month period, either party may petition the Domestic Relations office to revisit the child support matter, HUSBAND shall maintain health insurance for the children as long as it is offered by his employment. WIFE shall be responsible for the first $250 of unreimbursed medical expenses per child, Thereafter, HUSBAND shall pay 70% of the unreimbursed medical expenses per calendar year within thirty (30) days of a demand of payment. HUSBAND shall also be responsible for 60% of the day care expenses. Payment shall be made to WIFE within thirty (30) days of her request and proof of expenditure which is necessitated by her employment. If payment is not made, interest shall accrue at a rate of 12% per annum. HUSBAND presently owes to WIFE contributions towards outstanding day care expenses. HUSBAND agrees to pay WIFE the sum of $455 for summer day care in 2003 concurrently with the execution of this Agreement. 7 Upon proof that WIFE was employed during the course of time that Joyce Livering was employed, HUSBAND shall pay directly to Joyce Livering the sum of $900, HUSBAND shall pay to WIFE the sum of Three Thousand Dollars ($3,000) in non-taxable child support no later than January 15, 2004, WIFE acknowledges that this is in full satisfaction of her claim for a percentage of the remaining bonus paid in 2003, pursuant to the order dated October 15, 2002, 15, ALIMONY. For a period of thirty-six (36) months from November 1, 2003, HUSBAND agrees to pay WIFE the sum of $1,000 per month in direct payment of alimony to WIFE, and $1,000,00 per month in alimony, which second allocation shall be retained by HUSBAND and used toward satisfaction of marital indebtedness, Said direct payment shall be due concurrently with the child support payment, These payments of $2,000,00 per month shall be taxable to WIFE and deductible to HUSBAND as income, so that for income tax purposes only, WIFE shall acknowledge receipt of alimony of $2,000,00 per month, or $24,000.00 per year, and said sum shall be taxable to her and deductible by him, In the event that WIFE cohabits, remarries, or dies, the direct monthly amount payment of $1,000,00 shall terminate, However, WIFE shall be credited with receipt of $1,000 of alimony for income tax purposes only, In the event that WIFE files for child support modification within twenty- four (24) months of the execution of this Marital Settlement Agreement, and such petition results in an increase in child support, for each additional (1) dollar in child support awarded, WIFE shall suffer a two (2) dollar reduction in her direct alimony payment, or, if same is already terminated, an additional assessment of two times the child support increase shall be added to the portion attributable to her as alimony for tax purposes, The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance, The parties further 8 release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other, This provision is non-modifiable in term and duration, Child support and alimony shall be payable through Domestic Relations and its jurisdiction shall be invoked for enforcement purposes only. The parties agree to enter a stipulated order to Domestic Relations consistent with the terms of the agreement, 16, ATTORNEY FEES, COURT COSTS, Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses, Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein, 17, ATTORNEYS' FEES FOR ENFORCEMENT, In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution, It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18, WAIVER OF RIGHTS, Both parties hereby waive the following procedural rights: (a,) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; 9 (c,) The right to have all property identified and appraised; (d,) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e,) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses, 19, MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents, 20, 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, 21. APPLICABLE LAW, This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 22. 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, 23, CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties, 10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written, This eement is executed in duplicate, and in counterparts, WIFE and HUSBA dge the receipt of a duly executed copy hereof. ~ ('r'? " I tit'J,t'I'n Thomas C. O'Malley / /9;!(Lb/ "" Witn=~ c~ a .Olfl~ 11 Exhibit A "__..._. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3592 CYNTIllA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION This Agreement is made this 30th day of September, 2002 by and between Thomas C. O'Malley (hereinafter "Husband") and Cynthia O'Malley (hereinafter "Wife"). The purpose of this Agreement is to confirm the understandings of the parties as they relate to support, custody, and certain issues for equitable distribution between the parties. These latter agreements shall be binding on the parties as they conclude the equitable distribution portion of their pending divorce proceedings. It is the express purpose of this document that it shall be submitted by the parties to the court for entry of a stipulated order of support and custody. WHEREAS, Husband and Wife were married on June 22, 1991 and separated in August, 2001; WHEREAS, the parties are the natural parents of two children being Ryan O'Malley (born December 28, 1992) and Mikaela O'Malley (born April 2, 1996); WHEREAS, the parties desire to enter into a plan which sets for their agreement for custody and support, as well as certain agreements which shall remain binding against them in equitable distribution and to submit these agreements to the court in settlement of those issues; NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: I. CUSTODY: 1. LEGAL CUSTODY' Th' """'~ ,"~ '0 ,1wod I,gol ,~<ody of thei, nili>rn children, The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religiouS training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest, Each part)' agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party, Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody, With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be pennitted to make any immediate decisions necessitated thereby, However, that parent shall infonn the other of the emergency and consult with him or her as soon as possible, Each party shall be entitled to complete and full infonnation from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2, PHYSICAL CUSTODY: Physical custody of the minor children shall be shared between the parties, Mother shall have the children at all times not specified below: 2 A. ALTERNATING WEEKENDS: Father shall have alternating weekends from Friday after school to Monday to start of school. If there is no school, Father shall have the children from 4 p,m. on Friday afternoon until Monday at start of his workday or noon, which ever is earlier. B, WEEK NIGHTS: Father shall have one (1) overnight each week from after school (or 4:00 p,m, ifthere is no school) until start of school the next day (or if there is no school the next day, to start of Father's workday or noon, whichever is earlier), The parties expect that this overnight shall be Wednesday each week; however, the parties agree to be flexible with this date to meet the demands of Father's work schedule, C, FLOATING DAYS: Additionally, Father shall have the right to take ten (10) additional overnights with the children as he may desire, These days may be taken to extend his weekends or to provide additional time with the children during school vacations, Father shall have the absolute right to exercise these periods by giving Mother seven (7) days advance notice of his intentions in this regard, D, HOLIDAYS: The parties shall celebrate holidays as follows: I. In even numbered years, Father shall have the holidays of Memorial Day and Labor Day. These holidays shall be defined as 9:00 a.m, until 7:00 p,m, Father shall have these times in odd numbered years, 2. In even numbered years, Mother shall have Easter, July 4th and New Year's Day, Easter shall be defined as 9:00 a,m, until 7:00 p,m, July 4th shall be defined as 9:00 a,m, on July 4th until 9:00 a,m. on July 5th, New Year's Day shall be defined from New Year's Eve at 6:00 p,m, until New Year's Day at 6:00 p,m, Mother shall have these times in odd numbered years. 3, Mother shall always have Mother's Day, which shall be defined as 9:00 a,m, to 7:00 p,m, 3 , ' 4, Father shall always have Father's Day, which shall be defined as 9:00 a,m, until 7:00 p,m, 5, Thanksgiving shall be shared between the parties, Segment A shall consist of Wednesday evening from 6:00 p,m, until Thanksgiving Day at 1 :00 p,m, Segment B shall consist of Thanksgiving Day at 1 :00 p,m. until Friday at 6:00 p,m" when the regular weekend schedule shall resume, Mother shall have Segment A of the Thanksgiving Holiday in even years and Father shall have Segment B, This shall reverse for odd numbered years, 6, Christmas shall be shared between the parties, Segment A shall consist from Christmas Eve at 9:00 a,m, until Christmas Day at 12:00 noon, Segment B shall be defined as Christmas Day at 12:00 noon until December 26th at 9:00 p,m, Mother shall have Segment A of the Christmas Holiday in even years and Father shall have Segment B, This shall reverse for odd numbered years, The holiday schedule as set forth above shall supersede all other provisions ofthis Order. E, VACATION: Upon thirty (30) days notice, FATHER shall have the right to take four (4) weeks of vacation with the children each year, Upon thirty (30) days notice, Mother shall have the right to take two (2) weeks of vacation with the children each year. These can occur at any time during the year and does not require travel by the parent A week shall be defined as seven (7) consecutive days and shall include Father's custodial weekend so as not to disrupt the alternating weekend schedule, These weeks shall be non-consecutive, F, POSITIVE RELATIONSHIPS: Each of the parties and any third party in the presence ofthe children and the party shall take all measures 4 . '" .. deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party, Neither party shall do anything which may estrange the children from the other party or injure the children's opinion ofthe parent or which may hamper the free and natural development of the children's love and respect for the other parent. Q, LOCATION: It is specifically noted that the terms of this agreement were negotiated with the hope and desire of Father to allow the children to stay in close proximity to both parents and in their current school. The parties acknowledge that Mother has executed a one (I) year lease on this home, Hence, the execution ofthis agreement is conditioned on Mother specifically leasing a house within the same neighborhood (Floribunda) as the marital home. In the event that Mother decides to relocate from that neighborhood, she must give Father at least sixty (60) days notice, The residences, addresses and telephone numbers where the children may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children are in her or his custody, H, TELEPHONE CONTACT: The parents are entitled to speak with the children on their non-custodial days. The custodial parent shall make the children available for the other parent's call. I. OTHER TIMES: Father shall additionally have the children at other reasonable times which the parties shall agree upon. The parties agree that the custody conciliation scheduled before the court for September 4th at 1:30 p,m. shall be cancelled, J, SUPERVISION: The parties agree that the children shall not be left unsupervised and shall; be left only in the custody of a responsible 5 ~ ,. .. II. SUPPORT: A, D, supervisor. Responsible supervision could be deemed a teen babysitter fifteen (15) years of age or older. B, Effective July 11, 2002, Father shall pay to Mother the sum of THREE THOUSAND DOLLARS ($3,000,00) per month for support, This sum shall be allocated $2,000,00 in child support and $1,000,00 in Alimony Pendente Lite for income tax purposes. This sum shall be paid bi-weekly through Domestic Relations. This sum shall be paid bi-weekly via wage attachment. The parties acknowledge payment of support of SIX THOUSAND DOLLARS ($6,000,00) as of September 30, 2002, Any arrearage shall be payable at the additional rate of ONE HUNDRED DOLLARS ($100,00) per month, In addition, the parties agree that Wife shall receive 25% of any net bonus Husband receives from his employment with Physicians For Women Health. This sum shall also be allocated as 50% child support and 50% Alimony Pendente Lite for tax purposes, This payment and proof of bonus shall be made directly to Wife within ten (10) days of Husband's receipt of any such bonus, Husband shall continue to provide medical insurance on Wife and the children as provided through his employer. Wife shall pay the first $250,00 annually in unreimbursed medical expenses for each person covered by the support order. Thereafter, unreimbursed medical expenses shall be apportioned between the parties with Husband responsible for 80% percent and Wife responsible for 20%, Daycare incurred during either party's scheduled work hours shall be shared by the parties with Husband paying 70% of said costs and Wife paying 30% of said costs. c. 6 .. . I . E, A condition of this agreement for support is that Wife will be solely obligated and pay in a timely fashion on her car payment, which payment is approximately $195,00 per month, and her credit card obligation which has been reduced to a judgment against her in the amount of$16,013,67 due and owing to Citibank South Dakota N,A. Husband agrees that he shall be responsible to make present payment on the other marital monthly expenses. Each party reserves the right to claim credit. F, Since separation, the parties have each paid various marital liabilities. Husband has paid all mortgage, home equity, and other household expenses despite the fact that he did not occupy the home, The parties agree that said claims for credit for full payment of these marital liabilities shall be reserved and utilized in the resolution of the equitable distribution of assets in this matter. AGREEMENT FOR SETTLEMENT OF ISSUES REGARDING EOUlTABLE DISTRIBUTION 1, The parties agree that the marital home has no equity and the sale of the property, with all of the necessary repairs and sales costs will only result in additional debt to them, In an effort to stay close to the children and to avoid incurring the additional debt, Husband has agreed to move back into the marital home, This shall occur on or before September 3, 2002 and Wife shall relocate to another leased home in the Floribunda neighborhood, This Agreement is specifically conditioned upon the irrevocable agreement that, at no time in the future, will Wife make any claim that there is equity in the home and Husband shall take the home at an assigned value of zero ($0) dollars, Wife hereby expressly waives any right to claim any value for equity in the home and in exchange, Husband further agrees to be solely responsible for the first mortgage due and owing to Washington Mutual in the outstanding amount of $300,000.00 with a monthly payment of$3,200,OO and the Waypoint Home Equity Loan of $50,000,00 with a monthly payment amount of$593,84, Pending title transfer, Husband shall have exclusive 7 possession of the marital home and Wife shall not enter same. Wife further agrees to COoperate and execute all documents necessary to transfer full title of said home to Husband and to allow for his immediate refinance of said debt if this can occur, Husband agrees to indemnitY and hold Wife hann1ess for theses debts, as well as any other related real estate expenses such as outstanding real estate taxes, insurance or assessments, The only exception to this requirement is the credit card jUdgment entered against Wife as set forth in paragraph n.D, If this is a lien against the real estate, Wife must pay same and will indemnitY and hold Husband hannless for said debt. Whether this obligation is a marital debt will be for future detennination in equitable distribution, 2, Notwithstanding the Agreement set forth in paragraph 1, the Parties agree that they each shall retain all rights to claim for future equitable distribution of all marital assets and to claim credits for all payments made on marital debt or obligations paid for the benefit of the other sPOUse since date of separation to the date of this Agreement. However, it is further agreed that until the time of final resolution of this case, Husband shall make the minimum monthly payments on the following debts: A) AllFirst (approximate $15,000,00); B) First USA Bank (approximate balance $18,500,00); C) USAA Federal Savings Bank (approximate balance $7,000,00, This debt has been moved to an interest free credit card in Husband's name alone and no payment will be due for one year); D) 401k loan (approximate current amount of$1O,OOO,OO); E) Heal and Sallie Mae Loans (approximate amount of$19,000,OO), (It is acknowledged that a dispute exists as to whether the education loans are marital debt and both parties reserve and preserve for equitable distribution purposes, any and all claims and defenses relative to these education debts), 8 Wife shall make the minimum monthly payments on the following debts: A) Judgment with Citibank South Dakota, N,A, (It is acknowledged that a dispute exists as to whether the judgment is marital debt and both parties reserve and preserve for equitable distribution purposes, any and all claims and defenses relative to this judgment and the underlying credit card debt); and B) Car payment. 3, Wife shall be required to leave the home in a clean and damage free condition. All trash and unwanted property shall be removed, Any costs incurred by Wife in this regard shall be her sole expense. NOW, THEREFORE, the parties, intending to be legally bound, do agree to set forth their hands on the date first written above, - ~~c Thomas C, O'Malley cynC~leyCl. O~ 9 o C ""T~"~ rf1h! ~C~:: ~;: ~~; --. . . , . ,.." = = <.0..> o ,..." ("") w !?, ~pi ::80 2.0 X-T1 00 ~:IT1 . , =--1 ~ ::2 ;po :x ,:-;'-' ..,... \.0 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3592 CYNTHIA A O'MALLEY, Defendant 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 26, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verif'y that the statements made in this affidavit are true and correct I understand that false statements are made subject to the penalties of 18 Pa. C. S.A Section 4904 relating to unsworn falsification to authorities. DATE: I'z/;?c:?(~ ? ,~ C2 <"- ? -;"1 CD rf. c;; L',. 21;:.: ~:~" ~C; .p: ,.. "-7( , .....-;Ci >'C: ~-7 ::~ -< ....., <=> <=> <..W o ~ c...> ~ :r-n mhi :g~ S. "-r -'r' <;;)0 ~rn ~~ ....."" s.~ ~- "'"' ::.: 'R .r:- OO THOMAS C, O'MALLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 02-3592 CYNTHIA A. O'MALLEY Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 26, 2002, 2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date ofthe 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 herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, Date: /q/3tJ); 2> ~ (j. (Jm~ Cynt ia A. O'Malley C) ...., = ~ c = 0: ...... "\J'tj] 0 :e rn n-~ I'T1 27; n ~~ 2r.... w ~~~~ ::t,? 00 ~O ::j -r" J> -'--rl :z 0-- ..-0 Z0 >c.: "-fT1 v::> O' ~ .s:- ~: :0 CD -< THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3592 CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DNORCE DECREE UNDER ~3301(c) OF THE DNORCE 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! 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 statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE IL.;)-=:> (?/"J. I ~~~~ THOMAS C. O'MALLEY (") ....., <= 0 c: = "7' s: ......, """t.llJJ 0 -I rnrrJ M ::J:"Tl 2:f' ("") n1F 2:1)- c,.,) "TJ t9 fj)~:' --r","" 1:32: ~L; :r!~ ~f; ". ::;: C")_._: -70 5>,;.: 'P. (3m ...:::: ~ :< &" ex> -< THOMAS C. O'MALLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, 02-3592 CYNTHIA A, O'MALLEY Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 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 conceming alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904 relating to unsworn falsification to authorities, DATE: 1dj30j0 3- . ~/O- 0 "" = ~ c:: = ~ ..... -Urn 0 ~"T1 rni'r: m Z:J::1 ('"') m- .- ZC" ~ -urn (I.) 1.:> 56 -.;- "',- r~;:':;: <- :::!..,.-j ).,>,.." :> -'--n z" ::l!: o~ s;(~ zO - C 1..0 om ~ --1 ..;:- ~ ex> Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3592 CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2002. 2. Date and manner of service of the complaint: Acceptance of Service dated August 7, 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff December 30,2003; by Defendant December 30, 2003. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 31,2003 and incorporated, but not merged, into the Decree. See paragraph 2, page 2 of the Agreement. 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: December 31,2003. Date Defendant's Waiver of Notice in 3..3 Ol\s.l-pivorce was filed with Prothonotary: December 31, 2003. ./ / Dated: December 3 I, 2003 / // / Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PAl 7070- I 93 I (717)-774-1445 Supreme Court ill #323 I 7 Attorney for Plaintiff Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3592 CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: December 31, 2003 Debra Denison Cantor, Esquire Reager and Adler, P.c. 2331 Market Street CampHill,PA 17011..... /.,. ~~ ;/ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. #32317 Attorney for Plaintiff (') C -.:to-. ...,,.. ~-o(':;D mn) :::: :'~-; Zt",. ~:~i":, yr." ~i:-, :-;"'''C: ~ ..., = = u.> c::> ,..., ("') W o -n --t ~F! -0"" S~ :L.-n t'}-- 7~ ~j 5') -< .". ;;;; '!? \.D . . . . . . . . . ~ ~~~~~~~~~~ ~~~ ~~~~~ ~ ~~ ;t;;ti;f. :+;:ti '" IN THE COURT OF COMMON PLEAS . OFCUMBERLANDCOUNTY . PENNA. STATE OF . . 'l'HCMAS C. 0 I MALLEY , . No. 02-3592 Plaintiff . . . VERSUS CYNTHIA A. 0' MALLEY , . Defendant . . DECREE IN DIVORCE . . . . . AND NOW, Nj..e- ?I" , IT IS ORDERED AND 2003 . . DECREED THAT 'l'HCMAS c. 0' MALLEY , PLAINTIFF, AND CYNTHIA A. 0 I MALLEY , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . THE COURT RETAINS JURISDICTION OF THE FOI_LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 31, 2003 and incorporated, but not merged, into the Decree. . . . . . .. . . . By THE COUd 4- . . . . , . . PROTHONOTARY . . ;I;;+: ;+::f. :f.:f.:f.;f.;+:;t;;f:f. :f.'F. :f. ;f:F. . ;t; :+:;+:;+: :f.:f.:f. ;Ii:+;;+:: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . . . . . . . . . . . . . . . ,,' .. ~?~:7 ~ ~u, },o.->.( ~~~ fp ~,~ 4? .p9 j,(J'Sl .., \, >' . '; " 1\', THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3592 CYNTHIA A O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE CYNTHIA A O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COINTY, PENNSYLVANIA v. DOCKET NO. 00573 S 2002 THOMAS C. O'MALLEY, Defendant PACSES Case Number 703104635 STIPULATION FOR ENTRY OF MODIFIED COURT ORDER This Stipulation is entered into this 9th day of January, 2004 by and between Thomas C. O'Malley, through his attorney, Barbara Sumple-Sullivan, Esquire and Cynthia A O'Malley, through her attorney, Debra Denison Cantor, Esquire. WIT N E SSE T H: WHEREAS, a Court Order dated October 15, 2002 had been entered dealing with certain issues of equitable distribution, support and custody, based on Stipulation of the parties dated September 30, 2002; WHEREAS, a comprehensive settlement agreement was executed between the parties dated December 31, 2003, which settlement modified the terms of the support portion of the Order of October 15, 2002; WHEREAS, a divorce was entered between the parties on December 31, 2003; WHEREAS, the parties desire to amend the support order which is handled through Domestic Relations as set forth herein; WHEREAS, the parties desire to confirm of record that the terms of the prior Order dated October 15, 2002 as same relate to custody and equitable distribution; NOW THEREFORE, the parties, intending to be bound do agree as follows: I) The support portion of the Order dated October 15, 2002 is hereby voided and replaced in its entirety with the terms of parties' Marital Settlement Agreement dated December 31, 2003, which terms are incorporated herein by reference. Copies of the Agreement are attached hereto as Exhibit "A" and incorporated herein by reference. 2) The parties agree that the terms of the Marital Settlement Agreement as contained in paragraphs 14 and 15 are to be controlling of the support terms existing between the parties. Said Agreement shall be entered of record at Domestic Relations solely for enforcement and collection but not modification. 3) The current Order at Domestic Relations shall b,~ modified to provide as follows: a) Alimony Pendente Lite shall terminate; b) Domestic Relations shall collect an alimony award of$I,OOO.OO monthly, which shall be payable for thirty-six months commencing November I, 2003, unless terminated earlier pursuant to the Agreement of the parties. This award shall be non-modifiable in amount except in accordance with the terms of the parties' Marital Settlement Agreement. c) Beginning January I, 2004, child support shall be paid monthly in the amount of$I,OOO.OO per month for each child. Thomas C. O'Malley shall maintain health insurance for the children as long as offered through his employment. Cynthia O'Malley shall be responsible for the first $250.00 ofunreimbursed medical expenses per child. Thereafter, Thomas C. 2 O'Malley shall pay 70% of the unreimbursed medical expenses per calendar year per child. Thomas C, O'Malley shall additionally pay to Cynthia 0 'Malley 60% of the daycare expenses she incurs as necessitate for her employment. Said payment shall be due directly to Cynthia O'Malley within thirty (30) days of her request and proof of expenditure. If payment is not made, interest shall accrue at a rated of 12% per year. , ~ ,.4 -, Barbara Sumple-Sullivan, Esquire Counsel for Thomas C. O'Malley 3 .' MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3 ( day of December, 2003, by and between Cynthia A. O'Malley (hereinafter "WIFE") and Thomas C. O'Malley, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on June 22, 1991, and separated in August 2001. WHEREAS, the parties have two children of this marriage, namely Ryan O'Malley, date-of-birth December 28,1992, and Mikaela O'Malley, date-of-birth April 2, 1996, WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire of Reager & Adler, Pc. HUSBAND is represented by Barbara Sump le- Sullivan, Esquire. 12. VEHICLES, WIFE owns a 1998 Ford Windstar, Said vehicle is encumbered by a loan in WIFE's name alone, HUSBAND hereby waives any right, title, and interest in said vehicle. WIFE shall take all steps necessary to have HUSBAND removed from the title to the Windstar within thirty (30) days of execution of this Agreement, HUSBAND does not own a vehicle, 13, BANKRUPTCY OR REORGANIZATION PROCEEDINGS. WIFE has filed a Chapter 7 Bankruptcy in the Middle District Court of Pennsylvania to Docket No, 1:03-bk-06633-MDF, The stay of proceedings was lifted on December 29, 2003 to allow the State Court to conclude this divorce case. 14, CHILD SUPPORT. For a period of twenty-four (24) months beginning January 1, 2004, HUSBAND shall pay to WIFE the sum of $2,000 per month in child support. This amount is fixed and nonmodifiable by either party and includes a waiver of WIFE's claims to any bonus for the 24-month period, However, at the expiration of the twenty-four (24) month period, either party may petition the Domestic Relations office to revisit the child support matter. HUSBAND shall maintain health insurance for the children as long as it is offered by his employment. WIFE shall be responsible for the first $250 of unreimbursed medical expenses per child, Thereafter, HUSBAND shall pay 70% of the unreimbursed medical expenses per calendar year within thirty (30) days of a demand of payment. HUSBAND shall also be responsible for 60% of the day care expenses, Payment shall be made to WIFE within thirty (30) days of her request and proof of expenditure which is necessitated by her employment. If payment is not made, interest shall accrue at a rate of 12% per annum, HUSBAND presently owes to WIFE contributions towards outstanding day care expenses, HUSBAND agrees to pay WIFE the sum of $455 for summer day care in 2003 concurrently with the execution of this Agreement, 7 " Upon proof that WIFE was employed during the course of time that Joyce Livering was employed, HUSBAND shall pay directly to Joyce Livering the sum of $900. HUSBAND shall pay to WIFE the sum of Three Thousand Dollars ($3,000) in non-taxable child support no later than January 1:;, 2004, WIFE acknowledges that this is in full satisfaction of her claim for a percentage of the remaining bonus paid in 2003, pursuant to the order dated October 15, 2002, 15, ALIMONY. For a period of thirty-six (36) months from November 1, 2003, HUSBAND agrees to pay WIFE the sum of $1,000 per month in direct payment of alimony to WIFE, and $1,000,00 per month in alimony, which second allocation shall be retained by HUSBAND and used toward satisfaction of marital indebtedness, Said direct payment shall be due concurrently with the child support payment. These payments of $2,000.00 per month shall be taxable to WIFE and deductible to HUSBAND as income, so that for income tax purposes only, WIFE shall acknowledge receipt of alimony of $2,000,00 per month, or $24,000,00 per year, and said sum shall be taxable to her and deductible by him. In the event that WIFE cohabits, remarries, or dies, the direct monthly amount payment of $1,000.00 shall terminate, However, WIFE shall be credited with receipt of $1,000 of alimony for income tax purposes only, In the event that WIFE files for child support modification within twenty- four (24) months of the execution of this Marital Settlement Agreement, and such petition results in an increase in child support, for each additional (1) dollar in child support awarded, WIFE shall suffer a two (2) dollar reduction in her direct alimony payment, or, if same is already terminated, an additional assessment of two times the child support increase shall be added to the portion attributable to her as alimony for tax purposes, The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance, The parties further 8 " release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. This provision is non-modifiable in term and duration, Child support and alimony shall be payable through Domestic Relations and its jurisdiction shall be invoked for enforcement purposes only, The parties agree to enter a stipulated order to Domestic Relations consistent with the terms of the agreement. 16, ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses, Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution, It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18, WAIVER OF RIGHTS, Both parties hereby waive the following procedural rights: (a,) The right to obtain an inventory ,md the appraisement of all marital and non-marital property; (b,) The right to obtain an income and expense statement of either party; 9 " .' IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written, This Agreement is executed in duplicate, and in counterparts, WIFE and HUSBA ledge the receipt of a duly executed copy hereof, ~ /1 , :; "Io;;--;?-,,- L. Thomas C. O'Malley , f C-74~ // I" w~ ~ 0 11t, 11 .. \ '-- ~ ~,_A --Z::==-' n =< '" <<:::::> c:.;:, ~- o -n :f!. r11f-D ....L"1iTl -"0 ('.J .L :-lCJ .~.'ri~~. ~_) :-n ~!J '- :;r".a :;oc N -'.J ::;;:;: w a -' THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 'f v. . NO. 02-3592 JAN 2 3 2004 L CYNTHIA A O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE CYNTHIA A O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 00573 S 2002 THOMAS C. O'MALLEY, Defendant PACSES Case Number 703104635 ORDER AND NOW, thisz.. (,. day of January, 2004, in accordance with the Stipulation for Entry of Modified Court Order dated January 9, 2004 as attached to this Order, said terms are entered as an Order of Court and are binding upon the parties as if entered by this Court after full hearing. BY THE COURT: '.AIL Judge ,,:\; ~y:) (, S :7, V.\ 92 ~\'.Jr ~I\m~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 02-2592 CYNTIllA A O'MALLEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR MODIFICATION OF CUSTODY ORDER I. Petitioner is THOMAS C. O'MALLEY, an individual residing at 3 Wobum Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania 170 II. 2. Respondent is CYNTHIA A O'MALLEY, an individual residing at 550 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania 170 II. 3. Petitioner seeks to amend his current periods of partial physical custody of the following children: NAME ADDRESS DOB Ryan T. O'Malley 550 Fairway Drive 12/28/92 Camp Hill, P A Mikaela R. O'Malley 550 Fairway Drive 4/2/96 Camp Hill, P A The children were not born out of wedlock. The children are currently in the primary physical custody of Mother who resides at 550 Fairway Drive, Camp Hill, Pennsylvania 17011. During the last five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Mother and Father 3 Woburn Abbey Ave. Camp Hill, PA 17011 1999 to April, 2002 Mother 3 Woburn Abbey Ave. Camp Hill, PA 17011 April, 2002 to September, 2002 Mother 550 Fairway Drive Camp Hill, PA 17011 September, 2002 to Present The Mother of the child is Cynthia A. O'Malley, currently residing at 550 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania 170 II. The Father of the child is Thomas C. O'Malley, currently residing at 3 Woburn Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2 A divorce decree was entered between the parties on December 31, 2003. 4. The relationship of the Petitioner to the child is that of Father. The Petitioner currently resides alone. 5. The relationship of the Respondent to the child is that of Mother. The Respondent currently resides with the children and Nicole Hossler, daughter and Ben Stotks, boyfriend's son. 6. Petitioner and Respondent had previously participated in custody proceedings in this Court incident to their divorce. A copy of the custody order dated October 15, 2002 is attached hereto as Exhibit "A." 7. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because Petitioner believes he is able to provide a clean and stable primary residence for the children. He is concerned about Respondent's lack of supervision of the 3 children as well as her choice of babysitters. He has concerns about the suitability of Respondent as primary caretaker of the children WHEREFORE, Petitioner asks that the Court grant him shared legal and primary physical custody of the children. Dated: AuguS~2004 / '~1mpl'-S",Ii"'" E..w, Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 4 EXHIBIT A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3592 CYNTHIA A O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this ge day of October, 2002, the parties' Stipulation dated September 30 2002, the terms thereof are entered as an Order of Court and are binding upon the parties as if entered by this Court after full hearing. BY THE COURT: Is! i~~ Q I4u I I Judge fFN ~~ . ,""~" "'""'-, t-.n ,~;r;:.f"""'MO f ;,t,',"'"f."l",,,,"~n anrl U}l~ ~';.j,~ TH., j,:.... . .I~~ ..J -= :;:]3~' C;. (' ,',,, ~~,." ., ,~, J: ~.=~.j 4\1 '".'-:(;'{it( ,~.)~ G'0:t~Jt,k~, Pa. .0~~, ~~ ProtlJOl1otarll Barbara Sumple-Suilivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-3592 CYNTHIA A O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULA nON This Agreement is made this 30th day of September, 2002 by and between Thomas C. O'Malley (hereinafter "Husband") and Cynthia O'Malley (hereinafter "Wife"). The purpose of this Agreement is to confirm the understandings of the parties: as they relate to support, custody, and certain issues for equitable distribution between the parties These latter agreements shall be binding on the parties as they conclude the equitable distributilon portion of their pending divorce proceedings. It is the express purpose of this document that it shall be submitted by the parties to the court for entry of a stipulated order of support and custody. WHEREAS, Husband and Wife were married on June 22, 1991 and separated in August, 2001; WHEREAS, the parties are the natural parents of two children being Ryan O'Malley (born December 28, 1992) and Mikaela O'Malley (born April 2, 1996); WHEREAS, the parties desire to enter into a plan which sets for their agreement for custody and support, as well as certain agreements which shall remain binding against them in equitable distribution and to submit these agreements to the court in settlement of those issues; NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: I. CUSTODY: 1, LEGAL CUSTODY: The parties agree to shared legal custody of their minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children, Each party agrees not to attempt to alienate the affections of the children from the other party, Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody, With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, However, that parent shall inform the other of the emergency and consult with him or her as soon as possible, Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2, PHYSICAL CUSTODY: Physical custody of the minor children shall be shared between the parties, Mother shall have the children at all times not specified below: 2 A. ALTERNATING WEEKENDS: Father shall have alternating weekends from Friday after school to Monday to start of school. If there is no school, Father shall have the children from 4 p,rn. on Friday afternoon until Monday at start of his workday or noon, which ever is earlier. B, WEEK NIGHTS: Father shall have one (I) overnight each week from after school (or 4:00 p,m, if there is no school) until start of school the next day (or if there is no school the next day, to start of Father's workday or noon, whichever is earlier). The parties expect that this overnight shall be Wednesday each week; however, the parties agree to be flexible with this date to meet the demands of Father's work schedule, C. FLOATING DAYS: Additionally, Father shall have the right to take ten (10) additional overnights with the children as he may desire, These days may be taken to extend his weekends or to provide additional time with the children during school vacations, Father shall have the absolute right to exercise these periods by giving MOlther seven (7) days advance notice of his intentions in this regard, D, HOLIDAYS: The parties shall celebrate holidays as follows: 1. In even numbered years, Father shall have the holidays of Memorial Day and Labor Day, These holidays shall be defined as 9:00 a,m, until 7:00 p,m, Father shall have these times in odd numbered years, 2, In even numbered years, Mother shall have Easter, July 4th and New Year's Day, Easter shall be defined as 9:00 a,m, until 7:00 p.m, July 4th shall be defined as 9:00 a.m, on July 4th until 9:00 a,m, on July Slh. New Year's Day shall be defined from New Year's Eve at 6:00 p,m. until New Year's Day at 6:00 p.m, Mother shall have these times in odd numbered years, 3, Mother shall always have Moth~r's Day, which shall be defined as 9:00 a,m, to 7:00 p,m. 3 4, Father shall always have Father's Day, which shall be defined as 9:00 a,m, until 7:00 p.m, 5, Thanksgiving shall be shared between the parties, Segment A shall consist of Wednesday evening from 6:00 p,m, until Thanksgiving Day at 1:00 p,m, Segment B shall consist of Thanksgiving Day at 1:00 p,m, until Friday at 6:00 p,m" when the regular weekend schedule shall resume, Mother shall have Segment A of the Thanksgiving Holiday in even years and Father shall have Segment B, This shall reverse for odd numbered years, 6. Christmas shall be shared between the parties, Segment A shall consist from Christmas Eve at 9:00 a,m, until Christmas Day at 12:00 noon, Segment B shall be defined as Christmas Day at 12:00 noon until December 26th at 9:00 p,m, Mother shall have Segment A ofthe Christmas Holiday in even years and Father shall have Segment B. This shall reverse for odd numbered years, The holiday schedule as set forth above shall supersede all other provisions of this Order. E, VACATION: Upon thirty (30) days notice, FATHER shall have the right to take four (4) weeks of vacation with the children each year. Upon thirty (30) days notice, Mother shall have the right to take two (2) weeks of vacation with the children each year. These can occur at any time during the year and does not require travel by the parent. A week shall be defined as seven (7) consecutive days and shall include Father's custodial weekend so as not to disrupt the alternating weekend schedule, These weeks shall be non-consecutive, F, POSITIVE RELATIONSHIPS: Each of the parties and any third party in the presence of the children and the party shall take all measures 4 deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party, Neither party shall do anything which may estrange the children from the other party or injure the children's opinion of the parent or which may hamper the free and natural development of the children's love and respect for the other parent. Q, LOCATION: It is specifically noted that the terms of this agreement were negotiated with the hope and desire of Father to allow the children to stay in close proximity to both parents and in their current school. The parties acknowledge that Mother has executed a one (1) year lease on this home, Hence, the execution of this agreement is conditioned on Mother specifically leasing a house within the same neighborhood (Floribunda) as the marital home, In the event that Mother decides to relocate from that neighborhood, she must give Father at least sixty (60) days notice, The residences, addresses and telephone numbers where the children may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children are in her or his custody, H, TELEPHONE CONTACT: The parents are entitled to speak with the children on their non-custodial days. The custodial parent shall make the children available for the other parent's call, 1. OTHER TIMES: Father shall additionally have the children at other reasonable times which the parties shall agree upon, The parties agree that the custody conciliation scheduled before the court for September 4th at 1:30 p,m. shall be cancelled. J, SUPERVISION: The parties agree that the children shall not be left unsupervised and shall; be left only in the custody of a responsible 5 II. SUPPORT: A, D, supervisor. Responsible supervision could be deemed a teen babysitter fifteen (I5) years of age or older. B, Effective July I 1,2002, Father shall pay to Mother the sum of THREE THOUSAND DOLLARS ($3,000,00) per month for support. This sum shall be allocated $2,000.00 in child support and $ I ,000,00 in Alimony Pendente Lite for income tax purposes. This sum shall be paid bi-weekly through Domestic Relations. This sum shall be paid bi-weekly via wage attachment. The parties acknowledge payment of support of SIX THOUSAND DOLLARS ($6,000,00) as of September 30, 2002, Any arrearage shall be payable at the additional rate of ONE HUNDRED DOLLARS ($100,00) per month. In addition, the parties agree that Wife shall receive 25% of any net bonus Husband receives from his employment with Physicians For Women Health, This sum shall also be allocated as 50% child support and 50% Alimony Pendente Lite for tax purposes, This payment and proof of bonus shall be made directly to Wife within ten (10) days of Husband's receipt of any such bonus, Husband shall continue to provide medical insurance on Wife and the children as provided through his employer. Wife shall pay the first $250.00 annually in unreimbursed medical expenses for each person covered by the support order. Thereafte:r, unreimbursed medical expenses shall be apportioned between the parties with Husband responsible for 80% percent and Wife responsible for 20%, Daycare incurred during either party's scheduled work hours shall be shared by the parties with Husband paying 70% of said costs and Wife paying 30% of said costs, c. 6 E, A condition of this agreement for support is that Wife will be solely obligated and pay in a timely fashion on her car payment, which payment is approximately $195,00 per month, and her credit card obligation which has been reduced to ajudgment against her in the amount of$16,013,67 due and owing to Citibank South Dakota N,A, Husband agrees that he shall be responsible to make present payment on the other marital monthly expenses, Each party reserves the right to claim credit. F, Since separation, the parties have each paid various marital liabilities, Husband has paid all mortgage, home (:quity, and other household expenses despite the fact that he did not occupy the home. The parties agree that said claims for credit for full payment of these marital liabilities shall be reserved and utilized in the resolution of the equitable distribution of assets in this matter. AGREEMENT FOR SETTLEMENT OF ISSUES REGARDING EOUlTABLE DISTIUBUTION I. The parties agree that the marital home has no equity and the sale of the property, with all of the necessary repairs and sales costs will only result in additional debt to them, In an effort to stay close to the children and to avoid incurring the additional debt, Husband has agreed to move back into the marital home. This shall occur on or before September 3, 2002 and Wife shall relocate to another leased home in the Floribunda neighborhood, This Agreement is specifically conditioned upon the irrevocable agreement that, at no time in the future, will Wife make any claim that there is equity in the home and Husband shall take the home at an assigned value of zero ($0) dollars, Wife hereby expressly waives any right to claim any value for equity in the home and in exchange, Husband further agrees to be solely responsible for the first mortgage due and owing to Washington Mutual in the outstanding amount of $300,000,00 with a monthly payment of$3,200,OO and the Waypoint Home Equity Loan of $50,000,00 with a monthly payment amount of$593,84, Pending title transfer, Husband shall have exclusive 7 possession of the marital home and Wife shall not enter same. Wife further agrees to cooperate and execute all documents necessary to transfer full title of said home to Husband and to allow for his immediate refinance of said debt if this can occur. Husband agrees to indemnify and hold Wife harmless for theses debts, as well as any other related real estate expenses such as outstanding real estate taxes, insurance or assessments. The only exception to this requirement is the credit card judgment entered against Wife as set forth in paragraph II,D, If this is a lien against the real estate, Wife must pay same and will indemnify and hold Husband harmless for said debt. Whether this obligation is a marital debt will be for future determination in equitable distribution, 2, Notwithstanding the Agreement set forth in paragraph I, the parties agree that they each shall retain all rights to claim for future equitable distribution of all marital assets and to claim credits for all payments made on marital debt or obligations paid for the benefit of the other spouse since date of separation to the date of this Agreement. However, it is further agreed that until the time of final resolution of this case, Husband shall make the minimum monthly payments on the following debts: A) AllFirst (approximate $15,000.00); B) First USA Bank (approximate balance $18,500,00); C) USAA Federal Savings Bank (approximate balance $7,000.00, This debt has been moved to an interest free credit card in Husband's name alone and no payment will be due for one year); D) 40lk loan (approximate current amount of$IO,OOO,OO); E) Heal and Sallie Mae Loans (approximate amount of $ 19,000,00), (It is acknowledged that a dispute exists as to whether the education loans are marital debt and both parties reserve and preserve for equitable distribution purposes, any and all claims and defenses relative to these education debts), 8 Wife shall make the minimum monthly payments on the following debts: A) Judgment with Citibank South Dakota, N,A, (It is acknowledged that a dispute exists as to whether the judgment is marital debt and both parties reserve and preserve for equitable distribution purposes, any and all claims and defenses relative to this judgment and the underlying credit card debt); and B) Car payment. 3, Wife shall be required to leave the home in a clean and damage free condition, All trash and unwanted property shall be removed, Any costs incurred by Wife in this regard shall be her sole expense. NOW, THEREFORE, the parties, intending to be legally bound, do agree to set forth ~v~ {? Thomas C. O'Malley I{arbara Sump Ie-Sullivan, Esquire Jo~ne Harrison Clough; quire /, hi f/ui. a o~ ~\, O'Malley 9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Docket No. 02-3592 CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, THOMAS C. O'MALLEY, hereby certify that the facts set forth in the foregoing PETITION FOR MODIFICATION OF CUSTODY ORDE1R. are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED A[J- IJ- ,2004 ~ I~ / /l..tJ?t<.P<J (? ~ THOMAS C. O'MALLEY Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Docket No. 02-3592 CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certifY that on this date, I served a true and correct copy of the PETITION FOR MODIFICATION OF CUSTODY ORDER, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: DATE: August2o, 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme CourtI.D. 32317 Attorney for Plaintiff ~ ~ 7V f'f, ~ #- It-- . D ~ ~ () ~0:tJ ~ F ~ -.r , , ~ r") n ~rJ I :>~ :1~ r":', :,;-:) ( , . THOMAS C, O'MALLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-3592 CIVIL ACTION LAW CYNTHIA A. O'MALLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 31, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, September 27, 2004 at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The eourt hereby directs the parties to furnish any and all existin:g Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P, Gree-c;'y. F.sq, Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATroRNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~~~~c7'!-~ ~ P4>~~ -11;J.!-/v ~?"~-fv :zr-4;,prD Af?lb .." '\'V -,,"'J., \:~f\rVl, ,~) j ~I \.""A,~ :) ,. -"'Y'''ln I "In"''',': n~ :../ -:-::1!:,:v~ 1\.U'i '.,',- 8 S : II ~~t' I - d3S ~OOZ Ai:NLCNOH10Ud 3Hl :JO . 301:l:1CHJ311.:J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 THOMAS C. O'MALLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 02-3592 CYNTHIA A. O'MALLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that I served a copy of the Order of Court dated August 31, 2004, scheduling the Pre-Hearing Custody Conference for September 27, 2004 at 8:30 a.m. in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000060000283892 4391, Return Receipt Requested, on the above-named Defendant, Cynthia A, O'Malley, on September 8, 2004 at Defendant's last known address: 550 Fairway Drive, Camp Hill, PA 17040. The original receipt and return receipt card are attached hereto as Exhibit" A". I hereby certifY that the facts set forth above are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject Dated: September / () , 2004 / (' M pl~SoUiwm, "'qott, 549 Bridge Street . New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff to penalties of 18 Pa. C. S A ~4904 relating to unsworn falsiilcatio ..... IT" ", ;:r CAIlP HIll PA 17011 Certified Fee Postage $ $0.37 $2.30 rtJ rr .., m Aetl)rn ReGeipl Fee -.1.75 (Endorsement flequired) Restricted DeliveryFee $0.00 (Endorsement HeqUlred) .., rtJ o o o <:I ..Jl <:I Total Postage. & Fees $ '4.42 <:I <:I <:I t"'- , , now ~ ..' ~"III!II!'!P' . ',:;I'! ~~l .....li'. ';;;.l' ~ .,; : ~ :.;,' ~.it". . "..,., OJ. ,..., , ,"" 1'" M:Jj.t:lI.J. : ... <.,.: ''P),W~1 '..... EXHIBIT "A" , ..... ..... I'T'I :r ru Postage $ $0.37 ..... '2.30 .., Certified Fee I'T'I Return Receipt Fee $1.75 .., (Endorsement Required) ru '0.00 C Restricted Delivery Fee C (Endorsement Required) C Total Postage & Fees $H.42 C ..lI C C C C ..... EXHIBIT "A" SEP 2 B 20041 THOMAS C, O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3592 CIVIL TERM v, CYNTHIA A. O'MALLEY, CIVIL ACTION - LAW IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this 30' day of ~re-6v" ,2004, upon consideration of the attached Custody Conciliation Summary eport, it is hereby ordered and directed as follows: 1, This Court's Order of October 15, 2002, as it relates to custody of the minor children, shall be modified as follows, A. Paragraph 2,B, shall read: Effective September 29, 2004, Father shall have custody each Wednesday after school until the children are returned to school on Thursday morning, Effective October 5, 2004 on alternating weeks, Father shall have custody from Tuesday after school until the children are returned to school on Thursday moming, B, Paragraph 2.C, of the Stipulation of September 30, 2002 is VACATED, C, The parties shall participate in co-parent counseling with Melinda Eash at Riegler, Shienvold & Associates, 2. The Custody Conciliation Conference shall reconvene on March 3, 2005, at 1 :00 p.m. at the office of the Custody Conciliator, Melilssa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY THE COURT: Dist: Barbara Sumple-Sullivan, Esquire, 549 Bridge reet, New Cumberland, PA 17070 ) ~ ~ Harry M. Baturin, Esquire, 717 N, Second Street, Harrisburg, PA 17102 I 9.30'O~ "\h'\il\lX~:j\.\N3d ,lJj'lr'~" .~, ,-' .-.-..,~) :''1,' ,.' \ J'.'"'' ..._.".",.""f , ~l l'~;'_ ,_.".,-"'::.r::-,iq! ss :0\ \.i~ OS d3S l1UUZ Xd''ilONOH10Hd '3Hl:10 3::J\:HO-G311d SEP 2 B 2004f THOMAS C, O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3592 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v, CYNTHIA A. O'MALLEY, Defendant CUSTODY CONCILIATION SUMMAR:Y REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the :Following report: 1, The pertinent information conceming the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRE:NTL Y IN THE CUSTODY OF Ryan T, O'Malley Mikaela R. O'Malley December 28, 1992 Mother April 2, 1996 Mother 2, The parties' first Custody Conciliation Conference was held on September 27, 2004 following Father's August 24, 2004 filing of a Petitic)n for Modification of Custody Order, The parties had previously operated under a stipulated Order of this Court dated October 15, 2002, Present for the conference were: the Father, Thomas C, O'Malley, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Cynthia A. O'Malley, and her counsel, Harry A. Baturin, Esquire. V tL ~ p,rt'os ,"",hod '" 'g,""mem '"!he Ioon?~ / 'De",:f; f ~ Peel G",""Y, E'",,,, Custod~f Conciliator :236158 THOMAS C. O'MALLEY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO, 2002-3592 CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this I&. day of Ov-,rl,../ , 2004, based upon the Marital Settlement Agreement between the parties dated December 31, 2003, we hereby find as follows: A. The parties hereto were formerly husband and wife and were divorced by a final decree in divorce entered by this Court on December 31, 2003, B. Among the marital assets owned by the parties was the Plaintiff's interest in a 40 I (k) retirement plan through his employer, Partners In Women's Healthcare, P. C. (hereinafter the "Plan"), C, The Plaintiff, Thomas C. O'Malley, was, during the parties' marriage, a participant in said Plan and accrued certain rights and benefits in the Plan, Plaintiff Thomas O'Malley is hereafter referred to as "Participant", D. The parties' December 31, 2003 Marital Settlemtmt Agreement (the "Agreement") provided, inter alia, for a division of Plaintiff's retirement account and a transfer of an interest therein to a tax deferred account established by Defendant. E, Pursuant to the Agreement, Defendant Cynthia A. O'Malley is to be an Alternate Payee of a portion of Participant's 40 I (k) retirement Plan, LAW OFFICES SNElBAKER. BRENNEMAN & SPARE F, The parties require a Qualified Domestic Relations Order to implement properly the terms of the Agreement with respect to the division of the Pllm, VINV/YIASNN:3d I!A_';j......,.-', .""1"_ ;<";-'''11.11"',1'''\ ^-l.l'ii ",)_"' ,,;..L ;0 ".:,/(:v Sf: :2 11d 1- DO iDOl j,./~,V).OI<::'~:H.LC:2d 3Hi :!:J 3:,~Lt:-1C)-<Ell\~_~ G. The trustee of the Plan is The Vanguard Group, P. 0, Box 1110, Valley Forge, Pennsylvania 19482-1110, H, The pertinent information relevant to the Parti<:ipant is: Name: Current Address: Social Security No.: Date of Birth: Thomas C. O'Malley 3 W oburn Abbey Avenue, Camp Hill, P A 170 II 155-46-6706 September 3, 1960 1. The pertinent information relevant to the Alternate Payee is: Name: Cynthia A. O'Malley Current Mailing Address: 450 Fairway Drive, Camp Hill, PA 17011-2020 Social Security No,: 208-50-6439 Date of Birth: February 6, 1960 NOW THEREFORE, based upon the above findings, the parties' Agreement and the Domestic Relations Law of the Commonwealth of Pennsylvania and to implement the terms and provisions of the Agreement, it is hereby ORDERED, DECREED and DIRECTED as follows: I, As soon as administratively possible after the date of this Order, the Plan trustee, The Vanguard Group, shall transfer from Participant's 401(k) retirement plan account the sum of $11,994.43, plus interest earned on the sum of$II,978,OO fi-om August I, 2004 to date of transfer by way of one (I) transfer into Alternate Payee's IRA account No, 60117605 held by Waddell & Reed, Inc" 4755 Linglestown Road, Suite 402, Harrisburg, Pennsylvania, 17112- 8547, said sum to be free of any outstanding loans, with any such loan or loans to be or remain attached to Participant's Plan benefits, The sum identified above, when transferred into the account in Alternate Payee's name shall be the sole and separate property of Alternate Payee, ff(~e of any claim by Participant and LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE the sums remaining in Participant's 401(k) retirement plan account upon the transfer shall be and -2- LAW OFFICES SNEL8AKER, BRENNEMAN 8: SPARE remain the sole and separate property of Participant, free of any claim by Alternate Payee. 2. This Order is intended to be a Qualified Domestic Relations Order under the Internal Revenue Code and the regulations promulgated pursuant thereto and shall be treated as such, 3. This Court shall retain jurisdiction of this mattt:r for purposes of amending, modifying or enforcing this Order or any subsequent amendment thereto. BY THE COURT: rl /1 " J, -3- THOMAS C, O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2002..3592 CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO APPROVE AND ISSUE OUALIFIED DOMESTIC RELATIONS ORDER Defendant Cynthia A, O'Malley, by her attorneys, Snelbaker, Brenneman & Spare, P. c., submits this Motion to approve and issue a Qualified Domestic Relations Order and in support thereof avers the following: I, The parties to this action were formerly husband and wife who were divorced by final decree in divorce entered by this Court on December 31, 2003, 2, The parties entered into a Marital Settlement Agreement (the "Agreement") on December 31, 2003 which Agreement provided, inter alia, for a division of Plaintiffs retirement account and a transfer of an interest therein to a tax deferred account established by the Defendant. 3. The parties require a Qualified Domestic Relations Order to implement properly the terms of the Agreement with respect to the division of Plain tift's retirement account. 4, The retirement plan Trustee, The Vanguard Group, together with the parties hereto, through their respective attorneys, have approved a form Qualified Domestic Relations Order for adoption and issuance by this Court, A true and correct copy of the aforementioned Qualified Domestic Relations Order is attached hereto and incorporat(~d by reference herein as "Exhibit A". LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE 5, Plaintiffs attorney, Barbara Sumple-Sullivan, Esquire, concurs in this Motion for the issuance of the Qualified Domestic Relations Order in the form attached to this Motion, LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE WHEREFORE, Defendant requests this Court to approve and issue the Qualified Domestic Relations Order in the form attached to this Motion, SNELBAKER, BRENNEMAN & SPARE, p, C. 'i!~"L- Date: October 1,2004 BY: Keith 0, Brenm:man, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Cynthia A. O'Malley -2- THOMAS C, O'MALLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2002-3592 CYNTHIA A. O'MALLEY, Defendant CIVIL ACTION - LAW IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 2004, based upon the Marital Settlement Agreement between the parties dated December 31, 2003, we hereby find as follows: A. The parties hereto were formerly husband and wife and were divorced by a final decree in divorce entered by this Court on December 31, 2003, B, Among the marital assets owned by the parties was the Plaintiffs interest in a 401(k) retirement plan through his employer, Partners In Women's Healthcare, P. C, (hereinafter the "Plan"), C, The Plaintiff, Thomas C, O'Malley, was, during the parties' marriage, a participant in said Plan and accrued certain rights and benefits in the Plan, Plaintiff Thomas O'Malley is hereafter referred to as "Participant", D, The parties' December 31, 2003 Marital Settlement Agreement (the "Agreement") provided, inter alia, for a division of Plaintiffs retirement account and a transfer of an interest therein to a tax deferred account established by Defendanl:. E, Pursuant to the Agreement, Defendant Cynthia A. O'Malley is to be an Alternate Payee of a portion of Participant's 401 (k) retirement Plan, F, The parties require a Qualified Domestic Relations Order to implement properly the LAW OFFICES SNELBAKER. BRENNEMAN & SPARE terms ofthe Agreement with respect to the division of the Plan, EXHIBIT A G. The trustee of the Plan is The Vanguard Group, p, 0, Box I I 10, Valley Forge, Pennsylvania 19482-1 I 10, H, The pertinent information relevant to the Participant is: Name: Current Address: Social Security No,: Date of Birth: Thomas C, O'Malley 3 Wobum Abbey Avenue, Camp HilI, PA 1701 I 155-46-6706 September 3,1960 1. The pertinent information relevant to the Altemate Payee is: Name: Cynthia A. O'Malley Current Mailing Address: 450 Fairway Drive, Camp HilI, PAl 70 I 1-2020 Social Security No,: 208-50-6439 Date of Birth: February 6,1960 NOW THEREFORE, based upon the above findings, the parties' Agreement and the Domestic Relations Law of the Commonwealth of Pennsylvania and to implement the terms and provisions of the Agreement, it is hereby ORDERED, DECREED and DIRECTED as follows: I, As soon as administratively possible after the date of this Order, the Plan trustee, The Vanguard Group, shall transfer from Participant's 401(k) retirement plan account the sum of $11,994.43, plus interest earned on the sum of$1 1,978,00 from August 1,2004 to date of transfer by way of one (I) transfer into Alternate Payee's IRA account No. 60 I 17605 held by Waddell & Reed, Inc" 4755 Linglestown Road, Suite 402, Harrisburg, Pennsylvania, 17112- 8547, said sum to be free of any outstanding loans, with arty such loan or loans to be or remain attached to Participant's Plan benefits. The sum identified above, when transferred into th(: account in Alternate Payee's name shall be the sole and separate property of Altemate Payee, free of any claim by Participant and LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE the sums remaining in Participant's 401(k) retirement plan account upon the transfer shall be and -2- remain the sole and separate property of Participant, free of any claim by Alternate Payee, 2, This Order is intended to be a Qualified Domestic Relations Order under the Internal Revenue Code and the regulations promulgated pursuant thereto and shall be treated as such, 3, This Court shall retain jurisdiction of this matter for purposes of amending, modifying or enforcing this Order or any subsequent amendment thereto, BY THE COURT: J. LAW OFFICES SNEL8AKER. BRENNEMAN B: SPARE -3- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH 0, BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: October 1, 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 SNELBAKER, BRENNEMAN & SPARE, P.C. 011~- By: Keith 0, Brenneman, Esquire 44 W. Main Street p, 0, Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Cynthia A. O'Malley -, (') r;:: >,~ "" c~':;) C:J ..11;-. C) -n :-:,:.1 l'.il:q ,. en ~("l") >':'~() ~r.? ~~,~ "rn ~'I :Y:) C> C",I -, I ..,.., ~ l'.' = -, i RECEIVED APR 282005 THOMAS C. O'MALLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 02-3592 CIVIL TERM v. CIVIL ACTION - LAW CYNTHIA A. O'MALLEY, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOVll, this 25th day of April, 2005, counsel for the parties having agreed to cancel the Custody Conciliation Conference scheduled for April 13, 2005, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. Melissa Peel Greevy, Esquire Custody Conciliator :249356 }'ll"f'1C( ."':. "i:-. '-.~i/,_nJ 6S : I fld 6Z ildV sauz M\l1.0I<OH.i0i:Jd 3Hl :10 30:':!:1(J-G31I:l