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HomeMy WebLinkAbout94-05092 ~~i I i ~ ~ I. I ~ I I I i I I~ I I ~ ~ i i. I ~ I ~ i i 1 i ~ ~~. ~ r I 1 I ~ ~ I I ~ ~ I ~ I ~ I 1 1 j I I I ~ I , I - ~ I ~ I it i i I I 1 I i ~I . I ~ I I I 1 ~ 1 ~ I I I I I I I ~ I I I~ ~ _ ' I '' 1 ~ ~. j I II I , ~, I I I i I I I I' ~ ~ I . ~. ~ ~ I I I . I I i ' I . ; 7~{ ~ I i I i - I I I, II , ~ ~ I ~ ~ r ~. a i ~ r I i i I r ~ ~ i i ~ ~ I ~ ~ i i i ~ i I , i I ~ ' r ~ I i. ~ ' ~ ~ ~ I i ~ 'I ~ I I I I I i ~ ~ i I I ' ~ I I ~ ~ i ~ ~ ~ i ~ i , i ' _ ' i i .. , _ I ~ i, ~ i i~ r I ' i ~ i i r I i i ~ I I ' ~ I ~ L ~ ' i i l i ~ ~ i i J •010 •Oq -010 •OM •OID OID •~ •OK• -0la •Oq +70 •OM •OK• •:4` •OK• •~.• •Ob +MD •:K• •OK• ? •01F"iM0•:'•010'-0ID .Obi •OK• •011• •01P •010! ~p~........~.~......~...~..,...,.~.~_.._._.........._.~~.._._,~.._.~.,~..~_wu.._,...,._.__.....~.__...~. .~~.~....~__.~.....~...., aa T 9 ~~ IN THE COURT OF COMMON PLEAS ~ '~ OF CUMBERLAND COUNTY ~ y 9 ~; STATE OF ~ PENNA. ~ d w ~~ ~ $ ~ u, ,....50.9....... Civil... It) 94 T[{OMAS E . STEFFEN ~ Versos ~ GERALYN M. STEFFEN ~, DECREE IN ~ ~j DI VORCEt~ l~ `~ AND NOW, .... , .1. ~.'1`~.~~~ ..~Z ~ .. , 19 ..:... , it is ordered and t! °~ THOMAS E. STEFFEN plaintiff, ~ decreed that ........................... ,. GERALYN M. STEFFEN ,,,,, defendant, ~ and ................ ~! are divorced from the bonds of matrimony. ,j ~! ¢~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet bean entered; el ............................. HQf1E......................................, ~~ Hy The Cry,y~rt: ~~ ~ ~ ~l ~`~' i ~ f Attert: J. ~ ~ > ~d ~d Prolhonotnry , 9 _,._.._._..__._.. _........ .. _.. 1 'yam aw aw •x• •,w •>tc . al• •aK• •:n• •.r. ,w• •>.> <w •w> x• :~: ;r.• ws <K• •:~:~ •:~: tr. •A:• •:~: •>.: ;~;: •;.:• .,.;..;~!! i ~~ s ~ I I ~ i ' ~ 1 ~ ~ 1 ~ 1 ~ ~ _ ~ i i,, ~ i i ~ i ~ r .. ~. ~. ' ~ ~ ~, ~ ~ ~ ~ ' '. ~~ ~. i ~ ~ ~ i i ',i I t . THOMAS E. STEEPEN, Plaintiff vs. C,ERALYN M. STEEPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 94 - 5092 CTVTL IN DIVORCE ORDER OF COURT AND NOW, this ~ _ day of , 2000, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on June 6, 2000, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedinys by the filing of a praecipe to transmit the record with ttie affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COUR'P, cc: P. Richard Wagner Attorney for Plaintiff Paul J. Esposito Attorney fpr Defendant G g Hoff r, P.J. ~.~~ ~ ~•zo•oo (2~+~ i i , i I~I:Nltiai~,~,; Cr4~ '~ ~ ~ i , ~ ~ ' 1 ~. ~. ~. ~ ' i ~ , f 1 ~. ~1 i 1 ~ i. i i ' ~ , 1 i. i i , i ~ i I , I ~ ' 'i. 1 r i i r ~ r , ~ i , ~ ~ , ~ ' ~, i i i r .~. I I ~, i ' ,- I I i , ~ I ~ ,' ' i ~ ~ i~ ~ I I ~ ' ~ ~ I i i ~i I, III , ~. ~ I ~ I ~ i I ~. i ' ~ _ 1 . i ~ , ~ ~ 1 ~ r r i ~ THOMAS E. sTEFFEN, t Plaintiff c . IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUUNTY, PENNSYLVANIA va. t GERALYN M. STEEPEN, t Defendant t NO. 94 - 5092 CIVIL IN DIVORCE THE MABTERt 't'oday is 'T'uesday, June 6, 2000, This is the date set for a Master's I~rearing in the above captioned divorce proceedings. Present are the Plaintiff, Thomas E. Steffen, and h.is counsel P. Richard Wagner, and the Defendant, Geralyn M. Steffen, and her counsel Paul J. Esposito. This action was commenced by the filing of a divorce complaint on September 9, 1999, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Although husband has filed an affidavit under Section 3301(d), the parties are goiny to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301 (c) of the Domestic Relations Code. Counsel will have seven days from today's date to file the required affidavits and waivers. The parties were married, on October 3, 1981, and as of this date, the parties have been separated for a period i.n excess of two years. The divorce complaint raised the economic claim of equitable distribution; on July 22, 1999, wife r i ~ 1 1 ~ r . filed a petition raising additional claims of alimony, alimony pendente late, and counsel fees and costs. The parties are the natural parents of two children, ayes 8 and 10, Both children are currently itr the custody of wife. The Master has been advised that after considerable negotiations today, the parties have reached a settlement with respect to all of the outstanding economic claims. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered th'e substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Specifically after the agreement is stated on the record and after the parties leave here today, there will be no substantive changes that can be made to the agreement. The agreement will be 'sent around to counsel and the parties to make any corrections of typographical errors and then the parties will be asked to sign the agreement affirming the terms of settlement as stated on the record at this time. Once the Master has received the signed agreement, he will. prepare ar. order vacating his appointment so that counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. r Wagner, £ollows~ NR, WAONERr Thank you, The parties agree as 1, Husband, through his counsel, shall cause to be prepared a Qualified Uomestic Relations Order providing that upon retirement of husband from the Navy, wife shall receive a monthly benefit of 5641.00, Ttte said 5641.00 a month payment shall be increased by any percentage of cost of living increase provided by the terms of the pension. 2. Husband agrees that prior to the time of normal retirement, should he be disabled from his employment, he agrees to seek, apply for, and receive his regular retirement so that wife's 5641..00 monthly payment will be paid from that normal retirement program. Any sums received as a result of any disability retirement shall belong to the husband, wife having received her payment of 5641.00 through the normal retirement that husband .is obligated to undertake. 3. Husband shall maintain a life insurance policy on his life in the amount of $200,000.00 with each of his children named as irrevocable beneficiaries until such time that the youngest child reaches age 23. 4. Husband agrees to maintain a 565,000.00 life insurance policy on husband's life with wife as irrevocable beneficiary until such time as the youngest child reaches the age of 23 then husband agrees to provide 5100,000.00 worth of life insurance benefit to wife until such time that husband is 75 years of age. 5. Husband shall pay the sum of 5500.00 a month to wife commencing July 1, 2000, and each month thereafter for a period of five years through the Domestic Relations Office. The 5500.00 per month is not subject to modification but will terminate upon the death of either party. The 5500,00 will be considered as income for child support purposes calculations only after the first three years of payment. The parties agree that this payment is, although through the Domestic Relations Office, for tax purposes not to be considered alimony and will be considered equitable distribution. 6. Both parties agree to waive any further claims for r alimony, alimony pendente late, and spousal support in the past or in the present as well as counsel fees. 7. Both parties agree not to file any exceptions or appeal from the decision of Judge Bayley entered May 2A, ?.000, said order setting forth the disposition artd confirming the disposition of other marital assets and marital issues not contained in this agreement. 8. Husband and wife agree that the dlsposition of the pension as set forth above has taken into consideration both husband's pension as well as wife's pension so that wif.e's pension and/or any proceeds or any property acquired by that shall remain solely the property of the wife. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 10. Both parties acknowledge that they have undergone extensive litigation to reach this agreement today including discovery and each party is satisfied that they are fully aware of all assets and liabilities of each party in entering into this particular agreement. N12. WAGNER: Mr. Steffen, sir, you have been present while I dictated this proposed agreement. Did you hear what I said? MR. STEFFEN: Yes, I did. t•IIi. WAGNER: Did you understand what I said? tit. STEFFEN: Yes, I did. Int. WAGNER: Is there anything today that interferes with ar clouds your ability to understand what I said to the Master? MR. BTEFFEN: No. MR. WAGNER: Knowing what I just said to the Master and knowing that the Master indicated ghat the terms that I have dictated constitute an agreement between you and your wife, forever foreclosing all issues as between you and her, except for the breach of the agreement or as we talked, child stapport or custody, is it your intent and do you desire to have this agreement entered between the parties? MR. BTEFFEN: Yes, it is. MR. WAGNER: Do you have any questions? MR. BTEFFEN: No questions. MR. EBPOSITO: Now, Mrs. Steffen, have you been present and have you listened to the terms of the agreement as recited by Mr. Wagner? M3. 3TEFFEN: Yes, I have. MR. ESPOBITO: Did you understand all of the terms as recited by Mr. Wagner? MS. BTEFFEN: Yes, I have. MR. ESPOSITO: Are you under the influence of alcohol or any drugs, be it prescription or otherwise, which would prevent you from understanding those terms today? Ms. 3TEFFEN: No, I am not. MR. ESPOBITO: Is there any other reason of I 1 1 • , ~ I • which you are aware which would prevent you from understanding what you have heard today from Mr. Wagner? MB. BTEFFEN: No, there is not. MR. EBPOBITO: Now, with that. - - with those responses, is it your intention to have those terms as recited constitute a final, comprehensive, and binding agreement upon both you and Mr. Steffen? MB. BTEFFEN: Yes. And that did include that he has no claims to my home? MR. EBPOSITO: Yes. I think that was very clear that that was part of the terms recited by counsel. M8. BTEFFEN: Okay. MR. EBPOBITO: You understand that this is a final agreement] that is, that it is forever binding upon you with respect to the issues which were included in the recitation and that it does not include child support and the issues that are related to that, including child care and medical expenses and private school tuition? MS. BTEFFEN: Yes, I do. MR. EBPOBITO: You understand that that is a separate matter'? MB. BTEFFEN: Yes, I do. MR. EBPOBITO: Do you have any questions about anything that was recited here today and which has been made a part of the record? ..4.n MB. BTEFFEN: No, T don't, MR. EBPOBITO: Are you certain of that? MB. BTEFFEN: Yes, I am. I acknowledge that I have read the above stipulation and agreement, that I understand th.e terms of settlement as set forth herein, and that by signing below L ratify and affirm the agreert:ent previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and sub;ecti.ng myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNEBB: DATE: ~__ p L ~ k ~ P. and Wagner Thomas E effen ttorney for Plaintiff Paul J. Es osito ~ ral M. 8 e n Attorney or Defendant THOMAS E. STEF'FEN, IN 1'HE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANLI Plaintiff; v. GERALYN M. STEEPEN, NO: 5092 CIVIL. 1994 CIVIL ACTION -LAW IN DIVORCE Defendant. ~~jPE'I'O 7'RANSMI7' 7'HF. RECORD TO THE PROTHONOTARY TRANS~11T the record, together with the tblluwing information, to the Court for entry of a Divorce Decree: I. Ground for divorce. irretrievable breakdown under Section 3301(c) , 33~d) of the Divorce Code. (Strike nut inapplicable section.) ~~ \\ 2. Date and manner of xervice ot'the Complaint: 9/ 19/94 -certified mail, restricted delivery, return receipt requested. 3 (Complete either paragraph (a) or (b): (e) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff'. 06/ 19/OU By Defendant: 06/ 19/00 (b) (I) Date of Execution ot'the Plaintiff's ARidavit required Section 3301(d) ofthe Divorce Code: (2) Date ot'service of the Plaintiff's Affidavit unto the Defendant: 4. Related claims pending: None 5. Indicate date and manner ot'service ot'the Notice of Intention to File Praecipe to Transmit the Record, and attach a copy of said Notice under Section 3301(d) (I)(i) ot'the Divorce Code: % ` ~ ~1 P. Ricltartl~YNgner, Esq .-.----- Attorney for Plaintiff' I I i ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~. '+• UI r ~ ~ .~ r, '.'~ i ~i ~ I ~/ ~.~I i C li~l~~ ~J (~ b: 1, ~ l) 1..~ r I i ~ ~ i ~ i I 1 ~ I ~ i i ~ I ~~ ~ 1 r I ~~ ~ I ~. ~ ~ ~ ~ ' i i I ~ 1 ~ ~. ~ i ~ i ~ i ' ~ ~ i ~ .i ~ 1 i i ~ ~ I i i i ' I M ~. ~ ~~ v ' i n THOMAS E. STEFFEN, Plaintiff vs. GERALYN M. STEEPEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO/UNTY, PENNSYLVANIA NO. ~ ~ ~~ ' J ~ 7 ~ C'~A .{,1.~ ~. ,~ ~VYL~ CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT, 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 or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. 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 SttOULD 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. COURT ADMINISTRATOR 4'PH FLOOR - CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-67.00 ., . THOMAS E. STEFFEN, Plaintiff vs. GERALYN M. STEFFEN, Defendant t IN THE COURT OF COMMON PLEAB t CUMBERLAND COUNTY, PENNSYLVANIA t t NO. t CIVIL ACTION - LAW t t IN DIVORCE Thomas M. Steffen, being duly sworn according to law, deposes and saysc 1. I have been advised of the availability of marriage aounseling 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in the 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 le Pa. C.S. Section 4904, relating to uneworn falsification to authorities. 1 t THOMAS E. STEEPEN, Plaintiff vs. GERALYN M. STEEPEN, Defendant IN THE COURT OF COMMON PLEA6 CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN bIVORCE CUMPLAIN7' UNDER SECT~ON_3301 ' OF THE DIVORCE CODE 1. Plaintiff is Thomas E. Steffen, who cv.rrently resides at 432 Lamp Poet Lane, Camp Hill, Cumberland County, Pennsylvania 17013. '~ 2. Defendant is Geralyn M. Steffen, who currently resides at 432 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17013 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on October 31, 1981 in Philadelphia, Pennsylvania. 5. Defendant is not 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. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is nveilnble and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I. REQUEST FOR A FAULT DIVORCE ttxntrR SECTION 3301(a1(bl OF THE DIVORCE COpE e. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. Defendant has offered such indignities to Plaintiff, ~~; who is the innocent and injured spouse, as to render Plaintiff s condition intolerable and life burdensome. 10. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(a)(b) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c1 OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. 13. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff. believes that Defendant may aJ.so file such an affidavit. WHEREFORE, if both Parties file nffidnvits consenting to n divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to 6ection 3301(c) of the Divorce Code. COUNT III. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301jd) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint nre incorporated herein by reference thereto. 15. The marriage of the Parties is irretrievably broken. 16. The parties are living separate and apart and et the appropriate time, Plaintiff will submit an affidavit alleging thnt ' the Parties have lived separate and apart for at least two years ns specified in Section 3301(d) of the Civorce Code. COUNT IV. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3323. 3501. 3502 and 3503 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion ns the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter nn order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT V. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE 6ECREE UNDER SECTION 3104 OF THE DIVORCE CODE 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 21. While no settlement has been reached ne of the dote of the filing of this Complaint, Plaintiff is and hne always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 22. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorpornte euah 'agreement in the final divorce decree. BYt 130 Walnut Stroet Harrieburq, PA 17110 (717) 238-2200 ID N17441 ATTORNEY FOR PLAINTIFF Date ~,.. r VERIFICl~TION Plaintiff, Thomas F. Steffen, verifies that the statements mode in this Corhplaint In Divorce nre true and correct. Plaintiff understnnds that false statements herein are mode subject to the penalties of 18 Pa. C.S. Section 4904, relnting to unsworn feleification to euthoritiea. A , ~^ Datet___-~ . i -~ ' ~, ~. ~ i i i i i i ~ ~ ~~ ~ ,~ w.. .~~• ~ ~ ~ _^ i7 ~~, (. . ` V.• ~ ~ ~\ ('` , ~ ~ ~ ~.,.1 v J I ' - i 'i ~ ~ ~ ~ i,, I i ~ ' i ' ~ r . THOMA6 E. 6TEFFEN, Plaintiff vs. GERALYN M. 6TEFFEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 5092 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Edward J. Weintraub, Esquire, do hereby certify that on the ~~d~ of September 1994, I served a true and correct copy of the Complaint For Divorce upon Defendant by depositing same in the United States Mail, Harrisburg, Pennsylvania, Certified Mail/Return Receipt Requested, addressed as follows: Attn: Geralyn M. Steffen White Deer Run P. O. Box 97 Devitt Camp Road Allenwood, PA 17810 -- --- ~ ~ --~_ - ~ Edward J. Weintraub, Esquire 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 ID1-17441 Counsel for Plaintiff ,, '. I ~ i ~ I ~ ~ i. ~ ~. ' ~ ~ i 1' ~ 1 ~ i i i ~ I i i ~ ~ li 1 i i ~ ~ I ' ~ ' i , ' I ~ i i ~ ~ I ~ i ' ~ I i ' i i i 1 i i li ' I I i i. ii ' r ' i ' ~_}r- I ~ N L:~ CI f Yr }I~ I i I r ~ ~ , ~, ..-. i Wy c 4, i ~ ' ~ i .. '. ~, ~~ ~ ~ i ;. ~i i i~ i ~ ~ ' ., 1 i ~~ i .-L4Y r. rs. .... . THOMAS E. STEEPEN, " IN THE COURT OF COMMON PLEAS PlelntHf, " CUMBERLANDCOUNTY,PENNBYLVANIA r va. " No. 94.6092 " QERALYN M. STEEPEN, " CIVIL ACTION LAW Defendant IN DIVORCE PRAECIPE FOR WITHDRAW OF p,PPEARANCE Please withdrew rtiy appearance on behalf of Plaintiff, Thomas E. Steffen, in the above captioned matter without prejudice. Date, ! S" ~~ ~~---~~_ Edward J. Weintraub, Please enter my appearance on behalf of Plaintiff, Thomas E. Steffen, in the above captioned matter. ._-- ~_.. Date, ~ ~~ i~r~/ <_ enner, Esquire ~i i ~ i i ~ ~. i ~ ' t I ~ ~~ lV ~; ~ ~, i ~ i ~^ ! )~ ~~, al }: i . I L `r 7 , ' .i u. u. v i m cT w' ~ ' tj ~, i i i r ~ ~~ THOMAS E. STF.FFEN, t IN THF. COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 94-5092 CIVIL TERM GERALYN M. STEEPEN, :CIVIL ACTION -LAW Defendant : IN UIVORCk: PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the uppenrance of Clark L.aw Associates. P.C, and Lawrence F. Clark, Jr„ Esquire, and enter the appearance of Goldberg, Katzman & Shipman, P.C, and Paul J. Esposito, E.:squire, in behalf of Geralyn M. Steffen. Defendant in the above-captioned action. CLARK LAW ASSOCIATES, P.C. WRF.NCE F. CLARK. JR., Ei Post Office Eiox 555 Hershey. PA 17033-0555 COLDBERU, KATZMAN & SHIPMAN, P.C. By: (t~~% ~~ ~ ~,~; PAUL .{: ESPIJSITO. EsSQL'IRE 320 Market street Post Ofticc i3ox 1268 Harrisburg. PA 17108-1268 Supreme Court IU k25454 Attorneys for Defendant 9i~E1f41n~,~I~iG1111'iuI '@a 1 ~ ~ ~i.,i~f ~: f ...? ~ ~~ ti~i, ~' ,. :, ' ~ '~ :~ .. „ 44~ h .~~' ~~ i V i ~ i _! ,~ t ' i .~ I • ~ i r'M ~:~ ~ i r 1 i. ~ ~ ' ~ I - i ~ i 1 ~. ~ ' ~ I i r ~ Ii i .i ~ it 1l i., '.. i i ~ i I 1 I ~ ~ ~ i 1 . ~ ' ~. i i ~ ~ ' i ~ ~ i I ! I ~ ~ r ' ~ I i i ~ i~ ~ ~ ~ ~ ~ I. i i ' 1 i ~ ~ ~ ~ .. ~ ' ' ~ I ~ i ~ i ~ ~ r ' ' i ~ ~ i ~~ !~ THOMAS E. STEEPEN, t e Plaintiff, o v. : GERALYN M. STEEPEN, : t Defendant. : IN THE COURT OF COMMON PLEAS CUMQERLAND COUNTY, PENNSYLVANIA NO. 5092 CIVIL 1994 CIVIL ACTION - LAW IN DIVORCE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER HERSHEY & TULLY, do hereby certify that on this date a copy of the COMPLAINT IN DIVORCE was served upon the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania. Rules of Civil Procedure, by depositing the same in the United States mail, Harrisburg, Pennsylvania, certified, restricted delivery, return receipt requested, and addressed as follows: Ms. Geralyn M. Steffen White Deer Run P.O. Box 97 Devitt Camp Road Allenwood, PA 17810 pebra K, Spinne Secretary MANCKE, WAGNER, HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Plaintiff DATE: 09/19/94 ' P 147 335 175 ReocEF: far Certified Mail Nu Innu!dnrn Cnv,v dfl!! Provo6:d •:^rllFYi,.• IL,! nn! nor I•u Inlian.tl., qr,d Mwl _.Geralyn Steffen _ Whfte Deer-Run _ P;P. Sox 97 -- ,_Devitt Cem_p Road Allenwood 18 ~0 --" .--- __- _ -_ _ U- ..• ~ - 7 r~~ d ~r 1, !~,. i, i r. V l `v+ 9/16/94 •~ w ~ Div Compt p,eII".C; eY~... ..... .. I .~ i e°n~IN• ~~irw ~, i a q~~ • I~Yn t'NM n11M •M •ddl•M 1.11•• IIM• tMd t• 1MY. ~ Atgdl tl!1• Min to tM M1•n 4•• •ot NrMk. rf~ I ~fw wl•A to woMw qr ' foNOWNq NfIIIRN Ifor M ~%b~ 1W 6M fMl: w•a• 1, ^ Addroo~'~ AddrN• •niini0i Z. O RMMOnd OWwry I qr a•u Conwk tm qr for fw. 4r1. ArtkN NumWr P 147 335 952 . 4 , f1Mvlq Typo O Ropl•t•nd O Intwra ^ Cordflod O C170 ^ Expn•• MNI ~ RNwn Roellipt for Msrolundu 7. Doto of Ddlwry ~' - q-i9-q~1 _ _, ~ ~ 1 ~ i I ~ i i I I ~ i i r I f ~~ 1 r I i r ' ~ ~ i i ~ I ~ ' ~ ~ I ~ ~ ' i i ~~ 1, F, ^` ~~ ,i. ~ P: n. _iw i ' Ali 1 ::~.~ ~ ' ~~ ' ~ ~ ~ ' ~ ~ ~ .. i ' ~ ~ ~~ ~ ~~ ~ ~ ~ ~a c~ ~' ~ i ', r THOMAB E. l4TEFFEN, Plnintiff, v. GERALYN M. BTEFFEN, Defendant. IN THE COURT OF COMMON PLEAB CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5092 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFFS AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this nction separated in August of 1995, and have continued to live separate and apart for a period of at least two (2) continuous years. 2. The marriage is irretrievably broken. 3. I understand that i may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit era true and correct. I understand that false statements herein are made subject to the penalties of 18 P .C.S. section 4904 relating to unsworn falsification to authorities,. ~ s E. DATE: ~ ~ ~' ~~~ 1 .. i. 1 1 ' 1~ ~. '. r ~ i ' ~ ~ I , r.~ f , ~ , i I ' i i I r , , , ~ it , ~ , ~i r 1~ I ' ~ ~ ~ ~ I , ~``~II ~, ~ 1 ~~ ' i.: .ry ~ i , (.';- ~ ~7 .'ill p ~. ~. wr' , 1. ~ :=; ~ ~r,i 1111 i 11 ,,.. Li'1 1 r ~. i ~ i._ i ' '. ~. I i i ~ ~. i. i 1 i i i ~ ~ r ' i ~ I ~ ~ ~ 1 ~ ~ ~ 1 ~ I ~ i i i i I i ~ .i 1 , , ~ i i ~ r ~~ i 1 ~ - 1~ ' ~ i , ~ i r i I 1 IN THE COURT OF COMMON PLEAB CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5092 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER $~,CTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): THONAB E. BTEFFEN, t t Pleinttlt, : V. t : GERALYN M. BTEFFEN, t Defendant. ( ) (a) (x) (b) ( ) (i) i do not oppose the entry of n divorce decree. I oppose the entry of a divorce decree because (Check (i) or (ii), or both): The parties to this action have not lived separate and apart for a period of at least two years. ( ) (ii) The marriage is not irretrf.evably broken. (X) (iii) Defendant opposes the entry of a divorce decree until the conomic claims have been resolved. 2. Check either (a) or (b): ( ) (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's Lees or expenses iP I do not claim them before a divorce is granted. (x) (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. r ~ ~ ~ ~ ~ I I verify that the statements made in this Counter- Atfidnvit ar• true and correct. I understand thnt false statements herein are made subject to the penalties o! 18 Pe.C.B. Beation 4904 relntinq to unsworn fel'sificntion to authorities. '~, C, ,Q. GerAl M. B effe--r~ DATE t ~// ~ - ~.~....,, L-;r-~ i llnr r , I ~. I. ~ i ~ ~. I i . i , I c' ~ F ; ~ , ' ' ~!~~ 1 i ' ~. 1 i i ' i i i ' I ~. i r " r ~ ~ i . i I THOMAS,E. 3TEFFEN, : t Plaintiff, : V. ~ t GERALYN M. STEEPEN, , : Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5092 CIVIL ACTION - LAW IN UIVORCE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 9, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (9U) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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 : "J ~,.N'/ (/'~ _ Thomas ~ 'en i i ~ I I i ~ i ~ 1 i 1 I I i I i ~ ' 1 i I i . 1 i ~ i i ~ I i I i ' ' iI ' 'li ~ 1) F.~ i .~ Vii; .., ~. 1. ~ i 1:1: ~ 1 .. fti i I '~i~l ~. i ` Illii» '.i C.1 ~ ' i ' ~i ~ ~ 1 f ~ ~ ~ ~ ~ . i. ~ , ' ' ' . . THOMAS E. 3TEFFEN, v. Plaintiff, OERALYN M. STEEPEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA t : NO. 5092 CIVIL 1994 : : CIVIL ACTION - LAW : IN DIVORCE 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, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~ s E. DATE:-~~_ ~. ' i ~ ~ I i ~ 1 'li ~~ I .'.'.+ ., i '..I , '' ~. ~~~ .. ... ' Fi r ~ ~ ~ ' ~ 'ia ~ :.1 ' ~ i~~J •r i~ ' ~ ~ ~~ ~ ~ ~ , ' ~ I' . i' ' ~ i ~ ~ I ~ i ~ I I I . .. THOMAS E. S`fEFFEN, Plaintiff v. GERALYN M.STEFFEN, Defendant . ,~ , : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - .5092 CIVIL CIVIL ACTION -LAW iN DIVORCE 1. A Complaint in Divorce under ¢ 3301(c) of the Divorce Code was filed on September 9, 1944. 2. The marriage of Plaintiff and Defendant is irretrievably broken and Winery (90) days have elapsed from the date of filing and service of the Complaint. 3. [ consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. S. I acknowledge that [ received a copy of the Complaint in Divorce on or about September 19, 1994. I verify that the statements made in this Affidavit are true and corcect. 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: ~~~ ~OllU GERAL N .S ~FFEN I . I ' I i 1 I ' I ~ i I I i I r I I , ~ I i ~' II I I I . ~, i i i ' i I ~ I I I ~ i ~ I' i I I ~. i .. I i. ~,~ I I 1: 1 i ~ I I . ~ r ~, 1' ~ I ~ . ~ ~ ~ .1.. ~• I ~{ illl. y 1 ~ ' ' / ~ ~ I I I i _ . i ~ , ~~ I ~ ~ ~, . ~ ' I ,.I ' i ~ I r ~ . i I ~. I i I 4 ' I I I ~ ' I ~ ~ I ~ i ~ ~ I I i I ~ i ~ ~ ~. i ' ~ i 1 • • ' 1 •. • , 1' THOMAS E, STEFFEN, Plaintiff v. GERALYN M.STEFFEN, Defendant I IN THE COURT OP COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 3092 CIVIL CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CQDE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. i" Date: , a ~Vjtt ~y ~~_ G Y M. STE . 'E i ~~ . i i ~ i ~ ~ .~ ~ i _ i i ' ~ ~ ' , ' ~ i i i ~ i ~ ~ ~ i ~. ~~~) i I,. r i a. „~k .t ~., i •~; .~ , ~ .~ ~,.i ,' ~~~: ,. ,~ ' ' ;, ,~ ' I , ;, ~' ~ , ~. ~ ' ~ i ~ ' i i ' i ~ I i ~ ' ~ ~ I ~ i , w THOMAS E. STEEPEN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V, GERALYN M, STEEPEN, DEFENDANT : 84-6092 CIVIL TERM 1N~;~RTIAL AGREEMENT QRDER OF COURT AND NOW, this zyL- day of Mey, 2000, IT IS ORDERED that plaintiff may enforce a binding partial settlement of the distribution of the parties' personal property, jointly owned bonds end the net proceeds from the sale of their marital residence. By the Court, ~ , P. Richard Wagner, Esquire For Plaintiff Paul J. Esposito, Esquire For Defendant Robert Elicker, Esquire Divorce Master Rickie Shadday, DRO Edgar B. Bayley, ~ip.u.r~ R K"~ i :saa ~. l~;i~~i , i i1t ~~ ~ '. l.i , r ~ ~_,'r ' i ~ ~ , i ii ~ i ~, ~ , ~, , ~ r~ ~ _ ~ ~ u i ~ ~ 1 i ~ i ~ . ~ I ~ i r ~ ~ ~ ~ i i i i i i i ~ i i ~ ~ ' ~ ~ I i ~ i I i r I , r I ,. i ~ i ~ ~ i I ' ~ , ~. i ~ I !' i , ~ i i ' i r ~ ~ „ f' l ~ THOMAS E. STEEPEN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V, GERALYN M,STEFFEN, DEFENDANT :94.6082 CIVIL TERM OPINION AND ORDER OF COQ Bayley, J., May 24, 2000:-- Plaintiff, Thomas E, Steffen, age 44, and defendant, Garalyn M. Steffen, age 42, were married an October 3, 1981, They have two children, Kathryn, age 10, and Michael, age 8, who Ifve with wife, Husband Is a captain in the United States Navy assigned at the Naval Inventory Control Point In Mechanicsburg. Wife Is an assistant pricing coordinator for Giant Foods, Husband instituted this divorce action on September 9, 1994, right after the parties separated, Wife filed a complaint for child support on March 20, 2000, and for alimony pendente life on April 3, 2000, the disposition of which are pending. The parties' economic dispute is ready for a hearing before a divorce master. Husband maintains that he and his wife entered into an oral agreement in partial settlement of their economic affairs. A hearing was conducted on May 22, 2000, on his claim to enforce that partial settlement. The same principles of law applicable to analyzing the validity of a postnuptial 94-6092 CIVIL TERM agreement ere applicable to prenuptial agreements, Ad~me v. Ad~me, 414 Pe. Super. 834 (1992). When such agreements ere entered into without fraud, misrepresentation or distress, end are based on full end fair disclosure of financial positions, they ere enforceable. 3lmeone v. Simeone, 625 Pe, 392 (1990), The reasonableness of such agreements and the general knowledge of the parties are not subject to judicial review. Id. Such agreements may be entered into orally; however, when oral they must be proven by clear and convincing evidence. In re Moore's Eetate, 439 Pa. 678 (1970). In the summer of 1996, well after husband filed for a divorce and at a time when both parties were represented by counsel, they sought the services of a clinical psychologist to mediate a child custody dispute. They also entered into mediation with the psychologist regarding their economic affairs. The parties reached a written agreement regarding custody, Wffe had become an alcoholic for which she received considerable treatment and for a period of time the children lived with husband.' Husband testified that in their joint discussions of their economic affairs with the psychologist they reviewed all of their marital assets and debt. Both of them were aware of the value of the assets except the value of husband's military pension end wife's civil service pension.' Husband paid en actuary to value both pensions. The ' From what we can discern wife is now doing well. ' Wife was an executive secretary with the federal government for whom ahe worked for eighteen years. She took early retirement and on February 13, 1998, she received her retirement benefits in a lump sum of $18,341. -2- 94.6092 CIVIL TERM report of the actuary was provided to both parties. Husband testified that In the fall of 1996, as a result of mediation, he end his wife entered into an oral agreement that (1) they would sell their Jointly owned marital residence, which was sold In March, 1997, with the net proceeds of about $18,000 divided equally; (2) they would distribute their personal property which was done to their satisfaction; (3) they would distribute their marital saving bonds, which was done to the satisfaction of each;' (4) he would assume joint credit card debt of approximately $15,000, which he did; (5) he would pay wife's substantial unreimbursed medical expenses, which he did; (8) he would pay wife spousal support of $800 per month for three years commencing in January, 1996, for which wife waived all rights to alimony and further support, and that he paid wife $800 each month .or three years between January, 1996 and December, 1998;' and (7) they would equally divide the marital portion of their pensions. The report of the actuary set forth two methods whereby wife could receive her share of husband's pension. Wife did not choose either of the two methods which husband maintains is the only issue to be decided by the divorce master. Husband testified that he also orally agreed to pay wife $900 per month in child support. When she had the children he voluntarily paid her that amount, ' Husband also delivered to wife saving bonds which she owned prior to their marriage. ' Husband testified that he did not believe he was entitled to take a tax deduction for the spousal support, so he did not, and wife did not claim the support on her separate tax returns. -3- 94-6082 CIVIL TERM later increasing it to $1,200 per month, and to $1,360 per month when he was promoted to captain in October, 1899. Wife testified that she never agreed to a comprehensive economic settlement whereby she waived her statutory rights to spousal support, alimony pendente Ilte, alimony end the equitable distribution of marital property. She testified that she needed spousal support, asked her husband to voluntarily provide her assistance, end that he dictated the terms at $800 a month for three years. When she moved into an apartment husband sent a statement to her landlord that he would be paying her $800 a month for three years. This assistance was necessary for her to meet the financial requirements to rent the apartment. Wife testified that there was no agreement regarding the distribution of their pensions. One of her requirements that she discussed with husband, and which he refused to do, was for him to opt for a survivor benefit annuity, and provide her life insurance in order to protect her and the children should he die. Husband testified that he and his wife never discussed a survivor benefit annuity or life insurance. When they were still in mediation the psychologist prepared a written memorandum of understanding regarding economic issues but neither party signed the document, Wife testified that she met with her lawyer in December, 1995, and instructed him to try to negotiate an acceptable property settlement agreement. On May 18, 1998, a half year after husband maintains that he and w(fe had an oral partial settlement agreement that resolved almost all economic issues, his attorney wrote to -4- 84.6092 CIVIL TERM the attorney for wife: I trust that Lynn has shared with you the custody agreement mediated by Arnie Sheinvold. Please incorporate it Into a Stipulation with any other provisions Lynn wants end send it to me for Tom's review, Arnie is also helping them resolve their economic Issues. I will be meeting with Tom June 4, 1996 and will thereafter send you a draft Marital Settlement Agreement. I understand that the parties have hired Harry Lefster to do a QualHied Domestic Relations Order. The attorneys exchanged numerous drafts of property settlement agreements none of which the parties signed. We ere satisfied by the clear end convincing evidence that the parties entered into an oral partial settlement, which they implemented, regarding the distribution of their personal property, jointly owned bonds and the net proceeds from the sale of their marital residence, We are not satisfied by clear end convincing evidence that this partial settlement involved their respective pensions or a waiver by wife of her statutory rights regarding spousal support, alimony pendente life, alimony and counsel fees and costs. Husband's laudatory voluntary payments of substantial spousal support and child support was satisfactory to wife at the time but that does not preclude her from proceeding on her current complaint for alimony pendente lite.° There remains before' the master a resolution of the equitable distribution of the pensions of both of the parties, w(fe's collateral claims, and her claim for alimony, counsel fees and costs. That Wife's complaint seeking child support can proceed as parents may not limit the amount of support that should be paid in the best interest of children. Knorr v. Knorr, 527 Pa. 83 (1991). -5- g4-6082 CIVIL TERM is not to say, however, that whet the parties have resolved with respect to some of their property, end what husband has voluntarily paid during their lengthy separation, including his payment of substantial marital debt, will not have a bearing on the outcome of their economic Iftlgatfon. For ttie foregoing reasons, the following order Is entered. ORDER OF COURT AND NOW, this 2u~- _day of May, 2000, IT IS ORDERED that plefntitf may enforce a binding partial settlement of the distribution of the parties' personal property, jointly owned bonds and the net proceeds from the sale of their marital residence. By the Court, ~~.~ ~ Edgar B. Bayley, J. P, Richard Wagner, Esquire For Plaintiff Paul J. Esposito, Esquire For Defendant Robert Elicker, Esquire Divorce Master Rickie Shadday, DRO ;sea -S- -, THOMA6 E. STEEPEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. , GERALYN M. STEEPEN, DEFENDANT :94.6092 CIVIL TERM IN RE' MARTIAL AGREEMENT ODDER OF COURT AND NOW, this zy~- day of Mey, 2000, IT IS ORDERED that plaintiff may enforce a binding partial settlement of the distribution of the pertles' personal property, jointly owned bonds and the net proceeds from the sale of their marital residence, By the Court, ,~ Edgar B. Bayley, P. Richard Wagner, Esquire For Plaintiff Paul J. Esposito, Esquire For Defendant Robert Eticker, Esquire Di ce Master Rickie Shadday, DRO :saa r THOMAS E. STEEPEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V, GERALYN M, STEEPEN, DEFENDANT fl4-5092 CIVIL TERM IN RE: MARTIAL,a4K3REEMENT ~7~•]~~?L•17~ ~71~~ OPINIOfI AND ORDER OF COURT Baylsy, J., May 24, 2000:-- PlaintlH, Thomas E, Steffen, age 44, and defendant, Geralyn M. Steffen, age 42, were married on October 3, 1981. They have two children, Kathryn, age 10, and Michael, age 8, who live with wife. Husband is a captain in the United States Navy assigned at the Naval Inventory Control Point in Mechanicsburg, Wife is an assistant pricing coordinator for Giant Foods. Husband instituted this divorce action on September 9, 1994, right after the parties separated. Wife filed a complaint for child support on March 20, 2000, and for alimony pendente life on April 3, 2000, the disposition of which are pending. The parties' economic dispute is ready for a hearing before a divorce master. Husband maintains that he and his wife entered into an oral agreement In partial settlement of their economic aNairs. A hearing was conducted on May 22, 2000, on his claim to enforce that partial settlement. The same principles of law applicable to analyzing the validity of a postnuptial 94.6092 CIVIL TERM agreement are applicable to prenuptial agreements. Adams v. Adema, 414 Po, Super, 834 (1992). When such agreements ere entered Into without fraud, misrepresentation or distress, end are based on full end fair disclosure of financial positions, they ere enforceable, Simeone v, 3imeone, 626 Pa. 392 (1990), The reasonableness of such agreements and the general knowledge or the parties ere not subject to judicial review, Id. Such agreements may be entered into orally; however, when oral they must be proven by clear and convincing evidence, In re Moore's Estate, 439 Pa, 678 (1970). In the summer of 1995, well after husband filed for a divorce end at a t(me when both parties were represented by counsel, they sought the services of a clinical psychologist to mediate a child custody dispute. They also entered into mediation with the psychologist regarding their economic affairs. The parties reached a written agreement regarding custody. Wife had become an alcoholic for which she received considerable treatment and for a period of time the children lived with husband.' Husband testified that in their Joint discussions of their economic affairs with the psychologist they reviewed all of their marital assets and debt. Both of them were aware of the value of the assets except the value of husband's military pension and wife's civil service pension.' Husband paid an actuary to value both pensions. The ' From what we can discern wife is now doing well. ' Wife was an executive secretary with the federal government for whom she worked for eighteen years. She took early retirement and on February 13, 1998, she received her retirement benefits in a lump sum of $18,341. -2- 94-6092 CIVIL TERM report of the actuary was provided to both parties. Husband testified that in the tall of 1996, es a result of mediation, he end his wife entered Into an oral agreement that (1) they would sell their jointly owned marital residence, which was sold in March, 1997, with the net proceeds of about $18,000 divided equally; (2) they would distribute their personal property which was done to their satisfaction; (3) they would distribute their marital saving bonds, which was done to the satisfaction of each;' (4) he would assume joint credit card debt of approximately $16,000, which he did; (6) he would pay wife's substantial unreimbursed medical expenses, which he did; (8) he would pay wife spousal support of $800 per month for three years commencing in January, 1996, for which wife waived all rights to alimony and further support, and that he paid wife $800 each month for three years between January, 1998 and December, 1998;" and (7) they would equally divide the marital portion of their pensions. The report of the actuary set forth two methods whereby wife could receive her share of husband's pension. Wife did not choose either of the two methods which husband maintains is the only issue to be decided by the divorce master. Husband testified that he also orally agreed to pay wife $900 per month in child support. When she had the children he voluntarily paid her that amount, ' Husband also delivered to wife saving bonds which she owned prior to their marriage. ' Husband testified that he did not believe he was entitled to take a tax deduction for the spousal support, so he did not, and wife did not claim the support on her separate tax returns. -3- 84.6092 CIVIL TERM later increasing it to $1,200 per month, end to $1,360 per month when he was promoted to captain Di October, 1999. Wife testified that she never agreed to a comprehensive economic settlement whereby she waived her statutory rights to spousal support, alimony pendente life, alimony and the equitable distribution of marital property. She testified that she needed spousal support, asked her husband to voluntar(ly provide her assistance, end that he dictated the terms at $800 a month for three years. When she moved into an apartment husband sent a statement to her landlord that he would be paying her $800 a month for three years. This assistance was necessary for her to meet the financial requirements to rent the apartment. Wife testified that there was no agreement regarding the distribution of their pensions. One of her requirements that she discussed with husband, and which he refused to do, was for trim to opt for a survivor benefit annuity, and provide her life insurance in order to protect her and the children should he die. Husband testified that he and his wife never discussed a survivor benefit annuity or life insurance. When they were still in mediation the psychologist prepared a written memorandum of understanding regarding economic issues but neither party signed the document. Wife testified that she met with her lawyer in December, 1995, and instructed him to try to negotiate an acceptable property settlement agreement. On May 16, 1996, a half year after husband maintains that he and wife had an oral partial settlement agreement that resolved almost all economic issues, his attorney wrote to -4- 84-6092 CIVIL TERM the attorney for wife: I trust that Lynn has shared with you the custody agreement mediated by Arnie Sheinvold, Please incorporate it into a Stipulation with any other provisions Lynn wants and sond it to me for Tom's review. Arnie Is also helping them resolve their economic issues. I will be meeting with Tom June 4, 1996 end will thereafter send you a draft Marital Settlement Agreement. I understand that the parties have hired Harry Lefster to do e Qualified Domestic Relations Order. The attorneys exchanged numerous drafts of property settlement agreements none of which the parties signed. We ere satisfied by the clear and convincing evidence that the parties entered into an oral partial settlement, which they implemented, regarding the distribution of their personal property, jointly owned bonds and the net proceeds from the sale of their marital residence. We are not satisfied by clear and convincing evidence that this partial settlement involved their respective pensions or a waiver by wife of her statutory rights regarding spousal support, alimony pendente life, alimony and counsel tees and costs. Husband's laudatory voluntary payments of substantial spousal support and child support was satisfactory to wife at the time but that does not preclude her from proceeding on her current complaint for alimony pendente life." There remains before the master a resolution of the equitable distribution of the pensions of both of the parties, wife's collateral claims, and her claim for alimony, counsel fees and costs. That ° Wife's complaint seeking child support can proceed as parents may not limit the amount of support that should be paid in the best interest of children. Knorr v. Knorr, 527 Pa. 83 (1991). -5- fl4.60fl2 CIVIL TERM Is not to say, however, that what the parties have resolved with respect to some of their property, and what husband has voluntarily paid during their lengthy separation, Including his payment of substantial marital debt, will not have a bearing on the outcome of their economic litigation. For the foregoing reasons, tha following order Is entered, ORDER OF COURT AND NOW, this 2u~- day of May, 2000, IT 13 ORDERED that plaintiff may enforce a binding partial settlement of tha distribution of the parties' personal property, jointly owned bonds and the net proceeds from the sale of their marital residence. ~/ By the Court, Edgar B. Bayley, J, P. Richard Wagner, Esquire For Plaintiff Paul J. Esposito, Esquire For Defendant Robert Elicker, Esquire Divorce Master ; i Rickie Shadday, DRO :saa •g_ ORDERlNOTICE TO WITHHOLD INCOME FOR SUPPORT DICP 94-5092 CIVIL, Qr hilnn.a ~ Ir~b•r'k~do.• Slate [ommonwealth of PennsvlylDjl PK;5E5 Al7lr)1175 ('n./(lly/IhsL nl CUMBERLAND w 29547 Q suo•nJ~•drp~l~•e'N~dn~• Ddle al Ul/ler/NOIIU' U9/09/UU DlCI' 1163 5 1994 O Irnnmab•r hi L•NNi,h, ~• ('Hurl/t: au' NUIIIIIl'I fSee Addendum /nr cau' sumrn,tryl PhCSES 53210215p DR 23331 _ ICI STEEPEN, THOMAS E. Fuq dnl~•r.1\tlld*dib•r • h•~L•,al I Ir. Nnnd.•r Fnq din ~•r~r ILlarnr • kanu• Ia,L r ud, ~111~ DFAS CLEVELANp CENTER _ 19'~-46-71515 ,_ knq dngrrAAuhly ddrr • r`dno• Fny,lntrr/r r iL1 Ir„r'~;rn ial ~~~ unh Muul.•r C,-/0 GARNISHMENT 04E~IONS 8044100517 (nq dnlrVl\'tlhh~ib L•r . Ad~6~•.. IlnpLq rr/1 gdrltur , t a•~• lilrnlitirr PO 60x 998002 rSee Addrndum lw pldinfill nanrr. aumfared N7fh rdcet nn ~rfarhmrnU CLEVELAND OH 4-0199-BUU2 r ud~~dl•rl P.rn•m ~ r\'.urm ~Lrd. f nil. ~n See Addendum for dependent names and birth dates associated with cases on attachment. ORE7ER Ir`'FUNAIA EIOf\': Ibis A an Outer/'valor' to Withhold htcom0 t<u Suppou b,nod upon an oulor h)r wppnrl Irani CUMBERLAND Courmy, Connnonsvcallh al Ponnsylvanut. Hy Idw, Vnu are required tododuq Iheso anuumh nom the above-nanu'd employee's/ubllgor's uuunu' unlll lunhm nonce evcn it the Order/NUncr is not Issued by your Stale. $ _ 0. 00 pPr mnmh in crun'nt support 8 0 . 00 per monlll m pdsbdue support $ 0.00 Per nuvmh nl nu'do,tl support Arrears I 1 weeks or gmau'rl Ayes Q na $ 0.0o Pct nunnh tar genetic h'sl cosh $ __ per month in other tspecilyl for a Iota of S p , 00 pct month to be forwarded to payee below. You do Hat have to vary your pay cycle to be m complianrn with thr wpport order. II your nav cycle dots not match the ordeu'd support payment cycle, use the following 10 determine hrnv nnlc h to withhold: $ 0.94Per weckl)' pay penod. 5 0 . 00 per biweekly pay penod revery Iwo weeksl. $_ 0.00 Per x'numonthly pay poruld usvico a nunmhl. _ $ n . UO Per monthly pay peuocl' ~ ~ , tt J ~~ RE.111 T E.•1 r`'CF I NFOK VLI i 10.A'; ~~-' - '-I `, You must begin svithholdutg no boor than the brst pay period rcnrnng uvt l t 01 workmg days aver Ine Hale or uns Order/NOtico. Send payment within seven 171 working days of the paydarehhuo of wuhL•alding. You are enlidod m tleducl a fee to defray the cost o(withhrldmg. Kotor w rho lases governing the walk st,ne of yrnr employee for the the allowable amount. the total withhold amrunl, and your ter', cannot exceed ''i5",~ nr rho employre's; nbligul's aggregate disposable weekly comings, f or the purpose al Iho limitaunn nn withholdutg, rho following mionnahon is needed 1See It9 on pg. 11. II remiftmg by EF f/f DI, please call Ponnsyh'ania State Collections and Dishunrnumt l nil ISCDlO 6nployer Custonu'r Servoe al 1-H 7'7-G7G-9iN0'or utslnu eons. Make Remittance Payable ln: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSFS MEMBER ID (shown above as the Emplnyce/Obligor's Case fderrfilierl OR SOCIAL SEC'URI1Y NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order:~~~t l0 2om I)RD: R.J. Shadiay xc: deferdan'; Servict• typo M ~ ' r,. BY THE C ~`1 f urm I ~d)lf4 Wurkrr If) 21700 ADDITIONAL INFORMATION i0 EMPLOYERS AND OTHER WIThIHOLDERS ^ II r her Ard yuu ,uI• u•<puu•d u. pwvirh• a ~ Igry , u Ihl, h nm o I yaw r•ngr6 i)'r•I• 1 Puwity \\hthhuldmµ unrL•r Ihl, Onb•r/tilde r• h,I, pronuy Ilv~r any urhr•r Irtl•il prul r•„ under )tdu• LI\1 .Ilpnn,l IhI• ,,unr• nrr unu• Erdlaul 61* h•vu•, in r•Ilr~ I lu•lun• u•I ritrr.d rhi, Indrr hdvr pn~ddy II du•n•.ur• I rdrldl r.n b•vir, u, r•Ib •~ t pb•a,r• ~ ~nu•n I du• u•quI•,nnlt dµr•nr y G,h•d lush Iw 2 Cumhininµ Puynu•nn 1'u.I I un ~ umbinr• wIlhludd ,unuunl, Irum nrlnr• dlun unr• r•mpIIIyI•r•/nhbµur', in. unn• m u ,inµh• p.lynu•ol nI r•,e h uµr•m y n•qur•,tnry; wlrhhl ddulµ )uu nni,r, hlMr~rr, ,rp•u,Irl•Iy idI nhly Ihr• p.nrbm ~.t rhI• +uq;h• puynu•nr thdr H ,Iluihul.lhh• r.. rdr h r•rnpL Iyr•r/I rhhµl n I Rrtx rthnp rhr Pdydurr/I )arr u) 1VUhUrldln{(' \1111 I111IV frlX qr rhr p,l)'d,In•/d.llr III \YllhhrlldVl{; whrll ,r•Ild 1111; rhr paymrnr f hr payd,llr/dJlr rIr Yvuhlu IIdllltj I, rhr (Cllr 111111'hn II ,InUlllllr N'.H Y\'llhhrlrl to Irlr Ihr r•nlhlnyrr\ \Y'.1);r•• Y. nl nnl,l , , ~ngay (ulh Illy law ~ d Ihr ,Idh• ul Ihr• rnyrL ryr•I•'JI ihliµl n', prim ipol pldl r• ut r•ngdrynlrnr ,Y irh n•,pI•I I w rhr• unu• pr•riud, ~, Illnn ,Y hiI h yuu nnnt impL'nu•nl rhr• withhuldul{{ ~ ndrr ,uul r. nw',ud Ihr• ,upp~ m puynu•nn. a ' knyilnyrr/Uhligur with Mulliplr• Suppnn I Il ddinµ, II Ihrl.• I, ne nl• rh.m unr Onh•NNum r• ru \V'Ohhnld In. nnu• brc Supµ nr uµeind Ihi+.•ngrh I)'I•r/I Ihh{;~a ,Ind q~ nl du• unuhh• oI hl nun dll wppllrt Ordl•r/N. m• r•, dw• u~ Irdrr.ll err Sld lr• wdhhl ddul{; limit,, y.IU nul,t h,Ilnw tlu• LIw nt du• ,tuu• nh•ngdllylv'duhliµl.r', pnnl ip.d pl.n r• Id r•ngrlllynlr•m 1'.iu nui,r Ir.nn a .Ill Uuir•niNr dn.•, 6. rhr Ilu•,lu•,r r1,h•rlt pn„Ihh•. ISr•r q4 hldl n\') i. fr•nnuldtom Nulitil dli~ In y'I RI null pn nnplly artily rhr Hwpu•,hnµ Aµrm) ,Ylu•n Ihr• r•ngrb l)rr/nhiµur I, nu lunpr•r ,,, Irl.inµ hIr yuu. Ph•a,r pn Iv idr• Ihr ndinmulbm n•gm•,n•d dad u•uun ,I I Igry .d rhi, Order/Nutil I• lu Ihr Aµr•n. y ub•nrmrd hill nv 1VIfHHOIDER'S11) an~rtntuluo EMPLOYEE'S/OHLIGOR'SNaME STEEPEN, THOMAS E. FAIPLOYFF'S (:ASE IUFNFIFIFR: 8044100512 I).•\fF OF SEP:IRAFION ^ IASF KNUl1'N HOME ADDRFSy _ _- ____._._ NE\V EMPlOy'FR'S NAME/ADDRESS 6. Lump Sum Pdyno•nly ylrtl nLly hr ((guard w n•prrt dad withhldd 6nm lump,um p,rynlrnh ,u. h .i, hnnu,r,, .,nnmi„iun+• ~ ~r wvrfdrp r Illy. II yn11 ILLY( .Illy' (hp•,Ie qH ~Ilx III( hllllp HIIII p.l)'InaI1P, n gll.e I dv prr,un uI durlu Inty hr•h iYv 7. Li.lhdiry: IFynu l;nl u. wnhhldd in. unw d, Ihr• Onlr•riNutiu• din~I r,, yuu .Ire li•Ihh• bIr bulb the .e . wnuLtlrd dnunuu yuu ,huuld have withh.•Id fn nn the r•mpluyrr•/uhlignr', im unu• .Ind ulhr•r pr•nulur•, ,rr by Prnn,yh'uni.l Stdh• Idw Pr•nn,yly.mid )bur I•nv µnvl•rn, unlr+.Ihr• nl+liµur i+ r•mplnyrd in unurhr•r SLUT, in wlril h ..i,r thr• LI\\' I d du• Sttlr• in Yvhi~ h hr ..r ,lu• i, I•nryrluyrd );aural, H. Anti<h,I nmindriure 1'uu ,ur• ,uhjrl r r.I a Iinl• ch•u•nnmral under Sr.tlr LnY rut di,. h,lp;inµ do r•mpluyrr•61hliµur 61 nn wnpluymrnl, ndu,inp u. r•mpll ry', I Ir taking di,. iplmdry d. li. m .Iµuin,t .uly r•ngdl iyr•r4 ~hliq~.r hI•I du,r I It.l ,upp~ nl wirhhl ddinµ. Pr•nn,yh~.uu,l Sl.llr• Idly µnvl•In, unh•„ de• ulrligur I, I•mpL~yr•J ur .murh.•r Sr.ul•, uI YvhII h I d,I• IhI• LI(v I d Ihr Slur in whil h hr .rr,hr• i, (mph Iyrd µI Ivan, 9.' Wnhhuldhlµ l unit,: luu lady nut lYirhhldd nuln• Ih~ul tlu• h•„I•r.a. I I Ihr ,unuunr, alluYYrd by rhr f rdrr,ll Cnnsunu•r Cmdit Pn arr ri. m Ar r 11 i U.SC. § I G7 { Ihl l ; I n ?I the .nnuunN .llh iwrd by Ih.• 5r.in• . d rhr rmpll ryrr•'JI ~hhpl rr', prim ipol plul r• I d r•nrph Iynrrnr. Thr Frdrrdl limit dpplir, oI Ihr• ,Iggl'rg,11r dHpI N,1111r \Yr•rklV ruminµ, IADWH AU\VE i, rhr nr•I in. unu• Irlt .I 1111 nl.lkinµ nl.uuluulry drdle III qt, 1111 h .I,I Sl.llr, Er•tlrhll, L n .II t,l v,, Sn, Id (1rl llflry' 1.1 \r,', JIl(I h)r(I II dlr LI\r, ) U. NOTE: If you or your agent are served wish a copy of this order in the state that issued the or(ler, you arr to follow the lasti of the states that issue(I this order with respect to Ihese items. Requesting ilgency: ht 5 I~REl,9TIONS SECTION P.O. HOk 320 (,;,gtj~_5LF F'A 1701.1 If you or your employee/obligor have any questia)s, contact WAGE ATL\ChIMENT UNIT by telephone at {7t71 2d0•G22~i or by Fr\k at (7t 71 2JO~G2•lH or by Internet Gr) Page 2 0) 2 Form EN~02H Service type M a Wor6er ID 21700 ADDENDUM ~ummarv q( Cael!s pn Akta~hmenl DrfendandOblfgun STEEPEN, THOMAS E. PACSES Ce,r Nunlhrl 4 t'ntl3 t71i PlainliR Nanlr UGRA[,YN M. N't'IIFE'EN 111 rr An.n hmwn Anunun '14-50'13 CIVILb 0.00 Chddurnl', Nanu•h1: pACSkSC,hrNw. nlu•r 5L2to2t54 PIIIIIIIIII Nanll• 'IERAI,YN M. d'I'6F'PRN lLl_Aw AualhnugllAnulunl lllil d I!IVA b O,Oq DOB Clnldlrrnl', Nana-I+I' Mti•IIARI. 'I'. d'CN.F'F'E'N KATHRYN L. dTIdPF6N ^ I(11tr1 krd, yuu an• rrgUilyd hl rnn dl dlr 1 hf1(hrrnl Idrlll l(Ir(I .IkN IVY Ill ,Illy I1rJhl1 IIH1161111r IIIVYLIKr ay,lll.lhlr lhn nlµh lhr rnlpk ryr1.1; nhliµl Ir', rnlph rynuvV. PACSES Ca,r Nunllwr Plaintiff N,nnr (u krl Aual, hmrm Mnnuro b o.oa Chjldlrrnl', Nanu•1,1. DOB ^ I(1 hr1 krd, yl nl .ur rrquirrd u 1 rnnlll Ihr 1 hildlrrnl Idrllll(Ir(I JhnVr IIl filly I1r.111I1 IIHUKIIIIV uWrLIKr JV.IIIJIIIP lhnnlµh lhr rnlPLryrr'Juhliµur', rnlPlnynlrnt. PACSES Caw Numhrr Plaintiff Nanlr Dui~krl Alla1 hlnrlll Al1lnLlllt S 0.00 Childlrrnl', N.nn+•RI' DOB DOB tl7/Dq/Y1 06/16/OY [~1(1 hr1 krd, y1 n1 arr Iryuirrd w rnrull Ihr 1 blldlrrnl Ill1•Ilh(Ird alw wr in any hrahh in,umnl r 1 uvrmµr avaiLlhlr Ihnnlµh Ihr 1•mpbrylrS/nhliµlh', rlllpluyl11rI1L PACSES Ca,r Numhrr PlaiNil(Namr n1 :rt Anal hnlrnt Anulum b tl.tltl Chiidlrrnl', Nanlrl+) DOB ^If (hrl krd, yl nl arY rry LlllY(I 111 rnr1111 IIIr l hlldlrrn) idrmifird ahI Wr in any hrahh in,uranl r I uvrLlµ+• availahlr thnulµll Ihr rmpluyrr',/nhlltil rt', rnlpluy mrlV. PACSES Ca,r Numhrr Plaintiff Nanlr 111 krl tl.ll 1 r It n t b 0.00 Childlrrnl', Namrhl: DOB ^If 1 hr1 krd, y.nl arr rrquirrd ru rnrnll thr. hildlrrnl ^Ik1 hr1 krd, ynu arr rryui rd hl rnnlll tltr rhildlrrnl idrNifird ahl rvr in any hrahh in+uranl r I Irvrraµr availahlr idrnli(ird abovr in any hralt~i in,uram r ruvrnlµr availahlr IhIUIIKh Ihr rlllpll lyrr',/nhh};u/, rnnpll Iy IIIrnL' Ill rI llIKl7 Ihr rnlpb lyrr',/nhllLtl lr'V rI11Pl1ly nlrllr. Addendwn Egrm EN-02H Service Type iN Wtlrker ID 21700 r ~ ,,~ ., ,, ~'~ ~ ,'; i, i;_ ~ ,,~ ~.~ t/ ~ - i i ~I ~: III/' i~ v i`1 i i r ' , ~ ' ~ ~ I ~ i i i I I ~ ~ ~ ' f ' i ' i i i ~ ' ~ i i ~ ~ ' I i ~ ' ' ~ i i ~. i i I. f it 1 i ORDERINOTICE 70 WITtIHOLD INCOME FOR SUPPORT IXtT 94-5092 CNIL stele [ommonwealth of Pennsvlvanla pACSES 417102175 Co.ICity/Dlst. of Ct1MBERLAND p2g547 IMfI 1163 S 1994 Date of Order/NOtlce 08/01/00 pAC5E5 532102154 Court/Case Number (See Addendum for case summary) p23331 Eint.layerAVnhlvddrr'I. ft'dorol EIN Nwnl>„r [)p'A3 CLEVELAND CENTER EmrdayerAVllhlvdAri, NJnu' C~OARNISFfME61T OPERATIONS _ EngdnyrrANllhlndArr'n A~hlmn, RO BOX 998002 _ CLEVELAND OR 44199-4002 Unµmul OnlrrlNnuu' O Mm'ndrd Unlrr/Nuln„ O IrnnlnJlr Unlrr/NUllu ) RE: STEFEEN, THOMAS E. 1 Bnplnyvr/(~)Lliµnr'. NJmr dJ,l, fin(, Mli 195-46-7615 " I Engllnyr,a'l )bliµnr', 5w iJl hn lady Nuntlw•I % / „ 1' 1 I 8014100512 ~ ~~ = i 6nplny.v'/Ubhµnr', ('a.r ldrnlilirr ,. i LSee Addendum tad+lntiH n+mer uaodafed wltA carer on aftacAmenfl <lrlndlJl PJn'I11 ~, NJllh' Ild,l, Fir.l, X16 See Addendum for dependent names and birth dates associated wf-h cases on attachment, ORDER INFORMATION: This is an Order/Notice to Withhold Income (or Support based upon an order for support from Ct1MBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above•named employee's/obligor's income until further notice even if the Order/Nonce is not issued by your State. $ 1, 778.00 per month in current support $ 0. po per month in past-due support Arrears 12 weeks or greater( Qyes ®no $ 0.00 per month in medical support $ 0.00 Per month for genetic test costs $ per month in other (specify) for a lota~~ 1, 778, 0o Per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support paymem cycle, use the following to determine how much to withhold; $ 410.31 per weekly pay period. $ 820.62 per biweekly pay period (every two weeks). $ oe9. oo per semimonthly pay period (twice a month), $ 1.778. ao per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten n0) working days after the date of this Order/Notice. Send payment within seven V) working days of the paydate/date of withholding. Vou are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55"i„ of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the fallowing information is needed (See Ir9 on pg. 2). IE remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit ISCDUI Employer Customer Service at 1.1377.676.9560 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112 /N ADDITION, PAYMENTS MUST INCLUDE THE DEfENDANI'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DA NAT SEND CASH BY MAIL. DRD: RI Shadiay y .., ~ xc: defendant ' ~,y . ~. ,_ ~ ~ `~' Date of Order; A(~uAC 2, 2000 Service Type M BY THE C v~ Q Edgar B. &iyleY JUDCE Form EN-0213 r.,n,•._rr..r..~s, WorkerlD $IATT Igir din LA~~ Ib I ~.r~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ 1(1Tlrr krd y4ll JIr fPGUllyd ro pnrvidr J [ npy of Ihh (non rn your rmplnyrN. 1. Plluriry: Whhhnldlnµ under dds Order/Nuti(N hJY pfl4llly 01'P/ Jlly tllhrr IP11JI IIIUt r5Y 411drr SIJIr 1JW J1IJIIH! dlr sdnle fn[ ume. FrderJl (Jx IBVIrs IIl Nffr[ I hY(nrN fN[ Nlpr OI IIIIY UrdNr I1JYN prlUllly. I(dlt'M ,Ip' FrdPrJl 61x IrVIr4 IIl N((rU pINJSr 1 UIIrJ[ I Ihr fNq UNDIhIg Jµrn[ y lisrrd kwluw. 2. c(1111hhllllg PJyI11N1115: YUU [JII [1111th lli 1 W IIIIIIr I[I JI114UIllM1 flllnl IIL IIN than nnN rmpluyrr/nhliµnr's in<onlr In J 111111Ir pJylllrlll Io rdc h aµrnry requestinµ wirhhnldinµ. YqU 111451, h(1WrYr1, tirF1JIJ1rIy Idrlltity dlr p4rtln1l n(IhP tilllµlP I1.Iy111N111 IhJI IS anrihurahlr tr, rdclt employer/uhliµnr. 3.• RrpnrtinK fhr Paydutr/Daft of Withhoklinµr Ynu moor upon thw pJydalr/dntr of wirhhnldinµ whin s~ndinµ Ihr paym~nl. Thy pnydotddateof withhnMing ie rhr daM nn whi<-h mm~untwas wi[hhe+ld frtnn d,l• ~mplnytrr't wuµ~s. You nwst <unlply with Ihr Iaw of rho StJle Of 111e rI11pI4yNe'S/ghhg(Ir'S prlll(IpJI pIJ(r (1(NIIIpInylllrllr WIIh IPSpr(I In dlr rlmr prrll)d1 W'1111111 W'111<h )'nU Illllsl II11pINl11NIlI Ihr wirhhnldinµ order and forward the supp<m paynlrnrs. 4.' Employer/Obl(µor with Muhlplr Supp(»t Holdinµs; If thrrr is nv,rr than unr Ordra'/Nulit N rn Withhold Inl unlr for Support JKJIIISI Ihh e111plUyee/(1hIIg4r Jlld ynU JIM UIWhIr h) h4114r JII lllppnrr Order/NUII(r5 due tr) FrdrrJl nr SIarN wirhhnldinµ limik, you must hJllow Ilse IJw of the state of rmpluyre's/ohliµnr's prin(ipal pIJ(r o(wnpluynlrnt. You mwt honor all Onlrrs/Nuri(rs In rhr µrratrst extent pussihlr. (See if9 hrlnwl 5. Trrndnatlun Noti(iratinn: Ynu must promptly notify Ihv Rrqurstinµ Aµwu y when thu enlpl4yrr/ohliµnr is nn lunµe+r wurkinµ for yUU. Ph'JSe pr4Vlde Ihr IIl (4r111J1I411 frgUNSlyd Jlld IrrUrll J (Upy Uf 11115 Ordr(/Noh<r 10 Ihr A~rll[y Idrllll fled IwIUW. WITHHOLDER'S ID: sa9).a>caoa EMPLOYEE'S/OBLIGOR'S NAME: STEFFEN, THOMAS E. EMPLOYEE'S CASE IDENTIFIER: 8044100512 _ DATE OF SEPARATION. LAST KNOWN HOME ADDRESS: NEW EhtPIOYF.R'S ADDRESS: 6. Lwnp Sum Payments: You may he rrquirrd tr) report Jnd withhold (rum lump sum paynwnts sw h Js hnnuws, unnmissiun+, ur SrVrlJll(e pJy, I( yUU 11aYe Jlly gUNSII4115 Jhr1Ut IUlllp SUIII pJylllrllt5, (UIVJ(I rhr prlStlll nr Juthnrity hrlnw. 7. LIJ hIIity: I(yn4 (JII h) W Idlh4ld 111(41118 JS d1r Drdrr/N411(r dlrr(i5, yn4 JIr IlJhir GR hg1I1 rhr J<t UI114IJIrd JI1k 14111 yell shuUld hJYr Wllhheld (10111 the elltplOyrr/nhIIk0/5 II1COIlir Jlld (Ilhrr prIlJhrS Srt by PrnllsylVJI11J Sr.ltr IJW. Prilnsy'IVJIIIJ SIJIr IJ1V (1UVrrllti UIlIP55 Ihr Ohilg4r IS P.I11pIUy'ed In dll4rhrl SIJIe, 111 Whl(h (JSr fhr IJW tl( Ihr SIJfr IIl N'hll h I1P n1 Shr jS rI1lplnyNd uUVrrlls, 0. Pntidiscrimination: You are suhje(t to J fine detrrminrd under Srah? law Glr diuharµinµ an wnpluyrN/nhliµ4r Irnm employment, refusinµ to employ, or takinµ dis(iplinary action aµainst any rmpluyrr/nhliµor hr<JUSe n(a support wirhhnldinµ. Pennsylvania State IJw µoverns unless rile uhliµor is rmployrd in another Starr, in whi(h c ase fhr IJw of the SfJIr in whi(h hr ur she is employed µoverns. 9.` Withholdinµ Limits: YOU may not withhold more th.ul Ihr IrssB1 qf: 11 dlr JI7IUUIIh Jllo Wrd by d}r FrdBIJI Cn111Ul11r/ Cfrdll Prore(tion A[t (I S U.S.C. 4167! Ih)i; ur 21 fhr amounts allowed by Ihr State nt Ihr rmplnyrr's/nhliµnr's prin(ipal pla(r n(rmplaynlrnl. The Federal limit applies to fhr aµµreµJre disposable weekly rarninµs (ADWEI. ADWE IS Ihr I1rI IIl(tl I11Y 1r (f Jhrr II1JkII1R II1J I1dJfgry dedU(h4115 SU(h J5: SrJre, Federal, In(JI tJJ[I?S; SU( IJI SNCUIIty IJ%rs, JIId MNdll Jfr rJ %N 4. 10. •NOTE: If you Or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNff' P.O. BOX 320 by telep(lone at (71 7) 2•(0.6225 or CdRLISLE PA 17013 by FAX at (7171 2.10,62dB or by Internet p Page 2 0(2 Form EN•02A Service Type M uatn^.o,n'~rn~,ls, WarkerlD $IATT I,pbalnn nn~.. 1; f rnn AW2f,,ylZUA! 6ymmrtY/l1.Lllxt)IStn_Alt(-c hmenl DHrndRnll01)IlKorl I~'rkPPkN, 'rIwMAB s, ~jSES 'J+N Nwltl~ 11'711191'1rli~ IN URRAI.YN d1'kYIRN pluArl Ahar hnlNnt Alpntntl 9•-5092 r.IVtbS dUU, UU ChIIdONnI'+ Nanu'I+I t)OII II (hw kNJ, yull JIN INgl111Nd Ir/ PIIp1II II1N r IuIdUNlt) I( Nllllhr(I JI»)VN III Jlly IINJIIII Itt+IIPIIIr N r rVr'hlRr' dvallJbb' Ihruuµh IhN Nntplnyw''Jnhhµur'+ r•ugllnynunu PACSES CJ+N Nund»'r PIJIIttIfI.LWw!: (2!1-~ltlr Alml hntrnt Anllrilltl S U~UU Chlldtrenl'+ NJntNt+I DOB [] II r hNr Arai, you aIN rr'qulnn.l In Nnrull Ilpl l hlldlrelt) II NI11dINd ,1hUVN III filly hNJldl Ill+114111r N r nVNfJNN JVJIIJhIN Ihruuµh Ilu' NrnplnyNN'+/nbllµnr'+ Nmplnyntr'nl. PACSES C,nN NI »' fJ' Yl!)ll11..NJllI f n,oo ChtldOr•nl'+ NJnwl+l DOB PACSES CJ+n Nulnhr•f 612102154,/ ~ 4~I } / PIJII111II NJInN UNNALYN M. dTL+FFEN ), r u' AItJ(hnwnr Amount llR) d 1994 S 1,278,00 Chlldln'nl'+ N.unrp)~ MICNANL T. dTEFNBN ICATNRYN f,. OTBPPBN UOB 07/04/91 Ob/16/tt9 ^ II (hw ked, you are required to enrol I the chOd(ren) I(INI11111Nd JhnVe 111 Jlly hNJIIh II1+drJI1Ce COVBrJRe JVJIIJhIN Ihnmµh thN Nntpluyee'+/uhliµor's employment. PACSES CJ+r Numher PlJlntl(f NJIIIN' r r x ANa(~hnlNnt Amount S 0.00 Chlldlrenl'+ NJI11N(+I: UOB ^ II rhe(ked, you are required to enrol I the dllld(ren) IdNI11111Nd JI1DVe IIl Jlly I1NJId1 III+UIJIICN R)VNfJRO JVJIIJhIN Ihruuµh thN Nmplnyr'r's/uhliµor'+ employment, PACSES Caw Numher PIJIIIII(( NJI11N D ,t rket ra(I Nlt I ou t E a.oo Chlld(renl'+ Namets), DOB If l hNl ANTI, you rlre IrquirNd In Nnrnll the l hlldlranl ^ If checked, you are required m enroll the child(ren) I(INI111IINl) JI»IVM IIl Jlly I1N.IIII1 III+UIJII(N nrVNfJRN JVJIIJhIN IdNI111fINd JhOVP. IIl any IINJIIII II1+U(Jllt'e CgVerJRP. JVJIIdhIN Ihruuµh Ihn NnlplnyNr''+/nhllµnr'+ Nmplnyntenr. Ihruuµh the employee's/ohliµor's employment. Addendum Form EN-D28 5~rvl<r. lyptr iM Worker ID $2ATT <,r.+n ,~~, ~,~cn.a i s+ IlVllell~lli Ililr'. IL 11.1111 ~' >. ~ i, ~ r .J _ Y' _ ! r j ! • i a. ~ ~ r 1 ^ ~ i~.,~ ~ .. i • i ~ i ~ ~ •. ~. ~ i ~ i i i i i • ' 5. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ~.~C . /~r~ J~''%'~ ~•/ ~_,/~' QOriglndl Unh~NNUII,r State [nmmnnwealth o1 Pennw-vanla ~ T/ (,~~ ti r / 7/G_,~/ ~5 Co./City/DISC Uf CUMBBRLANp ~ , ~,. Q Amondvd or ' ° Date Of Order/Notice 10 11 O1 Q Tnrminatr o Court/Case Number ISee Adrkndum for case summary) " FmlAnyrr/WII dwd~ nr'+1„d°ral tIN Numlw'r DFAB Cu$y6LANU CBNTBR~ Emtdnyrr/Wllhlwddrr'. Nm;r Fn Idnyrr/WIIhh~6lrr'~ ~~ dn~., P2.~92i. P,99002 CLBVBI.AND OH 44199-8002 I RE: 3TEFFEN, THOtM3 E. ~ ' Emplnyrr/t761ignr'n Name ~Lasl, fir,6 MU ' 195-44-7615 1 EmplnyrrlObllgur'e tinrial tiv. urily Numl~•r ) 8044100512 EmpluywdOhllgnrb Cae,• Idemiflar r5ee Addendum for pfalnNNmmer arrodafed wffh caret on affachmenfl Cu+lodlal Pamnl'e Nrnn• ILae1, Flrnl, MI) See Addendum for dependent names and blrlh dates associated with cases on attachment. ORUFR INIORIsIAPION: Ihis Is an Order/Notice to \Nithhold Income for Support based upon an order for support from CtJMBBR[JSND County, Commonwealth of Pennsylvania. By law, you are required to deduct these ameurns Irom dre above•nanu'd employee's/obligor's income until further notice even if the Order/Notice is not Issued by your Stau!. f _,1,, 950 ,,QO prr month in current support f _•_ 0 , 00 per month mpast-due support Arrears 12 weeks or greaten Q yes ®no f ~,~a-99,per month in medical support f _ ~ o • OQper month for genetic test costs f per nuntlh in other tspeci(y) Ioi .t totaT~~ 1, 950.00 Per month to be forwarded to payee below, You du not have to vary your pay cy<ae to be in compliance with the support order. If your pay cycle does not match the ouirmd support payment Cycle, use the following to determine how much to withhold: f 450.O,jlper weekly pay period. f _ 900. 00 per biweekly pay period (every two weeks). f __,_~.Zy . oo per semimonthly pay period (twice a month). f _ 1. 950. QQper mornhly pay period. RI AIR IANCI IN'FORM1LI FION: Vou must hegln wldtholding no later than the first pay period occurring ten (101 working days after the dale of this Order/Nollcc, ticnd payment within seven V) working days of the paydate/date of withholding. You are entitled to deduct a Iec Io defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55°i° of the employee's/ obligor's aggregatr. disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed Itice Nr) on pg. 21. II renuNing by EFT/E DI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer tiervice at I •t177-676.9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEfENDANT'S NAME AND THE PACSES MEMBER /D (shown above as fhe Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER 10 BF PROCESSED. DO NOT SEND CASH BY.MAIL. Date of Urder; OCT 1 2 pppT Service type N t'.. 1•. / ) ~-Mpieninu 1 ~er~ i l; ~ rCn l Form EN•028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS ANU OTHER WITHHOLDERS ^ If checked you are requlrNd trl prrv(dN a c opy of this form to your NmployNN. 1. PIIgfIry: Whhh111dlllg UI1dNr 11115 DrdNr/N(IIIcr hJ5 pr1U(Ity ,Wef Jlly od1Nr INgJI p1UCMSS Ullder State IJW JgJhISC II1N ~a111N 111(g111N. Federal tax levies fn r.Hect heklrr receipt of this rrdNr hdvN priority. If IherN arN FNdrrJl tax levies ht Nffe(t please costar t the requNStinµ dgxncy listed below. 2. Combining Payments: Vou can conlhine wnhhrld Jnwwln from nurrN than unN NmployNN/rhliµnr's in<unu' Ill J SII1gIP pJy111Nnt to each agency requrstinµ wlthhuldinµ. Ymu mus4 hrWNVNr, SPPJlJIPIy IdNllllfy 111N pnr1IO11 of d1N 5111gIm pi1y111Nl1t IhJI Is JttrIhUlJhlN hl Nash employee/obliµrr. 3.' Reposing the Paydnte/Dote of WithhnMingr Vnu must trprlrt the pJydoM/dart of withholding when sending the payment. Thr poydetrMlnrnfwithhnlding is thrdlltr nn which mm~untwus wllhhrM hnm the employee's wogrs. you nulst uunply with thN law of thN state of the employee's/obligor's prim lpal pla(N of wnplrynlNnt with INSpN(t to Ihr tinlN periods within which you nwsl inlplNnlNm the withhuldlnµ order and forward IhN supp(rrt payments. 4.• Employee/Obligor with Multiple Support Holdinµs: If tlterr Is nuae than one Order/Notice to Withhold Income for Supput against thh employee/obligor and you are unahlN tr honor all support Order/Notices duN to Federal or SmrN withholdnlµ Ilmib, you must follow the law of the state of wnployeN's/ohliµni s principal plarN of Nmployntent. Vou must honor all Orders/Notices to 11tN greatest extent p(lssihle, (See N9 hNlosv) 5. Termination Notification: You must promptly notify the Requestinµ Agency when the employeN/rhliµor Is no Innµer wrrkinµ for you. Please provide the in(onnJtion requested rind return J r opy of This Order/Notice to the AµN.ncy identified hNlow. WITHHOLDER'S ID: a4~iois~oo Eh1PLOYEE'S/OBLIGOR'S NAME: 3TEFFEN. TROMA3 E. Eh1PLOYEE'S CASE IDENTIFIER: 80/4100512 DATE OF SEPARATION: _ LAST KNOWN HOh1E ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. lump Sum Payments: You nl.ty hN requilNd t:; ngwrt end svithhrdd 6nm hoop sum payments such as bonuses, commissions, or SdVerJll(N pJy. If yllU have Jlly gUe5hg115 JhnUt IUlllp SUIII pJy nlellt5, COI1tJ(t the perSOll of JUthr)rlty belOW. L Liahiliry: If you fall to withhold income Js the Order/NutirN direr ts, you are liable for Ex)ih the dr cumulated amount you should have withheld from the employee/ohliµor s income dlld ether peI1Jl11B5 Set Ely PBI111SylVJI11J StJtN 1J14. PNI1115yIVJI1IJ State IJW gOVef115 11111P55 the OhllElrr IS enlpl(lyNd Ill JIlOd1Pf State, Ill W111(h CJSP rile IJW Uf the StatN Ill Whl('h Ile Ur She IS NIt1pI0yNd gOVNf115. 8. Antidiscrimination: You are subject to a fine determined wider State law for discharEling an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employer/obligor hecausN of a support withholdinµ. Pennsylvania State law governs unless the obligor is employed in another State, in which cash the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of 11 the amounts allowed by the Federal Consumer Credit Protection Act 11 i U.S.C. 51673 Ihl1; or 11 thN amounts allowed by the State of the employee's/obligor's principal place of employment. ThN Federal limit applies to the dµgregate disposable weekly earnings (ADWf). ADWE is the net income leh after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. +NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240.6z2s or P.O. 80X 320 by FAX at (7171 240-6248 or CARLISLE PA 17013 by Internet Q+ Page 2 of 2 Form EN-028 Service Type M ,,,,~,,,, ,,,,;,,,,,,,,, Worker ID $IATT ADDENDUM Summary of Cabs on Altachmenk DefendantlObligort BTBPPBN, TNOMAB B. PACSESCJSeNumber ~17105176/~'j'~i~7 PlahttlN NJme ~' OBRALYN M, BTBPPBN D[nket ANarhmentAnwunt 9~-6095 CTVTLS 600.00 Chlldlren)'s Name(s); DOB ^ If checked, you dre required to enndl the rhlldlrrn) l entllied JbUVB IIl Jny heJhh In5111J0[e rgyefJKe JVJ IJhle throuµh the empluyee's/uhllµur's emplnyntent. PACSES Crse Number PlJintl({ NJnte Docket Attachment Amount f o.oo Child(ren)'s NJme(s); DOB ^ It a hocked, you are required to enn)II the chlld(renF identified Jtx)ve in any health insurance a>verrge available throuµh the employee's/ohliµor's employment. PACSES Case Number PlJintiN Nrme Docket Attachment Amount f o.oo Child(ren)'s NJmels); DOB PACSES Case Number 6753oa164 Plalntflf NJmr OBRALYN M. eTBPPBN ticket ~IIJ[ItntentAmOU)11 1167 B 199 b 1, X60.00 Chlld(ren)'s NJnw(sl: MTCNABL T. BTBPPBN KATHRYN L, eTBPPBN DOB 07/04/91 06/16/!9 ^If checked, you are rayuired to enroll the chlld(reN Ideodtled Jhoye III Jny health IllsUfJnfP (OVerJtte JVJIIJhIr, Ihtouµh the employee's/ohliµor's empluyntent. ~~S~Case Number Qlahuiff Name c c e Attachment Amount S o,oo Chfld(renl's Namels): DOB ^Il checked, you are required to enroll the child(ren) Identified above in any health insurance coverage available through the employee's/ahliµor's employment. PACSES Case Number plaintiff Name Doc et Altachntent Anu>wtt E o.ao Child(renps Mante(s): DOB ^If checked, you err, required to enroll the childlrenl ^ If checked, you are required n) enroll the childRen) Identified above h) Jny health Insurance coverage available Identfed Jbr)Ve In Jtty hedlth InSUIdn[e fnVP.rJKe JVJlldhle throuµh the emplayee's/ohllµur'somployment. throuµh the employee's/nhliµur's entploymrnt. Addendum corm EN-OZB Service Type M ~~nlll,,, ~„~.~)1115~ Worker ID $IATT I'.plulbnr I!YI~~, l y l V,Ip . dl 1 ~. ~ 1 III '. I ~ i I I ' I I i I ~ ~ ~ ~ I I I ~ I I i I , I I I ' I ~ 1 I I X11 i I I d ~ I ~ ~ 11.1 , ~ l 1~ I ( I d: y ~ ~ ~ v '~ L ~ i ~. I ~ ~. I 1 ~ ~ j I If / • ~ V /. ~ L I I~ i ~ I i I I I i i 1 i I p ! i.ly: , ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State [ommonweallh of Pennsylvania CO./City/Dltit.0f CVMBBRLAND Date Of Order/NOtICe 10/15/O1 Court/Case Number !See Addendum /or rase summary) FmPlnyt•r/Wllhlxtldvr's Fcdt•rol EIN Numlx•r pFA3 CLBVBLAND C8NT8R• EmyloyrrlWllhlwldvr'n Nam~• C/0 DPA3 CODB L Employrr/Wnhholdri s Addmss RO BOx 99Q002 CLBVBLAND OH 44199-8002 I I OOriglnal Onlnr/Null<<• . i. O Ams•ndrd Onler/Nulkr )i O 1'ennlnalr Onlrr/Noun I I I RF: g~pBFPBN, THOMAS B. I Emplnyrrl0611gui s Namn ~ WM, rlrsl, MII I ~6-ttf-7616 llri•''_X..`~.~~~LL. 1 Empluyvu/Ohhgur'e ynt ial Set uriry Numlx~r I eo441oos12 I '. I' I f EmplnyorlObliµnr'. Carr Idt•ntl(Irr (Srr Addendwn for p!alndN Hamer acrodafed wIM due on anachmrntl Cuslodlal Pan~nlb Nam.• ;Last, Flnl, h111 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This Is an Order/Notice to Withhold Income for Support based upon an order for support fron) CUMBBR[,AND County, Commonwealth of Pennsylvania, ey law, you are, required to deduct these amounts from the above•named employee's/obligor's Income ()ntil furtl-er notice even if the Order/Notice Is not Issued by your State. S 0. 00 per month in current support 5 0.00 per month in past-due support Arrears 12 weeks or greater/ Q yes ®no 5 _ o . oo per month in medical support 8 0. oo Per month for genetic test costs S per month in other (specify) for a cola of S 0 , 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance wit/) tl)e support order. If your pay cycle does not match the ordered support payment cycle, use the fallowing to determine how much to withhold: S o. oo per weekly pay period. E _ o. oo per biweekly pay period (every two weeks). 5 0. oo per semimonthly pay period (twice a month). S o . oo per monthly pay period, REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 110) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. Vou are entitled to deduct a fee to defray the cost of withholding, Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55°i° of the employee's/ obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See If9 on pg. 2). If rernitting by EFT/E DI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1.877-676-45130 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylo•ania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /O (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER T O BE PROCESSED. DO NOi SEND CASH BY MA/L. Date of Qrder; ~~T ~ 6 7~'l Service Type M BY THE COURT: Form E •028 u+ro ~„, ,n~:n.nis. WOrker ID $:[ATT i.°o.n~,,, ns.. ir. a „u ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If checked you Jre requlrrd to provide a [ opy of thib funn to your rmployrr. 1. PllOflty; WIIh110ldhlg Ullder 11114 Ordef/NUIICr has pllnrhy 11VMr Jlly t1111rr I[IRJ1 prU( ebb Ulldrr 51a1r IJW JftJ hlbt tilt bJ111r hlrnnle, Federal td% IlVles ill e(fPCI before rec elpf Uf 11115 grdrf Ilavr, priority. If Ihrrr JIP ErdrrJl IJN IeVIYb ill rffr[ 1 pIMJSr rtlllfac 1 the regllP. btlllg agency listed below. 2. Combinlnµ Pdynlentb: You ran uunhinr withheld anwtnns from noire Than nor employer/nhliµur's Inulmr in a shlµlr payment to each agency requebting whhhuldinµ. You must, hnwrVMr, SepJIJIPIy Idrlltlfy hie p(1rhU11 Uf thN shlglr pJy111rl1t (I1Jt IS JlttihUlJhlr hl each employee/obllµor. !. • RepnrtinR the PnydeM/Date of WithFmldistR- Yovmwtrepnn the puydm/deh! nfwhFllsnldMR when eendinK the payment. 7h- paydateMateofwithhoMinR is then datenn which omnunrwas withheld hnm theemployeds wsftls. Yau must comply whh Ihr law of Ihr state al the employee's/obligor's prlnc IpJI place of rmpluymrnt whh respect tr/ the tlnlr periods whhln which you must Implrmem the wllhlwldinµ order and forward the suppOn payments. 4.' EmployeeJ061igorwi[h Muhiple Suppcnl Huldinµs: If there is more than one Order/Notice In Withhold In(amr. for Support aµalnst Ihis employee/ohlfµnr and you arc unable to honor JII support Order/Nnti[es due w Federal nr Stab! wlthholdDlµ Ihnlts, you must fnllOW Ihr IJW c)f 1110 SIJIr Of rlllpklylr'S/nbhftnf S prlllrlpJl pIJlO U(elll plgylllellt, YOU I11lIbI hnlla/ JII OIde15/NUti(rR IU Ihr g/rJtr St extent pOsslhlr. ISee M9 below) 5. Termination Notification: Ynu must promptly notify the Requestinµ Agency when the rmployrr/ohliµor is nn lunµer wurkinµ fur you. Please provide the Information requested and return a ropy of this Order/Nntirr, to the Aµenry identified hrlow. WITHHOLDER'SID: Z~91016700 EMPLOYEE'S/OBLIGOR'S NAME:. STE;FFBN. THOMAS 6. _ EMPLOYEE'S USE IDENTIFIER: 8044100517 DATE OF SEPARATION; LAST KNOWIV I10ME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lwnp Sum Payments: You may hr required to report and withhold from lump sum payments such as lxmuses, commissions, or severance pay. If you have any questions aMlut lump sum payments, roma<t the person ur Juthorlry below. 7. Liability: If you fail to withhold income as the. Order/Notice directs, you are liable for both the accumulated anv)wlt you should have withheld Gam the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law µoverns unless the obligor Is employed in another State, In which case the law of the State In which he or she Is employed governs. 0. Anti~discriminalion: 1'ou are sublet[ to a fine determined under State law for discharging an employee%bliµar from employntr.n6 refusing to employ, or taklnµ disciplinary action aµainst any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obliµor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Wlthholdinµ Limits: You may not withhold more than the lesser ut 11 the amounts allowed by the Federal Consumer Credit Protection Art 175 U.S.C. 5167! 1611; or 21 the amounts allowed by the State of the employee's/ohliµor's principal place of employment. The Federal limit applies to the aggregate dispcnahle weekly eaminµs IADWEI. ADWE is the net income Leh abet making mandatory deductions such J,: State, Federrl, IarJl to%eb) SUCIJI Set Uflty to%r, 5; Jlld MPdICJ[P iJ%eb. 10. •NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the iaw of the state that issued this order with respect to these items. Requesting Agency: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact _ WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at X171 240.6225 or P.O. BOX 320 by FAX at (7171 240-6248 or CASl15LE PA 17013 by Internet Page 2 of 2 Form EN-028 Service Type M onrnn.,<n~c~l.o„a Worker ID SIATT e.n~~.un~, I ~.i., a ,von ADDENDUM Summary of Ca6e4 on Attachment Defendant/Obligorc 3TBFPBN, THOMAS B. PACSES CJ6e Number 417107176 Plaintiff Name OBRALYN M. BTBPPBN Q` < Ana(hmrnt Amount 94-6099 CIVILE O.oO Chlld(ren)'s Name(s): PACSESCJSeNumher s7alo71e4 PlJlntiff Name OBRALYN M. 9TBPPBN Docket AHac hntent Anwunt 1167 B 1991 E 0.00 D08 Child(ren)'s Nante(s): MICHABL T. BTBPPBN KATHRYN L. 9TBPPBN ^If checked, you are required to enmll the child(ren)) Idemlfied above In Jny health Insurance cOVerJµe available Iltrough the employee's/ohllµor's employment. PACSES Case Number Plaintiff Name packet AHdchment Amount E o.oo Child(ren)'s Name(s): DOB ^If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/ohllµor's employment. PACSES Case Number eJ,aintiff Name Doc et tt c ant Amount E o.ao Child(renl's Name(sl: DOB DOB 07/04/91 0/16/!9 ^ If checked, you are required to enroll the chlld(renl Identified above ht any health htsuranre cnveraµe available thrnuµh the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket s~nprhment Amount E o.ao Chlld(ren)'s Name(s): DOB ^ If checked, you are required to enroll the chlld(reN identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Nwnber Plaintiff Name ocket ANachmentAmount E o.oo Child(ren)'s Name(s): UOB ^ If checked, you are required to enn)II the child(ren) ^If checked, you are required to enroll the child(ren) IdP.ntlfled JbnVe In Jny hedlth IriSUIJIICe (OVP.rJµe JVJIIabIP. Identl(led JhOVP. In dny heath In SU(JOCP. COVP. rJgP. JVJIIJble thrnuµh the employee's/ohliµor's employment, thrnuµh the employee's/obligor's employment. Addendum Fortn EN•028 Service Type M Worker ID $IATT oM0 4n: ovnml s+ IMrnnLm nnr: ~r,nnm i ' i ' ~ ~ ' ~ ~ i ~ I ~ f y ~I N i ~ ~ ~ ~i,r-, .'.~~ °•~ ,, i ~ . ~.: ~ .T, a. C.. ~7 ~~ -y :t Il_ Cj ~ o v ~ ~ , ~. ~~' .~ ORDERINOTIC~TO Wlj LD INC9M~ FOR SUPPORT L/HCyC, ~~~..y f~i/c ~i ~ 7/f }/ ~ (~ t )nµln+I UnlrrMnlu r Stott ,rpmmonweallh of Pennsylvania ~5~, ~ ~~~; 5' nnn~nd,~d t )nl,~rlwdl~ ~~ Co./City/Diet, of Ct1M9BRtJsND ,f /<' Date of Order/Notice, 11/01 01 Court/Case Number (See Addendum /or case summary) EmµloycrANllhhubp.i ~ R~dvn EIN Numl.•r ~I~B L`r.ltRf.ANn rRNTREj• EmylvynrANnhhlUlrrb N+mo r/n nnaR C•nnrt r ~l:r/ri EmFloy~•rANllhhddrrb AJdmee on nnx ooA0o2 rr.vrmr,epp OH 44199-8002 , /~'('. //G~ 3 /7 ry ~ trnn)n+u~ unlrrlNnuu~ /~ik~~'s ~ 3~/~~-a/sY 1 IiE: STBFFBN THOMA6 B. I Emyloyer/OI>Ilµor'+N+mr il+sl, Fnl, MII I ?~'{-46-7b+b 1 EmployrelObllgui a Sur.Wl Sr, urlry Numl.~r I eo441oots12 I Bnpluyue/Obligor's('+eo ldrntlurr i rSee,Eddend(wnforda/nNHnamenrodatedwlthnmonanarhmenU t'ueurll+l P+n•m'+N+m~• ~l+nl, Flnt, MII See Addendum /or dependent names and birth dates associated with cases on atta(•hmenr, ORDER INFORMATION: TI)Is Is an Order/Notice to Wltl)hold Income for Support based upon an order for support from CUMaBR[.AND County, Corttrnonwealth of Pennsylvania, Bylaw, you are required to deduct these amounts from the above-named employee's/obligor's Income until further notice even If the Order/Notice Is not Issued by your State. E 1, 950.00 per month fn current support S 0, 00 per month in past-due support Arrears 12 weeks or greaterT Q yes ®no 5 0.00 per month in medical support b o. oo per month far genetic test costs per month in other (specify) for a total of Sr 1, 960.00 Per month to be forwarded to payee below. ((((~~~~ You do not have to vary your pay cycle to be in compliance with the support order. If your r~ the ordered support payment cycle, use the following to determine how much to withhold: E a5o. oo per weekly pay period. (~ E 900. oo per biweekly pay period (every two weeks). ~ 1 5_ 97s. oo per semimonthly pay period (twice a Inonthl. ' E 1. 95oyQ,Q-per monthly pay period, REMITTANCE INFORMATION: You must begin withholding nu later than the first pay period occurring ten 1101 working days after the date of this Order/Notice. Send payment within seven (71 working days of the paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55°io of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed ISee f9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1.877.676.9580 for instrutlions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.A. Box 69112, Harrisburg, Pa 17106.9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEfENDANT'S NAME AND THE PACSfS MEMBER ID (shown above as the Employee/Obligor's Case Identiller) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SfND CASH BY MAIL. 8Y THE COURT: Date of Order: NOV Z ~ 1 For N-028 Service Type M ~ ,i„n^.~, nvu.iis~ WOrkeflD $IATT ~ L~/ i.,,~,„......o,.,. ~,,~~,~~~~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If checked you are Iwqulrrd to pruvldr a ropy ul this form u, your employer. 1. Prl[Irlty: Wid111U1d111g Ullder Ihis Drder/Nclh<e I1JR pfloflly [1Ver Jlly 0111er IegJl prnreFt Ulldrr $IJIe IJW JRJIIIM1[ the tJ111e hlcnnle. Federal tax levies Dt rffecl before fec elpl ul this order have prlurily. If Iherr Jre Frdr,ml tax Irvlrs in elkc t please <onWc t the requestlnµ aµrnry listed below. 2. Cumbbling Payments: Yuu ran aanhlne withheld anwunls from more than one employee/ohllµor's Duonw in J slnµle payment to each aµenry requestinµ wlthholAlnµ. Ynu must, however, sepamtrly Identlfy the punlon of the sDtglr. payment that Is attributable to each employer/ohllµur. 3.' - i2eporHnR the PeydatelDaht of Wlthholdin0- You must Ilepon the paydete/date of withholding where sending the payment. TM! plsydatr/date efwithheld{nRis Me date on which amount was withheh} hom theemployn!'s wages: You must comply with Ihr law of the state of the employee'Johllµur's prier Ipal place of empluyntent with n~spert to the tlnte pefklds within which you must implrnlrnt Ihr withholdng order Jnd forward Ihr suppnn paynlenw. 4.• Employer/Ohllµur svlth Multiple Support Holdings: If there is more than unr Order/Null[ e to Withhold become (ur Support aµablst this employee/obligor and you are unable to honor all support Order/Notices due ul Fedeml ur Seale withholding Ilndk, you must follow the law of the state. of employee's/ohligor's principal place of employment Yau must honor all Urdrrs/Notices to Ilte µrralest extent possible. (See Av below) 5. Termination Notlficatlon: You must promptly notify the Requesting Agency when the. employee/obligor is no longer working fur you. Please provide the Information requested and return a copy df this Order/Notice rc> the Agency identified below. WITHHOLDER'S ID: 44 9 10 16100 EMPLOYEE'S/OBLIGOR'S NAME: ~'~EFFEN. THOMAB E. EMPLOYEE'S CASE IDENTIFIER: 0044100511 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NA~1F/ADDRESS: 6. Lump Sum Payments: Vou may he required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contort the person or authority helow. 7. Liability: If you fail to withhold income as' the. Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employerlobligar's htconte and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the ohllgor is employed in another State, in which case the law of the State in which he or she is employed govems. 8. Antidiscrimination: You are subject to a line determined under State law for diuharging an employee/obligor from employment refusing to employ, or taking disciplinary action against any employee/obligor because. o(a support withholding. Pennsylvania State law governs unless the obligor it employed in another State, in which case ate law o11he Stare in which he or she is employed µoverns. 9.• Withholding Limits: you may not withhold more than the lesser of: 11 the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.I"". 51673 Ih11; or 21 the amounts allowed by the State o(the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWEI. ADWE is the net income leh aher making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; Jlld kited lCJfe eJxeS. 10. •NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency; If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at L7171 240.6225 or P.O. BOX 320 by FAX at (Z]-71 240.6248 or CARLISLE PA 17013 by Internet Page 2 of 2 Form EN-028 Service Type M „s„I,,,, ,,,,,„_,~,,, Worker ID $IATT r.ponb„~ i,n.. it, rou ADDENdUM Summary of Cases on Attachment Defendant/Obitgorc BTBPPBN, THOtMB B. PACSES ~tse Number 417IOa175/,jlj;l/ J PlalntlN Name OBRALYN M. BTBPPBN Docket Attachmem Amount 9~-6091 CIVICS 600.00 Chfldlrenl's Name(s): DOB PACSES CJSe Number 671107164 /3 ~ 3~i/ Plaintiff Hooter ' OBRALYN M. BTBPPBN r c eat tt c t nerve Anwwtt 1167 8 199 S 1, X60.00 Chlld(ren)'s Nante(s): DOB MICHABL T. BTBPPBN 07/0/91 KATHRYN G. BTBPPBN 06/lfi/e9 ^ If checked, you are required to enroll the child(ren) Identified above In any health Insurance coverage available through the employee's/obligor'ssmployment. PACSES Case Number Pf aintiff Name pocket Attachment Amount f o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number PlaintlH Name ock t Attachment Amount ti 0.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) Identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Nun,~e Plalmiff Name oc et Attachment Amount S o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above In any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number ~aintiff Name ocket Attachment Amount E 0.00 Chfld(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above in any health inswance coverage available identified above in any health insurance coverage available through the employee's/nbliµot's employment, through the employee's/obligor's employment. Addendum Form EN•O28 SerVlce Type M nms.~~.:nvronlse WOrker ID $IATT 4Vlgllon I)tlr: I L1151U i ~~ ~ i i i i ~ ~ ~ ~ ,~ ~ ~ ~ ' ~ • I ~ ~ ~ I ~ ~ I I 1• ~ ' ~ ' ~i 11! • I ~ ~. i ~ ~ ' .`I ', l I 1 ~ _ r V f I 'i d ~ 1 ~ ~ f ~ i J ~ i I ~i i I 1,. ` I ~ ~ ! ~ ~~ ~ ~ i i ~ ~ ~ i ~. ~ i ~ ~ ~ ~ Y (I ORDER/NOTICE TO WITHHOLD INCOME fOR SUPPORT Stale Commrsnwea~hofPennsvivania ~~~('rSi~ ~/~')/(..)/75- Co./City/Diet. of CUl'~BRLAND , Date of Order/Notice 11/20/01 ~~~ `~ ~f~~~ O(Inµlnal Unlr~r/Nnllr r~ O Nnt~ndvd t )rdcr/Nnln r O Iarminalr t ndor/Nntht Court/Case Number fSee Addendum for case summary) f mpluyerlWdhhn vr'ntednrolllN NUmkx~r f mplnyer/Wµhhnh er'e Name C!0 DPAS CODB L,i f mpluyrr/Wllhholdt~r's Addm.r OARNISHMBNT OPS g0 BOX 998002 _ CLBVSLAND ON 44199-8002 Ik1 STBPFBN, THOMAS 6. 1 I ngrlnyce/t lbllµur'• Name n u~l, 1 Ir~l, MII I 19'~-46-7615 I I mplnyrv/t lbllµnr'+ ti~x lal 5w urlly Numlx~r I Bo++loosl2 I 1 mplnyrrlUbhµnr'+t'a+a Idontlflor I rSe~ Addm_abm for plJnrlN n~mtrr maLrrd wlrh riser on en~cMnmO 1 CuM.nIWI I'erenlb Name n ail, 1 Ir+1, MII See Addendum for dependent names and birth dates assoclafed with cases on attachment'. ORDER INFORMA710N; This Is an Qrder/Notice to Withhold Incorne for Support based upon an order for support from CtR~BBRLAND County, Commonwealth of Pennsylvania, Bylaw, you are required to deduct these amounts from the above•named employee's/obligor's Income until further notice even If the Order/Notice Is not Issued by your State. 3 0 .00 per month In current support E o , 0o per month In past-due support Arrears 12 weeks or greater! Q yes Q no b o . oo Per month In medical support b _ o , oo Per month for genetic test costs S per month In other (specify) for ar a totem- 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be Incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to evithhold: 5 0. oo per weekly pay period. E o , oo per biweekly pay period (every two weeks). 5_ o . oo per semimonthly pay period (twice a month). S o . 00 per monthly pay period. REMITTANCE INFORMATION; You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55%, of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed l5ee M9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1.877.676.9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 171069112 IN ADDITION, PAYMENTS MUST INCLUOf THE DEFfNDAN1'S NAME AND THE PACSES MfMBER /D (shown above as the Emp/oyee/Obllgor's Case Identlfler) OR SOCIAL SECURITY NUMBER IN ORDER TO Bf PROCESSfD. DO NOi.SEND GISH BY MAIL. BY TH Date of Order: NOV 21 yppl ,pv 1 G Service T e ! , ~ Form EN•02B yP hl unnt ~~. mcu nisi Worker ID 21005 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If checkdd you am requlnsl to pnwldc a ropy of this form to your omplnycn, 1. Prlurhy: Wlthholdlnµ unJdr this.Order/NWiry ha+ priority ovor any uthor Iyµal pnuds+ undyr Staly law aµabt+t the samd Income. Federal tax Ievlds in e(fdet before rerefpt of this unkr havy prlnriry. If there ary Federal iax lovlc+ In yffyct ploJse roNac 1 the roquestinµ aµcmcy Ilsted bylaw. 2. Cumbinlnµ Payments: Ynu can nlmhlne withhelJ Jmnunis from mom than ono ympluyod/ubllµnr's bunmy In J sinµle payment W each aµenry ualuestlnµ wlthhaldinµ. You must, howovdr, xlparatyly ideniily thy portion of thy +Inµlu payment ihet I+ Jttrlhutahle to mach empluyod/obliµor. ].' ReprxtinRthe Peydete/EMte of Withhnkling- Yew moat mpnrt the lmyrleMklor~ n! wuhhnMinµ when.emllnµ Ih~ lrayment: Thy pnydsteMate nl withhnldfn}{ h the deM nn which amount wos withheM fmm the employee's wages. Ynu mu+t comply with Ihy law of the state of the dmployoe's/ubllµur's principal plarn of ompluymeN with roslx~rt to thy tlmo Ixlrhxls within which you must Implomdnt the withholdinµ ardor and forward the +uppun paymynK. 4.' Employee/Olrliµur with Multiply Support Holdinµs: If thdry i+ mom than one Onlor/Notice Iu Withhold Inc nme for Support aµalnst this empluyoe/obllµur anJ you aru unable to honor all support Order/Nntiry due to fialeral nr State withhnldbrµ Ilmlls, you mu+1 fallow the law of tho sWto of dmpluyye's/obliµor's principal {nary of ymploymynt. Yuu must honor all Order•/Notirns In Ihd µmJtest extent possible. ISre M9 bclowl 5. Termination Notification: You mu>I promptly notify Ihy Requystinµ Aµonry when the employed/obliµor Is no lanµcr wurking for you. Please provide the infurmatlon myunslyd and mtum J (upy of this Order/Nolico to the Aµrnry idyntified bylaw. WITHHOIDER'S ID: 7491016700 EMPLOYEE'S/OBLIGOR'S NAME: STBFFEN. T~{QMS B. EMPIOYEE'S CASE IDENTIFIER:. 8044100512 DATE OF SEPARATION: UST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADORE55: 6. Lump Sum Paymdms: Yuu may be roquiryd to report anJ withhold from lump sum payment. such Js bonuses, commissions, nr severance pay. If you have any yueoians about lump sum payments, contact thy {anon or authrnity below. 7. Liability: If you fail la withhold income as the Or(IedNntice directs, you are liably for both the accumulated amount you should have withheld from the dmplnyee/obligor's Income and othdr penalties set by Pdnnsylvania State law. Pdnnsylvania State law µoverns unless the obliµor is employed in another State, in whit h easy the law of the State in which he or she i+ employed governs. 9. Anti+liscriminaf on: You are subject lu a fine determined under State IJw for discharµlnµ an employed/obliµor from employment, reh.rsinµ to dmploy, or takinµ (lisciplinary action aµdinst any amployee/obligee because of a support withholding. Pennsylvania State law µavems unless the obliµor is dmploye(I in another Stab!, in which rase the law of the Statd in which he or she Is employe) governs 9.' WhhholJ~nµ Limits: You may nut withhold mart than the lesser of: 1) the amaunu allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 51673 (hh; or 2) the amounts Jllowyd by the State of the dmployeeb/ohliµor's principal place of employment. The Federal limit applids to the aµµregatd disposable weekly earnings IADWE6 ADWE is the net inurmc left aftdr makinµ mandatory deductions such Js: Statd, Federal, local taxes; 50[1)1 $e('Uflly faze,; Jnd MCdICJfC tJ.cys, 10. 'NOTE: If you or your agent are served with a copy of this order in the state That issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: fZOMESTIC RELATIONS SECTION 13 N. FIANOVER ST P.O. BOX 320 SARLISLE PA 17013 _ Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240.6225 or by fAX at (7171 240-6248 or by Internet ~ Page 2 of 2 t~Vll M.. nn R'd11 M11 I p~ullun Ualr: l u l l /1111 Form EN•028 Worker ID 21005 Defendinl/Obligon STBFFBN, THOMAS B, PACSE$ Case Number ~17 1 0 7 17 6/J%hT/ PlaimHf Name UBRALYN M. BTBFFBN Dctckel Allachmnnt Amuum 9~-6097 CIVILf 0.00 Chlld(renl's N.tmelsl: DOB If rherked, you are required to enroll the child(ren) Is emlfieJ above In my hcahh Insurance covcraµc available Ihmugh the employee's/obligor's employment. PACSES Casc Number Plaintiff Narne L745~S,! Q}tachment Amry~i f o.oo Chlldlren)'s Namelsl: DOB ^If checked, you are required to enroll the chlldfrenl IdenllfieJ above In any hcahh insuranre coverage available through the employee'Johliµor's employment. PACSES Case Number Plaintiff Name ocket Attachment mount f o.oo Chlldlren)'s Name(,): DOB PACSES CaseNumb~•r 67x107164 P_Id111 f c UBRALVN M. B'CBFFBN nr a Mlachment Amnunt 1167 8 199 f 0.00 Ch161Uen1', Namel+C MICHABL 4'. 6'CBFFBN KATHRYN L, BTBBFBN DOB o~/0~/91 06/16/!9 ^ If checked, you arc required to rnnill the chlldUen) IdenUfind above In any hcahh Insurance nlveraµe available. through the employee'+/ubligurb employment. PACSES Case Nunther PlaintlfMamc c r r Attachment Amount f o.oo ChIldGenl's Name(s): DOB ^ If checked, you am required to enroll the chlldln!n) Identified above fn eny hcahh inwmnu! coverage available thrnuµh the employee's/obligor's employment. PACSES Casc Number Pldimiff Namo Docke Attachment Amnunt E o.oo Child(mnl's Namelsl: DOB ^If checked, you are required to enroll the chld(ren) ^If checked, you are required ut enroll the rhlldUen) identified above in any hcahh insurance coverage available Identified above in any health insurance coverage available through the employee's/obligor's employment. thrauµh the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID omx •.~~.: onvn.ni+~ 21005 f.pnnuun Odlu'. Illlllpx 1 ~ '. , 1 , ' i. , ~ , ~ , , , ~. , ' ~. i , ( ' , I i _ , i r , ~ , ~ ' ~- i ., , r, , ~i , ~. ~ i i I i ~ ~ ' , ~ i ~: ~- r~ ~, ~ ~ ~ „ ~• ~;: ' ;~ ~. ~ , ° ~ Dui ~ ~ , ' i ~ ~ , ~ , ~I , , I , I' , ~ ~ ~ I , , 'j , ~ ' , ' ~ ' ' ' , , '~ ' ~, , ~ , ~~ ~ i i 1 ORUERINOTICE TO WI~~T//HHOLD INCOME FOR SUPPORT Stale ConunonweahhofPennsyjyania ~)`1~~C Ca./City/Dlst. of CUMBERLAND i"/7s/X S ~/ 7 /G/.~/ 75- Daleo(Order/Notice 12/1B/O1 ~K' .Zip ~ CourUCase' Number (See Addendum /or case summary) (mpLryl•rA\9rhhnldor'. I ~'drral I IN Num6.•r DPAS CLEVE)~ 1~D CENTER` I ngdnyl•N\M1'uhhnldrr'. Nnnlr C-/0 DFAS CODF. L - ~J~O/5, ngAnyrr/wYlhhnldrr'~ Mldn•~• GARNISHMENT OPS PO BOX 998002 CLEVELAND OH 44199-8002 'kI~STEFFEN. THOMAS E. O I Irltilll,ll 1 naor/NOIh O O Anu•ndrd r Inlor/Nlad .• O louumab• unLa/Nnlll r I I ngdnyrrll Ihll0.nr'. N.un„ d a.l, I u~l, A1L 195-46-7615 I I nq~'nyrrn ILllpnr'. tiny Ill SOI urlly Num u•r 8044100512 I nglb nor/t IbIIguY• r .I•r LL•nllLrr /See Addendum /w p/~lnf!//name. uuorlufed wllA rua on uffurhmron I lob uLdl I'un•nl'. Nanlr d del, I ml, AIII See Addendum /or dependent names and hlrrh dales assnelafed with cases on attachment. OKDEK INFOKItiLA (ION: This H an c)«ler/NOUie to Nhthhold Inronu' for Support based upon an order (or support from CUMBERLAND County, Conunonwe,dth of Pennsvh'anla. H)' Ida. you arc required to deduct these amounts from the above-named employee's/obligor's income until bother notice even if the Order/Notice is not issued by your State. $ 0 .00 per month in current support S 0 .00 per month in past-due support ~rrean I Z weeks or grealer7 ~ yes (~ no $ 0 .00 per month in medical support $ 0 . oo Per month (or genetic test cosK $ per month in other (speci(yl for a tota of $ 0.00 Per month lobe forwarded to payee below. You do not have to vary your pay c)ile to be in romphance with the support order. 1(your pay cycle does not match the ordered support payment cycle use' the fcrllawing to determine hrw much to \vithhold; S 0 .00 per \veekly pay period. S 0. oo per biweekly pay penal (every two weeks). $ _ o . 00 per semimonthly p,ty period thrice a nunvhl. $ 0 .00 per monthly pay period. R6bIfTTANCE INFOKhlA71ON: You must begin withholding no later than the first pay period occurring ten 110) o'orking days after the date of this Order/Notice Send payment within wren V) worMing days of the paydate/date of withholding. You are entitled to deduct a lee to defray the cost of \vithholding. Keter to the lass governing the ssork state of your employee (or the the allo\vable amount. The total withheld amount, and your fee, cannot exceed 55'v~. of the employee's/ obligor's aggregate disposable \veekly earnings. For the purpose n( the limitation on withholding, the following information needed bee N9 on pg. 2). If remitting by EPT/E DI, please call Pennryhania State Collections and Disbursement Unit (SCDU) Employer Customer Sen•ice at 1.877-676.9580 far instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112 IN ADDITION, IAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND 1HE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Idenff/ier3 OR SOCIAL 5'ECURIIY NUMBER IN ORDER TO BE PROCESSED. DO NOI SEND CASH BY MAIL. Date of O«ler: DEC 1 8 jal r-, rrlr , 7"N~ L_i~. aT~ln*k. Service Type M ~, •.. _~ ~La-._.__I., ~.A.i. BY THE CO Fonn EN-028 ~~ I, ~_ ,~ Worker ID 21005 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ II r IUV Ard Vnn ,In' h"1111 P'rl hr Ign1'I~h`,I ~ iiliy ul IIII, In1111 In )'nllr ~'llipiu) W' I. Puunly WithludrGnµ un,lrr Ihi• OrdrdNuh„~ h,r• pnuril) rn,~r ,ur1 other b~tpd In,n ~'., urobv SLd~' Lnt .p;.un•I Ihr .,nnu Gu onto. E r'rbodl Ids IrNr• ut rL'ui t huluu• u'r ripl ul du• irobv hu+u pnumq II lhwr .ur I ~~d,•rdl 1,1+ b'u~~• m ~~w'~ 1 pb'a•~• ~ unl,n t Ihu n'qur•Intlt uµuNy li-t.'d below ]. Cunthnung I'u)nu'nl,. Vuu r,m r nnt6uu' svnhhuLl unnnntl• Oum nnnr 1h.ut unu ,~ngdu)r,•/u6hµnr'• un unu' m u •inµlr lr.gnuvtl Gr rdrh all.vu y u'qurr,llnµ wilhln ddinµ Yuu nwd, hi nsu+,v, •~gxu.d"ly ub•1d11) Ihr portion ul the ,inµlr puynn•nl Ihdl i, ulhil nGd4dr In edr h ~'lill Ih 1)'14'/ 111hg1 II S. • R"pnrunµ th~• Pu)riam/f)atn of Wilhhnblinµ Yuu noel report rfu' paytlatuh l,ur nl wllhhnldlnll svh~'n erndinµ Ihr• IraymnN. Thr Irayddd'/d,11u nl withhnldutµ h Ihr dab' un whir h anunmt +++r wilhhrl~l Irnm Ihr rnydn)•r'r''. w,tµr.. Vnu nul•I , unq dy wish Ih" law of Ihu •Ldr al Ihu rnyilup4•'•Addlµur'• poor ip.11 pl,n.• nl rntpluynn'nl wdh n'y ~r~ I w Ihr Got„ lxvbxl• within +shn h you nuM intpbvnrnl the withhublutµ ~ ndrr unit G nw,ml Ihr .uplu nl puym„nl. a ' Enylluyurl061igur wdh ,Muhiplu Support Huhlntµ• II them i• nlnn' Ihun nnu Onh'r/NnGr r In WilhhuGl bu nnu' 61r Sulgrnrl uµ,uml Ihi, ~'ngduyrulubliµnr dlnl you .ur unabb• lu honor nll •uplmn Onb•r/Nn1ii r• Juu W f„dual ur 56ur wilhhnblinµ limit., you noel lullnw Ihr• L1+v nl Ihu •Idb' ul ungduyrr'•/uhliµnr'• Inirn Ip.ll lild~ ~, nt my dny nv'nl. Yuu uu1•I hnnnr all Order/Nu1ir r• Irr Ihr µmdtra r~b•nl pn••ibb• Itirr H7 hrlot+i S. frrmindlinn N~diln atinlt'. Yuu nul•I pn unplly nulity Ihr Nrgw'•1G1µ Aµrrn y s+'h~'n Ihr my duyrr/uhliµnr i• nu lunµur svurkinµ Inr you. Pb'u•r pun-idu Gtr inlunnal6m n'qur•I~'d ,unl nauui .i ~ npy ul Ihi• Order/Nu1ir r In Ihr Aµrm y irb'luilirrl hulusv. WITHHOIDER'SID z~`uo(afnn EMPLOYEE'S/09lIGOR'S NAME. _ ~TEFFEN, THOMAS E, EAIPLOYEE'SCASEIDFNIIFIER 904430051? ,_ DAIFOFSEPARAIION: _ LAST KNOWN HOME ADDRESS NEW EMPIOYEk'S NAME/ADDRESS b. lump Sum Pdynn'nn: Yuu may Lr rrquin4l lu n'pnrl null w'ilhhnlJ In nn lump •um pdymrnl• .a h a, bun u.r•, r nnvni,•iun•, nr .rvrrdnr„ pdy. II you Itdvr ,uty qur,linu, a6uul lump wm pa)nlrnl,, i nnldr I Ihr prr•un ur dully oily Lrluw. 7. lLihllily: II you Idil In w'ilhhoLl irn unti~.1. Ihr OnL`r/Nnlir r,lin4l•, Ynu dru liahb' for both Ihr ai i umul.llril dnAnntl you +huuld have withheld bum Ihr rnyiGryrr/nhliµrn'. ini unU• unJ nlh,•r prndhir• .rl 6y Pr`nn•ylvdni.i 51dp' Insv. R'nmylv.mia SIJIr law µuvrnt• unL••. Ihr uhliµnr i• employed in ,uudhrr 5611„ in +vIW h r ,i.r Ih~~ 1.1sv ul Ihr S6uu in whir h hr ur ,h,• i• „mplnyrJ µuvrnt.. B. Anli,li•c rimindtiun~ Ynu am •uhj~4l In d line rb•Iwmin~•d under Sldp' Lew lur di•r hdrµinµ do nntldnycu/uhliµnr (u nn rmployn»'nl, rrhrinµ lu employ, rn Idkinµ ili•r gdindry ar lion dµain•1 .uty rngdny„r/nhliµor Lrr uu.r of a •uppnrl wilhhuldinµ, Prnn•yh~,miu 56uu L1w µuvrrn. unl,,., the uhliµnr i• rngduyr~l in another SIU1u, in whir h r,1.r Ihr I,tw..f Ihr Slaty in whir h hr v dtu i~ r'Inpluy,•d µuvrrn,. 9.' Withholding Limin: Yuu nt,1y nut wilhhulil mnn• th.ut Ihr I,".rr ui. 11 Ihr .nnounl. dllrwrd Icy Ihi• F'd~'r.tl Qnt•o nrr GrJil Pnrp4li~n Ar 1115 U.S.C. ti 1571 1611; ar J Ihr ,nnuunn ,111uwrrl by Ihr Sldu' rd Ihr rnyiluyru'•/uhliµnr', prior ipal play r of umpluynu'nl. fhr F'~b'ml limit applir• In Ihr.Iµµn•gau• diqunu66' weekly ~'uminµ, IADWEI. ADl'JE i• Ihr n.'1 im unn• IrG dour nt,rkinµ nt.md.dury draw lion, •w h a•'. Sl.u", F'~drr, 11, Irn el tdx,'•; Srn i,11 tiri urity Ln.••; .unl hlrJir .ter Liv'•. 10. 'NOTE: I( you or your agent are solved t+ith a copy of Ibis o«ler in the stale Iha( i»ued the order, you .tee to killo(v' the law of the sate Ihal issued this o«ler with respect to these items. Requesting Agency: If you or your employee/obligor have any questions, DOMESTIC RELAEIONS SECTION contact WAGE AI'fACFIMENT UNIE 13 N. FIANOVER ST by telephone at 1{7 7) 240. 1~ 1~i ar P.O. BOX 320 by FA!( dt (717] 240•G24B or CARLISLE PA 17013 by Internet n( Sen-ice Type p~ Pagc' ? nt 2 Form EN•U2B W'or6er ID 21005 ~, . , r , ADDFNpUM ~umnt v of Cana un AElac hmcnl DefendantlObl{gore STECF6N, TNOpus E. P~5Eti Gl•~~ Numb~`r 4 t 71ox t'rr~ I'AC SE~J~n Number la I till NJlllp Pl.linlill Nano' cr k:HALYN M. H't'IiFPIiN .I. nl AuJC hnu•nl Amnl,ltl w „I ~I hllmnl Amnunl 't~-5oex rtvn~b n.nu b u.oa Childo~`nl'+ NJnml~l DOB Chµdln'nl'. Nanmlrl: DOB ^It r hnc knd, ynu am nvprhnd In ~agnll Ihn r hlldb~ml idrnulin~l abnvn In .Iny I1nJ1111 In\nrJm 1. ~ tryn/Jµn .IKlll.lllln Ihrnuµh Ihn` nnryllnyw`'r/nhliµnr'. nmplnynu•nl. AP CSES C•nn Nurnhnr Plaimill Nunn ur knl Itacl t!au Anunr~ b n.oo Childlnvll'~ N.um`LI: DOB ^ It ~ hn~ kPil, yell dn` p`I lllbnd In mlrUll Ihn t hl lclln'n) idnmi(ie~l ahnve in Jny hnJleh in.wanrn c uvnmµe av,lllabin Ilvnuµh Ihn englluynn'./uhliµor'. entlrlnynv,nl. PACSES CJ~e Number Pklinll l( N,mU' Dnrknl Auac hnuvy Amnunl 3 0.00 Child(mnl'• NJmc`I>I: ,DOB ^II c hor kod, ynu Jm rnrµrhnll w nnndl 11u` rh1611mn1 Idnnlllind ahnvn in Jny hnahh hnurJncn rnv~`roµn avaflahln Ihnnlµh Ihn ~anphlynn'./.ddiµnr'+nmplnynu,nl. PACSES CJ>n Numhnr PLlintlft NJnu` orknl Auachnn`ru Anunnp E u.ao Chlld6nnl'~ N.unn(~1: DOB ^If rhn~kr`d, ynu Jrn nvµrirrol Inrnrnll ehn chlld(rnnl hh`nlilinl I ahnvn In ,Iny hoahh in+uram a rnvnmµo available Ihrnuµh Ihn nnlplnynn'•/nhliµnr'. elttlrlnynh`nL PACSES CJse Nundu`r Plafnriff Name Dni kelknl ~nJr m~,ql Amnunl 5 o.ao ChilJUenl'. Namn(.I: DOB ^It <hnrkcd, ynu aro roquired m onrnll Ihn chllJlren) ^ If rhorknd, you am mquimd to onrnll the rhikllren) idonei(ieJ ahnve In .Iny hi`.11111 InsUfJnn' rnyClJµe availJhl~_` iJrnlifieJ above in Jny hrahh in.uran<n c uvurJµn ava IJbin IhfnUµh Ihn nneplnyrn'dnblig~n'n cmeplnymrnl, rhrnuµh Ihn enlplnyen's/abhgnr's rmplnymenl. Addendum Form EN•01B Service Type M ,,,, ,,,,, ,, , ,I Worker ID 21005 ',.v1..J,~r...l ~~ ~ V ORDERINOTICE TO WITHHOLD INCOME fOR SUPPORT Stott Commonwealt of Pennsvlvania ~ ~ / ~~L, Z~~S~ Co./Clly/Dlst. of CI)MBBR[.AND ~f~ >f S y Date of Order/Notice 12/12/01 ~~ ..~ /j'~yJ Court/Case Number (See Addendum for case summary! EmplnyrrM'llhlxddur'e Fvdural EIN Numl>,~r {I,PAB CLBVBI.AND CBNTER• EmylnyeNWlthMddvr'r N~mi~ C/0 DPAS CODB L ,_ Emhloyor IthMrldr•r'e Addnvn t3ARNIBNMBNT OP3 _ ~ BOX 998002 CLBVBLRND OH 44199-8002 Urlglnal Onlcr/Nullr r• O Amm~dr~d <)nlr„Nntlr n O Tvrnunae• Onlrr/Nuhu ~ Nt;_STEFFEN, TNOMAB E. i Emplnyrn/Uhhµar'e Nemr rLael, Flnr, MII I 195-40-7016 I Engdny~a~lUbllµur'n xnrl~l tier uriry NUmlrv 8044100611 Engilnyar/ULllµnr's ('aw<• Idnnliflrr r5ee Addendum /ar p/ifntlN Hamer uroriated wlfA arer on anacAmenU ('u.lnd{dl Pamnl'~ N~mn d.~nl, Finl, MI; See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to ~Nitltltold Income for 5uppon based upon an order for support from CCJMBBRLAND County, Commonwealth of Pennsylvania, Bylaw, you are required to deduct These amounts from the above•named employee's/obligor's incort)e until further notice even (f the Order/NOtlce Is not Issued by your State. b SoO. 00 per month in current support 5 0.00 per month in past•due support Arrears 12 weeks or greater? Q yes ®no S o. oo per month in medical support S o. oo per rnonth for genetic test costs S per month in other (specify) for a tota of S 500.00 Per month to be forwarded to payee below. You do nut have to vary your pay cycle to be in cornpliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: 5 115.38 per weekly pay period. b 230.77 per biweekly pay period (every two weeks). E z5o. Do per semimonthly pay period (twice a rnonth). E 500 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (101 working days after the date o(this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your tee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings, For the purpose o(the limitation on withholding, the following information is needed (See M9 on pg. 2). If remitting by EFT/EDT, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1.877.676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 171116.9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND 1FiE PACSES MEMBER /D (shown above as the Employee/Obligor's Caseldenti/ier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAZE. BY THE COURT: Date of Order: DEC 1 3 1001 rDtr J~ d'. ~,,~ ~~ Form EN•028 Service Type M c:~~~~,~ ~~• ~~ ~ WorkerlD $IATT ~~IZ.i~.,L.aywFip~ue~ii, ~,a„' .. ~i nn ~../j o/ ~' ~ ` ~ - ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If checked you der required In provide J (npy of this form p) your rmployrr. 1. Priority: Withhuldinµ under this Order/Nrttic r I1J+ p1lUflly n1'rf Jlly nllL•r IrgJl pew rs1 lllldrr $tJ(r IJW JRJIII+I the 1Jlllr illc nlnN, Federal taz levies In eHrct before rer rips of this order have priority. II thrrr• der Frdrrdl tJX levies in rI(rc t please under t Ihr rrqursllnµ agency listed below. 2. Combhting Pryn)enn: Yuu can (untbinr withheld amounts from nuur Ihan one rmployrr/obligor's income Dt J singlr prynteN to each agency requestlnµ withhuldinµ, Yau must, hnWrVrq +rpJralrly Idrlltlfy Ihr pnrbUll (If Iltr 6inµlr pJYnlrnt d1Jt IS allfihdtable t(1 each employee/ohllµor. 3. • Repotting the PaydaM/Dote of Withhnldinµ- 4nu mwt repr)rt ate paydJM/dot' of withlmldlnR whin sending the payment. The psydstddateofwithhnMing i+the date nn which mm~unt wu+ withheld from the employee'+walls. Yuu must comply whh Iltr law of the state of the employee's/ohliµur's prim ipol pla<r nl rmplnyntrnt with rrspr(t to the time periods within which you must Implement the wilhholdinµ order and forward d)r support puynwnh. 4.' Employer/Obliµor wnh htuhiplr Support Hnldinµr If them is nuvr than nor Order/Notice to Withhold huontr (or Support against this employer/obliµnr Jnd you are unable to hrntur all wppnrt Order/Nntil rs due h) Frdrral or Starr wilhhuldinµ lintlts, you mull follow the law of the stJle Of rlllpi(1)'rr'S/ghIIRUr'~ pflnc IpJI plJt r O(rlllplUy nlr111. Ywl I11U+1 I19IlUr Jll QrdrfS/Nnnrrl) to ale gfNJlrRt extent possible. (See M9 below) 5, Termination Nolificatiun: You must pnnnptly notify the Rrqurstinµ Aµenr y when Ihr employer/ohliµor Is no lonµer working for you. Please provide the information rrqurued Jnd return J copy ohhls Order/Notice to the Aµency Identllied below. WITHHOIDER'S ID: 74 9 10 16 7 00 EMPLOYEE'S/OBLIGOR'S NAME: STEFPEN THOMAS E Eh1PLOYFE'S CASE IDENTIFIER: 804100514 D,4TE OF SEPARATION: LAST KNOWN HOh1E ADDRESS: NEW Eh1PLOYER'S NAh1E/ADDRESS: 6. lump Sum Payments: You may hr rryuin~d to report and withhold from lump sum pdyntents such Js bonuses, commissions, ur SBVeranCr pay. If ynU hJVe Jny questlUtl+JI)UJI IUlllp Sll nt pJylllrlll5, t(1nra Cl the persnd elf JW hnflfy bPIUW, 7. Liahlliry: If you fail to withhold inc nmr as the Order/Nnticr directs, ynU Jfe IlJhlr for both the JRUmUIJh!d amowtt you shnuld have withheld from the employee/obligor's inandr and other penalties set by PpI111SyIVJnIJ State law. Pennsylvania State law govems unless the obliµor is employed in Jnothrr Starr, 1111VI71t h t J5r Ihr IJW of the Starr in which hr or she is employed µovems. B. Anthdisrrimindtion: You are suhjec t ru J fine detrrminrd under State law for dischdrµinµ do employee/ouliµor 6om employment, refusinµ to employ, or takinµ diuiplinary action against any employee/ohliµor because of J support withholding. Pennsylvania State IJw governs unless the obliµnr is employed in Jnothrr Starr, in which nsr the law of ate State in which he or she is employed governs. 9.• Withholding Limits: You may not withhold nv)rr than the lesser oL 11 the anu>unts allowed by the Federal Conwmer Credit Protection Act (15 U.S.C. 51675 Ihlt; Or Z) Ihr JIt1UUn15 JilOWed by Ihr $tJtr O( Ihr enl plgyrr's/nhIIROr'S pllnc Ipal plJCe Of Bn1plOYment. The federal limit applies w the aµgrrgatr disp(nahlr weekly rarninµs LADWEI. ADWE Is the net inrontr left Jfter making mandatory deductions such Js: State, Federal, IUr Jl CJ%rs; SUr IJI Srr U(Ily rJ%r5~ Jlld Mrdl(J(r IJXr+. 1 ~. 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: If you or your employee/obligor have any questions, DOhIFSTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER 57 ~ by telephone at (717) 240•G225 or P O. BOX 320 by FAX dt (7171 2x0.6248 or CARLISLE PA 17013 by hrternet Page 2 of 2 Form EN•028 Service Type M ,.,,I.•,, ,:,,, , ,, Worker ID SLATY • ~ ~ DelendantlObligort ~CSESC+s,•,Numh~r ~I~IOSi~r,/:.~~~1~ PlafntlN Nante t7lSMLYN N. BTBPPBN j~~ej nttarhnrent Amount 9*-6092 CIVILf 600.00 Chlld(renYs NJItINl6): ADDENDUM Summary of Cases on Allachmenl 3TEFFEN, THOtAAS E. PACSf 5 Cale Numhw PIJIIIII(f NJltte urket 1LttrchntentAmouB( f 0.00 OQB Child(ren)'s NJntets); DOB If checked, you are required to enroll the child(ren) I entlAed above In any hedhh Inswanre. ruveroge Jvalluble through the employee.'s/obligor's employment PACSES Case Number PlJlnrtff Name Docket Attachment Amount f 0.00 Chlld(ren)'s Name(s): DOB ^ If checked, you are required to enroll the rhlldlren) Identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number PLaI)ttlH N,mt"- Dar et Attachment Amount f a.oo Child(ren)'s Name(sl: DOB ^ If checked, you are required to enroll the chlldlren) Identified atx>ve In any heahh htswance coverage available through the employee's/obligor's employment. PACSES Cas~Nwnber PlJhlt f NJ t) le < c' a ttachment Amount f 0.00 Childlrenl's Name(s); DUB ^ If checked, you are requlred to enroll the chlldlrenl identified above In any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Dnr et Attachment Amount f 0.00 Child(renl's Name(s): DOB ^ If checked, you arc requlred so enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above In any health insurance coverage available. identified above in any health insurance coverage available through the employee's/rbliµor's employment through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT a11H \n.'. 114,'llnll5~ gllbllnn PAr: I Y I I Ilil ~ r r r I r ~ r i I i , I ~ r 1 i ~ r ~ ~. r r r., I r r i. r r r r ! ~ ~ r r r I ~ I o r ` h' I . _ i' r ~ r II ~ i ' r 1 ~'i r . l . . X11 r r r 1 ~ r r ~ i,1 r ~ r, I ' ) r r r r r , r { r r r r r ' I ~ ~ r r r r - - r - 1 I 1 rr. , r ~ r r r r r r ,i ~. ~ 1 ~ ~ r r .. . ~ rl , ~ r r I I ~ ~ r , r~ i r r ~ , r r~r i. i I r i ~ ~ r I ~ ~ ~ ~ r ~ ~ .. ~ r ~ ~ • II I ~~_ ,.. ~r ~ Ida ~'; I I r ~ 1' ~ ~ _ r . ~ • r ~ 1. „ I ', I, ' III ~ rl,' i ~ I I i I I .. I ' r ,r." I ~ ~ , I I ~ ,VIU Mnnx•1 Kiu/e r • KI aAa Nr NNI NVI nNr ' ~ V.tL'llu~ Itnn • Ilniixi.ul nn, Prnnnu+nin'IilUx.l LDn ,.~~ O~ ~~~ (1OI,IINM.N~Ir t~A'I"J.MAN ~x KIIInAIAN, P.(:. rlr ruu vl+ ~1 Lnw , ~ ~ r Q.vent,~ ..._ -~ :_ . I COLDBERG, KATZh(AN 4r BHIPMAN, P.C. Paul J. kiepieito - I.Q. M25454 Attomeye far Defrndant 720 Market Kueet, Puet Oltice I7ux 1268 Flerrieburg, PA 17108.1269 (717)274-AIGI THOMAS E. 5TEFFEN, Plaintiff v. GERALYN M.STEFFEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 5092 CIVIL CIVIL ACTION -LAW IN DIVORCE (/ ORDER I AND NOW, this a day of_ ~~^/'~/~, 2002, upon consideration oftlte within Petition of Goldberg, Katzman & Shipman, P.C. and Paul J. Esposito, Esquire, to withdraw as counsel for Defendant, Geralyn M. Steffen, and the concurrences of Defendant and P. Richard Wagner, Esquire, counsel for Plaintiff, Thomas E. Steffen, which are a part of the Petition, it is hereby ORDERED that the appearances of Goldberg, Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, in behalf of Defendant are hereby withdrawn. j `, J BY THE COURT: /,.'' J. "'U.-_.~ ,,,t + ti~8~c~ 1 . .., 1'• . ~, . i . 1 ~ ~ i , /~ I I i ~ i I , i ~ , I , i ~ .I i i I I. i i. ~ ~ i i. ~ ~ I i. i ~ 'I i i ~ ~ ~ ~ ' i i ~ 1 , ' i 1 , 1 ~ I ~ I ~ ~ i ' i i ~ , ~ ~ -. , , ~ I ' , i I ' ~ .. '. , ~ ~ , ' ~ ' ' I ~ ~ ' , ~ ~ i ' i ~ 1 ~ ~ I ~ I ~ ~ I I, i i i. ~ , I ' ' _ ~ ~ i ~~ ~ ~. i ' ~ ~ i. ~ i. , - I ~ ' i i i ' i f ~ ~ I i i ~ I _. , GOLDBERC, KAT2MAN Is BHtPMAN, P,C, Paul J. liepu~lW • I.l). N23434 Attum~ryr fur UrfcnJrnt 720 tvtukM 9Uat, Purt Ollia Itax 1268 t6rri~burg, PA 17108.1268 p 17) 274.416 1 THOMAS E. STEFFEN, Plaintiff v, GERALYN M. STEFFEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAMA NO. 94 - 5092 CIV1L : CIVIL ACTION -LAW : IN DIVORCE 1. Petitioners ere GOLDBERG, KATZMAN & SHIPMAN, P.C., and PAUL J. ESPOSiTO, ESQUIRE, counsel ofrecord for Geraiyn M. Steffen, Defendant in the above•captioned divorce action. 2. Respondent is Geralyn M. Steffen, Defendant in the above•referenced case. 3. Geralyn M. Steffen has substantially failed to fulfil an obligation to Petitioners regarding Petitioners' services and has been given reasonable warning that Petitioners intended to withdraw unless that obligation was fulfilled. Specifically, Respondent has failed to pay the requested fees. 4. Withdrawal of Petitioners' appearance in this matter on behalf of Geralyn M. Steffen can be accomplished without any material adverse effect on her interests. 5, The moat recent Order In thin cane ~vaa entered by the Honorable J, Wesley Oler, Jr., on December 26, 2001. 6. The parties ere currently participnting in a custody evaluation process with Dr. Arnold Shienvold. There are no hearings or other formal proceedings scheduled. 7. Respondent's consent to Petitioners' withdrawal is attached hereto, 8. The consent of PlaintiR's attorney, P. Richard Wegner, Esquire, is also attached hereto. WHEREFORE, Petitioners respectfully request that this Honorable Court grant them leave to withdraw their appearance on behalf of Geralyn M. Steffen, Defendant in the above•captioned action, and terminate their representation of Geralyn M. Steffen. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P,C. ~~ By ~rr~i % %'~' .L/r PAUL J. ESPO3IT0, ESQUIRE Post Office Box 1268 Harrisburg, PA 17018-1268 Supreme Court ID #25454 VERIFICATION I verify that the atatementa contained in the foregoing PETITION TO WITHDRAW era true and correct to the beat of my knowledge, information end belief. I underetend that false atatementa contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unaworn falaitication to authorities. GOLDBERG, KAT7,MAN & SHIPMAN, P.C. ;'/ Date: ~'lrt~ ~;, ~~„ ~ By. ,?r(.i!%~/~ '. ~CI~, Paul J. Bapopjto, Enquire 40LDBLRG, KAT2MAN 14 BHIPMAN, P.C. p~ul J. Ecpo~ito ~ LU. N254S4 Altomry~ fw DefenJsnt S20 Markrt Btrwt, Puet c)Illca liox 1268 Ilarri~burg, pA 171OB~1268 (71'n 234.4161 THOMAS E. STEEPEN, Plaintiff v, GERALYN ht, STEFCEN, Defendant IN TJ•IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 5092 CIVIL . CIVIL ACTION • LAW : IN DIVORCE [, Geralyn M. Stetl'en, have read and fully understand the Petition to Withdraw appearance and Terminate Representation, and I hereby consent to the relief sought in said petition fully understanding that Goldberg, Katzman & Shipman, P.C., and Pat)I J. Esposito, Esquire, will no longer represent me in this matter. Date: ,~'`~~~~~ 1. G r yn . St ffe , flndant/Respondent 78017.1 GOI,DBERG, KATZMAN 14 sHIPMAN, P,C, Prul J. E~pwito • l.p. M2S454 Attomey~ for pefrndent J20 INuket Street, Poet Oniae l3ox 1268 Herrielxu0, PA U 108.1268 t71'>) 214.4161 THOMAS E, STEEPEN, Plaintitf v, GERALYN M.STEFFEN, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : N0. 94 - 5092 CIVIL C[VIL ACTION -LAW IN DIVORCE [, P. Richard Wegner, Counsel for Plaintiff, Thomas E. Strffen, have read the Petition to Withdraw Appearance and Terminate Representation and in behalfof Pleintiffend hereby consent to the relief sought in said Petition. Date: v/i.r/G,t- ~,.---'_`'---~l ~. _ , •-- ~-~ ~P. Richard Wagner, Counsel for Plaintiff .., . Lnw n!y, . h . I hereby certify thst I served s copy of the foregoing document upon the person(a) ind[cated below by depositing a copy of the same in the United Staten mail, postage prcpeid, st Hsrrisburg, Pennsylvania and addressed as follows: P. Richard Wagner, Esquire Manske, Wagner, Hershey dr; Tully 2233 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Ceralyn M, Steffen I 1 Sunset Circle Mechanicsburg, PA 17055 Defendant GOLDBERG, I{ATZMAN & SBIPMAN, P.C. B ~~ c..~ l'~~ ~~/. ~~ y: _, 't Paul 1<. E pos, ,Esquire Attorney I.D, #25454 320 Market Street, Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: May 2, 2002 7x017. I - , i - ~ i ~ - 1, ~ . . ~ ' ~. - ~, , , ~. ,' i '. ~ ' i i, _ , "' i ~ ~,~. i I' ~ ~ 1 ~ ~ , ~ i I ' ~ ~ I~.i '~ , ~ ~ i ~ i I .) ~ ~ ~ .. ~.~1 i i ~ i i I t .. ~ i i ~ ' q ~ ~ ~ ~ ~ ' ~ ~ i ~ r ~. ~ r ~ THOMAS E. S'PEFFEN, Plaintiff vs. GERALYN M. 6TEFFEN, Defendant IN THE COUR'C OF COMMON NLEAS OF CUMHER[.AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 94 - 5092CIVII, 19 IN DIVORCL•' STATUS SHEET DA'C F.: ACT [ V I'I' T l~] 5 6/8/99 Appt. 6/1/99. Pretrial statements due 7/6/99. -- .. -... r ~ ~ Q ^ ] ~ ' r- 'l` - -- .. , ~ r~ ,, e .. f ~ ,~ C ._ -urn-- ~~, ~~~~ ~ a ~ ~ . nn ~,'-~~ -- ti~-~'~ ___. - ~ r 'J ~ ~ '~' r ,~. ~ ,1',. ,,~. /~, - ~ac,,~i a.~ Y coe r. .r .t ~ G(t/'~Fta.n i.tl .~ .. f~lut..~n'tA /~ i~ni~~ r,~~wR... l ~ _ G ~l'~. fMe.., j~[t [.l rl ~i-~ . 7 ,/~'~ t r r^t[ ~ ~ar.. n./n rl I h ..^ar. ~.r.Q1,tR/'- __. L\.[.[ .. / ~~ ~ is///.N ..t l.,.l.~ 1. :' V l tl~'. ~ ~~~.~~ /f 1'i,V la, 1~~: ~~,~P~L. _..... ~//f •ilI ~/..e. /"~. i.rrCrr r. r r/r~,l ,l,-rt[b~t. rl'L1V)'tl.'-[ se..I rnr tR~ '7 ~~I..~.i /`/i /111~~.b.~!l .Gi~l~'~.~/r~'.d~~;[t.~...~^5N[n w.[.~,~_~Id[~~A ll~~fJ~~.~1 lJ-^t/V~.. t .a.t~a~!.,i+ ~l/lr,'r;~~!•r'r..te~p~ot...rl.a.:~ +w ORRICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717-240.6636 E. Robort Ellekor, 11 Dlvorcrr Marster Tr~el Jo Colyer Ollfce Maneper/Reporter Wort tihoro 697•U371 Ext. 6635 June 8, 1999 P. Richard Wagner, Esquire MANCKE, WAGNER, HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 Paul J. Esposito, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320E Market fittest Strawberry squnre P.O. Box 1268 Harrisburg, PA 17108-1248 RE: Thomas E. Steffen vs. Geralyn M. Steffen No. 94 - 5092 Civil In Divorce Deer Mr. Wagner and Mr. Esposito: By order of Court of President Judge George E. Hoffer dated June 1, 1999, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on September 9, 1994, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The complaint raised the economio issue of equitable distribution. i cannot find an affidavit which was probably filed under Section 3301(d). My assumption is based on the fact that I see a counter-affidavit in the file which was filed on May 17, 1999. If counsel have the affidavit under Section 3301(d), please send me a copy for the Pile. The counter-affidavit indicates that the Defendant wishes to claim economic relief. The only economic claim raised in the proceeding is equitable distribution which was pled in the original complaint. It does not appear as iP grounds for divorce are an r Mr. Wngner end Mr. Esposito, Attorneys nt Lnw 7 June 1999 Pnae 2 issue. I nm going to 8lreot that pre-trial statements bs filed in naaordanae with P.R.C.P. 1920.33(b) by each counsel on or before Tuesday, July 6, 1999. Upon receipt of the pre-trim statements, i will immediately sahedule n pre-hearing aonferenae with counsel to discuss the issues end, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTEt ennetions for failure to file the pre-trial statements are set forth in subdivision (e) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD B£ FILED IN THE MABTER~S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. OFFICE OF DIVOgCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 2A0.6536 [. Rohort [Iloker, II Divorcrr Meaiar Trool Jo Colyor Ollka Menapar/Rrportn June 16, 1999 P. Richard Wagner, Esquire MANCKE, WAGNER, HERSHEY k TULLY 2233 North Front Street Harrisburg, PA 17110 Woot [horo 697.0371 Exl. 6535 Paul J. Esposito, Esquire GOLDBERG, KAT2MAN & 6HIPMAN, P.C. 320E Market Street Strawberry square P.O. Box 1268 Harrisburg, PA 17108-1268 RE: Thomas E. Steffen vs. Geralyn M. Steffen No. 94 - 5092 Civil In Divorce Dear Mr. Wagner and Mr. Esposito: In accordance with Mr. Wagner~s request by latter of June 15, 1999, and there being no objection from Mr. Esposito, Mr. Wagner is directed to file his pretrial statement on or before Friday, July 16, 1999. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to Pile the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THF. ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTERS OFFICE AND A COPY SENT UYRECTLY TO OPPOSING COUNSEL. * FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTERS APPOINTMENT BEING VACATED. THOMAS E. BTEFFEN, Plaintiff V8, GERALYN M. BTEFFEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 5092 CIVIL IN DIVORCE NOTICE OF P RE-HEARING CONF EREN CE TO: P. Richard Waqner , Counsel for Plaintiff Paul J. Esposito , Counsel for Defendant A pre-hearing conference has been scheduled ate the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 9th day of December, 1999, at 9:30 a.m., at which time we. will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 7/20/99 E. Robert Elicker, II Divorce Master r' TFi0MA5 E. S'1'EF.'k'EN, Plaintiff vs, GERALYN M. STECFEN, Defendant REt DATEt t IN THE CUUR'P OF COMMON PLEAS OF t CUMBERLAND GOUN'i'Y, PENNSYLVANIA t t N0. 9q - 5092 CIVIL t t t iN DIVORCE Prehearittg Conference Memorandum Thursday, December 9, 1999 Present for the Plaintiff, Thamas E. Steffen, is attorney P. Richard Wagner, and present for the Defendant, Geralyn M, Steffen, i.s attorney Paul J. Esposito. A divorce complaint was filed on September 9, 1994, raising grounds for divorce of irretrievable breakdown and indignities. Counsel have indicated tktat the parties will sign and file affidavits of consenr_ and waivers of notice of intention to request entry of divorce decree so that the divorce can be roncluded under Section 3301(c) of the Domestic Relations Code. An affidavit under Section 3301(d) was filed on June lb, 1999, averring a separation in excess of two years, since August 1995. However, the parties and counsel have agreed that the separation occurred in September 1999. On July 22, 1999, the Defendant filed a petition raising the addi.t.ional economic claims of alimony and counsel fees and costs. Mr. Wagner indicated that he 'is not going to waive his right to offer marital misconduct testimony inasmuch as wife's actions while she was experiencing an alcohol problem may affect her alimony claim. Mr. Esposito, however, indicates that wife is currently classified as a recovering alcoholic and is not currently having any affects of drinking excessively. The parties are the natural parents of two children who live with the mother, ages 10 and ©. Wife is receiving support for the children in the amount of 51,350.00 per month. According to counsel, she is not specifically receiving, for herself, any alimony pendente lite or spousal support. Husband is 94 years of age artd resides at 103 Strawberry Alley, Shiremanetown, Pennsylvania, where he lives alone. lfe is a captain in the Navy assigned to the Naval installation in Mechanicsburg. According to Mr. Wagner his income Js between S'~5,000,00 to 580,000.00 pBr year. Mr. Wagner is directed to file an income attd expense statement within a month of today's date showing current income for husband and current expetrses. According to Mr. Esposito in December 1998 husband's net monthly income was computed to be ;A, t3GA.00. We do not currently know husband's educational backyrourtd. Husband has trot raised any health issues. Wife is 4?. years of ago and resides at li Sunset Circle, Mechanicsbury, Pennsylvania, where she lives with the two children. Shea is a high school graduate and currently works part-time as a cashier at Giant Foods. According to Mr. Esposito her income was computed in December 1998 to be a monthly net of $873.A1. Wife had previously worked as an executive secretary and husband is claiming that she has the ability to earn more money than she is currently earning. Mr. Wagner reserves the right to have wife evaluated by a vocational expert and will make that decision by January 15, 2000, and so advise Mr. Esposito and Mr. Esposito's client if he intends to engage the services of a vocational expert. Wife, as noted, is a recovering alcoholic but has had. other health problems. According to Mr. Esposito, in August 1999 she suffered a mild heart attack and in April 1999 was diagnosed with a herniated disk which may require surgery. She is currently undergoing therapy as a result of the disk problem. The parties sold the marital home and split the proceeas with each party getting around $9,000.00. They also divided the household tangible personal property so there are no issues with regard to the division of these assets. Counsel have indicated that the division of the proceeds from the sale of home and division of household tangible personal property will remain as previously accomplished and we will not use any values in the equitable distribution computation when we consider the distribution of the other assets. Counsel Have indicated that there is a Chevy van, a Jeep Wrangler and three motorcycles which are in the possession of husband and will probably be valued for purposes of the distribution. Mr. Wagner will make those vehicles available at Mr. Esposito's request for an apE_aisal, if it is requested. The parties have not reported any marital debt. The main asset to be distributed is husband's pension and wife's pension. Wife received hat benefits as a pay out on @'ebruary 13, 1998. The amount wife received was 519,3g1.0U but there is no dispute that the monies that she received are mnrital. With respect to the husband's pension, Mr. Wayner is searching for authority to show that that pension is not subjec;t to the stag courts' jurisdiction. lioweve~r, Mr. Gsposito believes that we can make a recommendation distributing the benefit of that pension. Husband's pension has been valued by Harry Leieter and the Master has sugyested that if there is an issue with the way the pension can be distributed, perhaps Mr. I.eister would t[ave that information to share with counsel. The Master believes that the pension Issue should be resolved by March as well as the matter of having a vocational expert evaluate wife. Consequently, the Master is going to schedule a conference with counsel and the parties for Wednesday, March 22, 2000, at 9:00 a.m. 'this will yive the parties and counsel an opportunity to talk about settlement prior to the hearing. Also, counsel are. requested at that time to bring in a propcsal. Presumably the parties' income and expense statements will have been filed so that they will be available for the Master to review prior to the conference. We also have to consider the alimony claim of wife as part of a total settlement. A hearing is scheduled for Tuesday, June 6, 2000, at 9;00 a.m. Notices will be sent to counsel and the parties. The notices will include the conference date as well as the hearing date. E. Robert Elicker, II Divorce Master cct P. Richard Wagner Attorney at Plaintiff Paul J. Esposito Attorney for Defendant THOMAS E, STEEPEN, Plaintiff VS. GERALYN M. STEEPEN, Defendant IN THE COURT OE' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C I V I L AC'C I ON - Li4W NO, 94 - 5092 Civil IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TOt P. Richard Wagner Thomas F,. Steffen Counsel for Plaintiff Plaintiff Paul. J. Esposito , Counsel for Defendant Geralyn M. Steffen , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 22nd day of March, 2000, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference a hearing will be scheduled at another date. Very truly yours, Date of Notice: 12/9/99 E. Robert Elicker~ II Divorce MasteY THOMAS E. 6TEFFEN, Plaintiff vs. GERALYN M. 6TEFFEN, Defendant IN THE COURT OF COMMON PLEAB OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 5092 CIVIL ACTION - LAW IN pIVORCE ORDER ANp NOTICE BETTING HEARING TOt Thomas E. Steffen Plaintiff P. Richard Wagner Counsel for Plaintiff Geralyn M. Steffen Defendant Paul J. Esposito Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 6th day of June ~ 2000, at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. President Judge Date of Order and Notice: 12/9/99 ey: _ Divorce Master IF' YOU DO NO'f 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 LIBF.Fi'I'Y AVENUE. CARLISLE, PA 17013 TETEPHONE ( 71'/) 249-3166 .., OFFICE OF DIVORCE MA6TER CUMBERLAND COUNIY COUgT OF COMMON PLEAS 8 North Hanover Slreot Carlisle, PA 17013 (717) 2A0~6635 E. Robtrt Ellek~r, II W~at Ebor~ pivorce Mostor 6970371 Exl. 8535 Tnol Jo Colyer OIIIeaMeneprrvRoporter June .16, 2000 P. Richard Wagner, Esquire Paul J. Esposito, Esquire MANCKE, WAGNER, HERSHEY 6 TULLY GOLDBERG, KATZMAN & SHIPMAN 2233 North Front Street 320E Market Street Harrisburg, PA 17110 P.O, t3ox 1268 Harrisburg, PA .17108-1268 RE: Thomas E. Steffen vs. Geralyn M. Steffen No. 9A - 5092 Civil In Divorce Dear Mr. Wagner and Mr, Esposito: Since both counsel have apparently approved the agreement with a few minor changes, I am sending the original document to Mr. Esposito's office for Mr. Esposito to affix his signature and his client's signature and the date. Mr. Esposito should then forward the original, docUntent to Mr. Wagner so that his signature and his cli'ent's signature can be affixed and the document dated. Mr. Wagner should then send a copy of the fully executed 'document to me and to Mr. Esposito at which time I will prepare an order vacating my appointment as Master. Thank your for your continuing cooperation in bringing this matter to conclusion. Very truly yours, E. Robert Flicker, II Divorce Master l.ww orncsN C301.DBERO, KATT.MAN !k SHIPMAN, P.C. UYU NAd%NT dTNBN'1' RONALD M. MATtMAN 0- COUNRtL IAVL J. [[PO4T0 RTNAWUBNNY d4UANd ARiNUR l 601DR[R6 N[IL N[NULR410T r.D. WJ% IW111 / LL[ 4iMMAN J JAY COO-[R NAN NIddlINO. PNN NdYI.VANIA /71Ud•lYUN J08NYAD LOCK TMOMAB L RR[NNCR DONNA RTATLU T8L8rl1UNRl (717) YU1•~1U1 MRII l 6TRAN0•NYTAY rA%' r717) YIIM UNUN NMRY 4 OOLDRtRO 6YY N. MDDNR IID41 • IYY41 J[/-U160N J. 411PMAN IITTrJ/W W W.CINNLAW.COM JGRY J. PY660 MICHA[L J. GOCtN21 CARLIRLL O-IICb TIAOMA6 J. W[B[R 17171 RA!•06Y7 ARNOLD R. ROOAN ROYC[ L MORRI6 YOPR O//IC[ [VAN J. MIIN[. 111 June 15, 2000 ~ 17171 ••0.7418 JOHN pLLDRLNtD 6TCV[N [. OIIYN JOHN R. NINO4(Y E, Robert Flicker, II, EsquUe Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Thomas E. Steffen v. Qeralyn M. Steffen No. 94-5092 Civil Dear Mr. Flicker: I have reviewed the draft of the agreement which was put on the record in the above-referenced case on June 6, 2000, I would submit that one revision should be made in paragraph 4. The second Ilne should read "policy on husband's life with wife as irrevocable beneficiary...". With this revision, I believe the agreement is ready for execution. Might I suggest that if the draft is acceptable to Mr. Steffen, the revised original be sent to me for Ms. Steffen's signature and then I will transmit it to Rich for Mr. Steffen's signature. Please advise. Yours very truly, ,, V`~ ~ PJElvyc Paul J s silo cc: P. Richard Wegner, Esq. THOMAS E. BTEFFEN, Plaintiff vs. f3ERALYN M. BTEFFEN, Defendant IN THE COURT OF COMMON PLEAB OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 5092 CIVIL IN DIVORCE THE MABTERt Today is Tuesday, June 6, 2000. This is the date set For a Master's hearing in the above captioned divorce proceedings. Present are the Plaintiff, Thomas E. Steffen, and his counsel P. Richard Wagner, and the Defendant, Geralyn M. Steffen, and her counsel Paul J. Esposito. This action was commenced by the filing of a divorce complaint on September 9, 199A, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Although husband has filed an affidavit under Section 3301(d), the parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301 (c) of the Domestic Relations Code. Counsel will have seven days from today's date to file the required affidavits and waivers. The parties were married on October 3, 1981, and as of this date, the parties have been separated for a period in excess of two years. The divorce complaint raised the economic claim of equitable distribution; on July 22, 1999, wife filed a petition raising additional ciaS.ms of alitnony, alimony pendente lite, and counsel fees and costs. The parties are the natural parents of two children, ages a and 10. Both children are currently in the custody of wife. The Master has been advised that after considerable negotiations today, the parties have reached a settlement with respect to all of the outstanding economic claims. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Specifically after the agreement is stated on the record and after the parties leave here today, there will be no substantive changes that can be made to the agreement. The agreement will be sent around to counsel and the parties to make any corrections of typographical errors and then the parties will be asked to sign the agreement affirming the terms of settlement as stated on the record at this time. Once the Master has received the signed agreement, he will prepare an order vacating his appointment so that counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Wagner. MR. WAGNBRt Thank you. The parties agree as follower 1. Husband, through his counsel, shall cause to be prepared a Qualified Domestic Relations Order providing that upon retirement of husband from the Navy, wife shall receive a monthly benefit of 5641.00. The said 5641.00 a month payment shall be increased by any percentage of cost of living increase provided by the terms of the pension. 2. Husband agrees that prior to the time of normal retirement, should he be disabled from his employment, he agrees to seek, apply for, and receive his regular retirement so that w.tfe's 5641.00 monthly payment will be paid from that normal retirement program. Any sums received as a result of any disability retirement shall belong to the husband, wife having received her payment of 5641.00 through the normal retirement that husband is obligated to undertake. 3. Husband shall maintain a life insurance policy on his life in the amount of 5200,000.00 with each of his children named as irrevocable beneficiaries until such time that the youngest child reaches age 23. 4. Husband agrees to maintain a 565,000.00 life insurance policy on wife as irrevocable beneficiary until such time as the youngest child reaches the age of 23 then husband agrees to provide 5100,000.00 worth of Life insurance benefit to wife until such time that husband is 75 years of age, 5. Husband shall pay the sum of S50G.00 a month to wife commencing July 1, 2000, and each month thereafter for a period of five years through the Domestic Relations Office. The SS00.00 per month is not subject to modification but will terminate upo[[ the death of either party. The $500,00 will be considered as income for child support purposes calculations only after the first three years of payment. The parties agree that this payment is, although through the Domestic Relations Office, for tax purposes not to be considered alimony and will be considered equitable distribution. 6. Both parties agree to waive any further claims for alimony, alimony pendente lite, and spousal support in the past or in the present as well as counsel fees. 7. Both parties agree not to file any exceptions or appeal from the decision of Judge Bayley entered May 29, ?.000, said order setting forth the disposition and confirming the disposition of other marital assets and marital issues not contained in this agreement. 8. Husband and wife agree that the disposition of the pension as set forth above has taken into consideration both husband's pension as well as wife's pension so tktat wife's pension and/or any proceeds or any property acquired by that shall remain solely the property of the wife. 9. Except as herein otherwise provided, each party may dispose of his or tier property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other exzcute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, a.nd claims. 10. Both parties acknowledge that they have undergone extensive litigation to reach this agreement today including discovery and each party is satisfied that they are fully aware of all assets and liabilities of each party in entering into this particular agreement. I9Ft. WAGNER: Mr. Steffen, sir, you have been present while I dictated this proposed agreement. Did you hear what I said? MR. 3TEFFEN: Yes,'I did. t~fft. WAGNER: Did you understand wYtat I said? MR. 3TEFFEN: Yes, I did. t9Ft. WAGNER: Is there anything today that interferes with or clouds your ability to understand what I said to the Master? MR. BTEFF'EN: No. MR. WACiNER: Knowing what I just said to the Master and knowing that the Master. indicated that the terms that I have dictated constitute an agreement between you and your wife, forever foreclosing all issues as between you and her, except for the breach of the agreement or as we talked, child support or custody, is it your intent and do you desire to have this agreement entered between the parties? MR. STEEPEN: Yes, it is. MR. WAC3NER: Do you have any questions? MR. STEEPEN: No questions. MR. ESPOSITO: Now, Mrs. Steffen, have you been present and have you listened to the terms of the agreement as recited by Mr. Wagner? M3. 3TEFFEN: Yes, I have. MR. ESFOSITO: Did you understand all of the terms as recited by Mr. Wagner? M3. 3TEFFEN: Yes, I have. MR. ESPOSITO: Are you under the influence of alcohol or any drugs, be it prescription or otherwise, which would prevent you from understanding those terms today? M3. STCFFEN: No, I am not. MR. EBPOSITO: Is there any other reason of which you are aware which would prevent you from understand.inq what you have heard today from Mr. Wagner? M8. BTEFFEN: No, there is not. MR. EBPOBITO: Now, with that - - with those responses, is it your intention to have those terms as recited constitute a final, comprehensive, and binding agreement upon both you and Mr. Steffen? M8. 3TEFFEN: Yes. And that did include that he has no claims to my home? MR. EBPOBITO: Yes. I think that was very clear that that was part of the terms recited by counsel. M3. 3TEFFEN: Okay. MR. ESPOBITO: You understand that this is a final agreement] that is, that it is forever binding upon you with respect to the issues which were included in the recitation and that it does not include child support and the issues that are related to that, including child care and medical expenses and private school tuition? M3. 3TEFFEN: Yes, I do. MR. ESPOSITO: You understand that that is a separate matter? M3. 3TEFFEN: Yes, I do. MR. E3FOSITO: Do you have any questions about anything that was recited here today and which has been made a part of the record? MB. BTEFFEN: No, I don't. MR. EBPOBITO: Are you certain of that? M8. BTEFFEN: Yes, I am. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNEBB: DATE: P. Richard Wagner Attorney for Plaintiff Paul J. Eapoaito Attorney for Defendant Thomas E. Bteffen Geralyn M. BtePfan OFFICE OF DIVORCE MASTER CUMOERL~NU COUNIY COURT OF COMMON Pl EAS 9 North Hanover Slrnut CarGslu, PA 17013 (717) 2d0 6635 E. Roborl Elleker, 11 pivorca Maelor Teel Jo Colyer Oltka ManegarrRoporter Wosl Shoro 697.0371 Ext. 6635 June 7, 2000 P. Richard Wagner, Esquire Paul J. Esposito, Esquire MANCKE, WAGNER, HERSHEY 6 TULLY GOLDBERG, KATZMAN, 2233 North Front Street 6 SHIPMAN, P.C. Harrisburg, PA 17110 320E Market Street P.O. Box 1268 Harrisburg, PA 17108•-1268 RE: Thomas E. Steffen vs. Geralyn M. Steffen No. 9A - 5092 Civil In Divorce Dear Mr. Wagner and Mr. Esposito: Enclosed is a draft of the agreement which you put on the record on June 6, 2000. Please review the draft for any corrections with the understanding that no substantive changes can be made. When you have reviewed the draft give us a call and let us know if you want us to send the original to the Plaintiff's attarney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document, I will then obtain a Court order vacating my appointment. Thank you for your contin~)ing cooperation. in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master TNOMAB E. STBFFEN, Plaintif# v. GBRALYN M. BTEFFEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNBYLVANIA CIVIL ACTION - LAW N0. 94-5092 CIVIL TERM BEFORE OLER. J. ORDER OF COURT AND NOW, this Iqt~+ day of Juno, 1995, after aereful consideration of Plaintiff's Petition for Exclusive Possession of Mnrital Home, following a hearing and for the rensons stated in the eccompanyinq Opinion, the Petition is DENIED. BY THE COURT, D . Wesley Oler r., Edward J. Weintraub, Esq. 130 Walnut Street Hnrrisburg, PA 17101 Attorney for Plaintiff . Lawrence F. Clark, Jr., Esq. „d.~• 825 Fishburn Road P.0. Box 555 Hershey, PA 17033 Attorney for Defendant trc JuN I9 .3 is Pk '95 ' a, r~cr ~PIJp~~. ~ r1ti6' 1,4R} ~ ~. ~ ~ ~~ i ', . ~ i ' ' ,~~~ i i ' ~ ~ ' i ~, i ~ ~, ' i ~~ ~ ~ ,~ ' '., ~ , THOMAB B. BTBFFEN, t IN THB COURT OF COMMON PLBAB OF Plaintiff r CUMBERLAND COUNTY, PENNSYLVANIA t v. t CIVIL ACTION - LAW t GERALYN M. BTEFFEN, t Defendant t N0. 94-5092 CIVIL TERM IN REt PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF MARITAL HOME BEFORE OLER, Jt OPINION and ORDER OF COURT Oler, J. The present case ie a divorce nction brought by Thomas B. Steffen (Plaintiff) against Geralyn M. Steffen (Defendant). For disposition at this time is Plaintiff's second petition for exclusive possession of the parties' marital residence. For the reasons stated in this Opinion, the petition will be denied. P~20CEDURAL HISTORY AND STATEMENT OF FACTS Procedural hietorv. Plaintiff commenced this divorce action on September 9, 1994. Grounds for divorce enumerated in the complaint were (a) fault in the form of indignl.tiee under Section 3301(a)(6) of the Divorce Code, (b) irretrievable breakdown accompanied by mutual consent under Section 3301(c) of the Code, and (c) irretrievable breakdown accompanied by two-year separation under Section 3301(d). On November 16, 1994, Plaintiff filed a Petition for Order for Protection from Abuse and a Petition for Exclusive Possession of Marital Residence. A hearing was held on these petitions on Monday, November 28, 1994. At the conclusion of the hearing, the Court issued an order deferring disposition of the petition for N0. 94-5092 CIVIL TERM protection from abuse and denying the petition for exclusive possession. The denial of the latter petition was predicated upon certain representations of Defendant as to her future aonduat.s The deferment of disposition of the petition for protection s The text of the court's order was ns followst AND NOW, this 28th day of November, 1994, upon consideration of the Plaintiff's Petition for Exclusive Possession of Marital Residence and Petition foz Order for Protection from Abuse, and following a hearing, it is ORDERED and DIRECTED ae followss 1. Disposition of the protection from abuse complaint is deferred until Thursday, January 12, 1995, at 4t00 p.m. 2. Pending further Order of Court, the Plaintiff's request for exclusive possession of the marital residence is DENTED upon consideration of the Defendant's representation to the Court that she will not ingest alcohol in any form, that she will continue her outpatient treatment with Mazzitti b Sullivan, and that she will enter inpatient treatment and remain in such treatment until discharged if such treatment is recommended by her counselor. 3. Defendant waives any privilege with respect to release of the recommendations of Mazzitti & Sullivan with respect to inpatient treatment. 4. Plaintiff shall follow the recommendations of Defendant's counselors to support her recovery in whatever form the recommendations take. 5. Nothing in this Order is intended to represent a decision on whether the parties are separated for purposes of the Divorce Code during the parties' residence in the marital home. A continued hearing in these matters, as indicated above, will be held by the Court on Thursday, January 12, 1995, at 4s00 p.m. 2 N0, 94-5092 CIVIL TERM from eb~ee was extended by agreement of counsel on January 11, 1995. However, ne n result of nn incidont of alleged misconduct by Defendant in February of 1995, Plaintiff filed n second, or renewed, Petition for Exclusive Possession of Marital Home and for Order [for) Protection [from) Abuse, on February 28, 1995. A hearing was held by the court on this petition on Thursday, May 11, 1995, at which time Plaintiff's counsel withdrew the petition for protection from abuse, and the Court took under advisement the issue of exclusive possession.' A brief on the issue of exclusive possession was received from Plaintiff's counsel on May 23, 1995. A brief from Defendant's counsel was received on May 25, 1995. Statement of facts.' The parties were married on October 3, 1981. Two children were born of the marriages five-year-old Kathryn Lynn Steffen (d.o.b. June 16, 1989) and three-year-old Michael Thomas Steffen (d.o.b. July 4, 1991). The parties live in a jointly-owned house, with their children, at 432 Lamp Poet Lane, Camp Hill, Cumberland County. Their equity in the $135,000 property is about $41,000. Plaintiff is a commander in the United States Navy, stationed See Order of Court, May 11, 1995. In its recitation of the facts, the Court has considered evidence presented at the hearing on November 28, 1994, and the more recent hearing on May 11, 1995. 3 N0. 94-5092 CIVIL TERM in Washington, D.C., but detailed to the nnvnl fncility in Mechanicsburg, Cumberland County. He is scheduled shortly to become a student at the Army War College in Cnrlisle, Cumberland County. After a term of about ten months at the Wnr College, it ie anticipnted that he will be stationed outside this azen. Defendant is a part-t.ime cashier at a Giant food market in Camp Hill, Cumberland County. She hnd been an executive secretary with the federal government for eighteen years, but in the summer of 1993 began drinking. She eventually left her federal employment under an early retirement program. Defendant has since participated in about ten detoxification or other treatment programs for alcoholism, costing many thousands of dollars. In 1994, Plaintiff paid about $6,000 of theee charges end his insurance covered about $36,000. The alcoholic substance which Aefendant moat commonly consumes is Listerine mouthwash. When Defendant is sober, she cares for the parties' children, prepares meals for the family, engages in her employment and functions relatively normally. There is, however, considerable tension betweRn the parties in the home. in general, the parties i have not transferred their unhappiness with each other to their children. Defendant remained sober from prior to the hearing on November 28, 1994, until Wednesday, February 22, 1995. On that day, Plaintiff arrived home to find that Defendant was at the Camp Hill 4 N0. 94-5092 CIVIL TERM Borough Police Station in Cumberland County. Bhe told him that she hnd been drinking, had hit several parked cars, had been nrrested for driving under the influence and had given a blood sample. The parties' children were at a friend's house.' Plaintiff took Defendant home and checked into a hotel with the parties' children. Defendant remained in a state of intoxication for several days, at times lying in her own excrement. This incident precipitated Plaintiff's second, or renewed, petition for protection from abuse and exclusive possession. As of the hearing on the petition on May 11, 1995, Defendant had remained sober since the February incident. The parties were residing, without happiness, together in the marital residence, with their children. Both parties were continuing to attend to the children's needs and to work at their respective jobs. Defendant recognizes that she is an alcoholic. Although she expresses a desire to continue tkie parties' marriage, she displays no discernible sympathy for the anguist, which her periods of insobriety cause to the Plaintiff, not only in terms of the burdens which devolve upon him when they occur but also in terms of the climate of apprehension which they generate for the future. Defendant suggests that Plaintiff is a poor Catholic for ` The evidence did not .indicate that the parties' children were with Defendant when she was driving. What, if anything, has resulted from any charge of driving under the influence is also not in evidence. 5 N0. 94-6092 CIVIL TERM considering divorce. It does not appear that a divorce on no-fault grounds i^ likely to occur in the immediate future. Nor can the Court presume to predict, on the basis of the limited record before it, that a fault divorce is imminent. No affidavit under Section 3301(c) or Section 33O1(d) of the Divorce Code has been filed by either party. Neither party has requested the appointment of a divorce master. STATEMENT OF LAW With respect to legislative authority for an award of exclusive possession of a family home during the pendency of a divorce action, the Pennsylvania Superior Court has directed attention to a ge~reral statutory provision, presently codified as Section 3323(f) of the Divorce Code, and a more specific provision, presently codified as Section 3502(c) of the Code. Laczkowski v. Leczkowsk~, 344 Pa. Super. 154, 496 A.2d 56 (1985). Section 3323(f) provides as follows Equity power aad jurisdiction of th• court.-In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause.' Act of December 19, 1990, P.L. 1240, §2, 23 Pa. C.S. $3323(f). 6 l ~1 ~f ~A C'.. NO. 94-5092 CIVIL TERM section 3502(x) of the Divorce Code aantaine this lnnguagee lsmily boau.-The court may nward, during the pendency of the nction or otherwise, to one oz both of the pnrties the right to reside in the marital residence.` Where a party to a divorce nction has custody of a child or children of the marriage, an nwerd of temporary exclusive possession of the family home to that party mny, in approprinte airaumstances, effectuate one or more of the legislative policies of the Divorce Code. Laczkowak.i v. Lacakowskt, 344 Pn. Super. 154, 496 A.2d 56 (1985). These policies are expressed in Section 3102(x) of the Code as followsc (a) Policy.-The family is the basic unit in society and the protection and preservation of the family is of paramount public concern, Therefore, it is the policy of the Commonwealth toc (1) Make the law for legal dissolution of marriage effective for dealing with the renlities of matrimonial experience. (2) Encourage and effect reconciliation and settlement of differences between spouses, especially where children are involved. (3) Give primary consideration to the welfare of the family rather than the vindication of private rights or the punishment of matrimonial wrongs. (4) Mitigate the harm to the 7 N0. 94-5092 CIVIL TERM spouses and their children caused by the legal dissolution of the marriage. (5) Seek causes rather than symptoms of family disintegration and cooperate with and utilize the resources available to deal with family problems. (6) Effectuate economic justice between parties who are divorced or separated and grant or withhold alimony according to the actual need and ability to pay of the parties and insure a fair and just determination and settlement of their property rights.' Notwithstanding the authority of a court to exclude a spouse from his or her home during the pendency of a divorce action, this powsr should be exercised very sparingly. As Judge Tamilin observed in writing for the majority in Laczkoweki, "the exclusion of espouse from the marital home during the pendency of a divorce is a harsh remedy that will not be awarded cavalierly. The need for such an award must be clearly evident in the facts of each case." Laczkowski v. Laczkowski, 344 Pa. Super. 154, 166-67, 496 A.2d 56, 62 (1985). Act of December 19, 1990, P.L. ,'1240; S2, 23, Pa. C'. 8. 53302(n). 8 N0. 94-5092 CIVIL TERM APPLICATI9N OF LAW TO FACTS In this difficult case, a number of factors have led the court to resolve the issue of exclusion of Defendant from the family home in favor of Defendant. First, Defendant is joint owner of the residence in question, and it is not clear that she has either the financial means or the emoticnal capacity to sustain n separate household. Second, Defendant generally assists in the care of the parties' children in the home, and the parties have refrained from venting their hostilities upon the children. Third, at the present time Plaintiff is not tl:e sole custodial parent of the children, and no adjudication as to custody has taken place. Fourth, the future duration of Plaintiff's own residency in the home is quite limited at this time by his anticipated transfer out of the area. Finally, whether the instant action for divorce will result in dissolution of the parties' marriage is not at all certain. Under these circumstances, the court is not persuaded that the need for an award of exclusive possession of the family home is "clearly evident." The following Order will therefore be entered: URDER OF COURT AND NOW, this /~~~rc, day of June, 1995, after careful consideration of Plaintiff's Petition for Exclusive Possession of Marital Home, following a hearing and for the reasons stated in the accompanying Opinion, the Petition is DENIED. BY THE COURT, s/ J. Wesley Oler. Jr. J. Wesley Oler, Jr., J. 9 NO. 44-5092 CIVIL TERM Edward J. Weintraub, Esq. 130 Walnut Street ' Harrisburg, PA 17101 Attorney for Plaintiff Lawrence F. Clark, Jr., Esq. 825 Eishburn Rond P.O. Box 555 ~ ' Hershey, PA 17033 Attorney for Defendant arc i ~ i, ~ ~ ~ ~ ~ I ' i i ' ~ - i ~ ~ i i I i i I 1, . . i ~ " ~ i r ~ ~. i i i ~ ' i i ~ ~ ~ ! ~ ~. 10 THOMA6 E. BTEFFEN, t Plaintiff, t v. t t t GERALYN M. STEFFEN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5092 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set lorth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFFS AFFIDAVIT UNDER SECTION 3301,(d) OF THE DIVORCE CODE 1. The parties to this action separated in August of 1995, and have continued to live separate and apart for a period of at least two (2) continuous yeaL•s. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 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 P?.C.S. Section 4904 relating to unsworn falsification to authoritilss,.~ LAw urncbu 6OI.DIiE80, KATZI~[AN $e SHIPNAN, P. C. UYU N1AbbbT OTtlbbT ILONALD M, KAT[MAN Of COUNO[L f LLL {NIIMAN bTYAWbbbIY ggUAUE AMNU114-0OLD{[R6 -AUL J~ [MO{ITO P.O. UDX lNtltl JOONUA D. LOON N[Il NLNp[II{MOT NAgltlp4 pU, P6N NbTL.VAN{A 171Utl~lYtltl J. JAY COOIU iMOMA{L. {I[NN[I 'LELLp110N b: (717) YU+•~Itll J01W A {7ATLLR ~ !A%: b17I U4~.tltlUN NAIIIY { OOlDW10 AIIIL L {TIANO•KUrAY 11bbblbY{I OUY N. {IOOM6 NTTp71W W W.ogtl WW.CUN JLI)G{ON J WIIMAN JUIIY J IIU{{G N[R{NRr ORIC[. MICNA[L J. CIOCW[I 171)1 {OT 40Ap TMOMA{ J. WC{LII AIINOLO { MOOAN CAILIOLL ORICL- [VAl1 J. MLIN[. III ~ 17171 [16.001/7 JONN O[LOICNLO 6TCV[N [. 6{V{\ YORK OffICL. DIANA WOOOMD[ July 21 1999 4171 {+7.701[ J01W A NINO{MY , ' OfAce of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Steffen v. Steffen No. 94-6092 Dear Sir or Madam; Enclosed please find the original and one copy of a Petltlon for Related Clalms for tiling In the above-referenced matter. Kindly return a tlme-stamped copy of the Petltlon to the undersl~ In the self-addressed, stamped envelope which is also enclosed. Thank you for your attentlon to this matter. PJE1vyc Enclosures Yours very Duly, ~0~~ Paul J. Esposito cc: (w/enc) P. Richard Wagner, Esq. E. Robert Elicker, Esq. OOtO[[1~0, ItA1'ZMAN ! {HIMMAN, -.C. Paul 1. Eepoelto ~ I.D. ~2B4t34 AtDOmeye for Dehndent 320 MerWt 9beet, P,o. Box 1269 Hertlebur[, PA 17109.1268 (71T) 234.4161 THOMAS E. STEEPEN, ~IN THE COURT OF COMMON PLEAS PI9lntlff CUMBERLAND COUNTY, PENNSYLVANIA v, : N0, 94.609? GERALYN M. STEEPEN, CIVIL ACTION -LAW Defendant IN DIVORCE PETITION FOR RELATED CLAIM$ UNDEgDIVORCE CODE The petition of Geralyn M. Steffen, by her attorneys, Goldberg, Katzman & Shipman, P.C. end Paul J. Esposito, Esquire, respectfully represents that: 1. Petitioner Is the defendant In the above-captioned divorce matter. 2. Defendant lacks sufficient property to provide for her reasonable means end is unable to adequately support herself through appropriate employment. 3. Defendant requires reasonable support to adequately maintain herself. 4. Defendant requests this court to preserve her right to seek an award of reasonable temporary alimony and additional sums as may become necessary from Ume to Ume hereafter until final hearing and permanent alimony thereafter. 5. Defendant has employed the firm of Goldberg, Katzman & Shipman, P.C. as counsel but Is unable to pay the necessary and reasonable attomeys fees for said counsel. 6. Defendant may be In need of hiring a real estate appraiser end other experts end does not have the lands to pay the necessary end reasonable fees. 7. Defendant requests the Court to allow her reasonable counsel fees, costs end expenses, costs of experts end eppralser pursuant to Sectlon 3602 of the Divorce Code end Rule of Civil Procedure 1920.31 and to order such additional sums thereafter es may be deemed necessary and appropriate, and at final hearing, to further award such additional counsel fees and costs of experts and appraiser as are deemed necessary end appropriate. WHEREFORE, PetlUoner prays this Honorable Court to preserve her claims for alimony, alimony pendente Ilte, counsel fees, costs and expenses whether or not a decree In divorce terminatlng the maniage Is entered pr(or to the final resolutlon of these Issues. GOl11BERG, KATZMAN & SHIPMAN, P.C. i ~ "~ BY ~!~'tcu~ • ~ d-~~ PAUL J. E3--QUIRE 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Supreme Court ID #25454 _ Attorneys for Defendant --° 2 „, . CERTIFICATE QF SERVICE On this _ Z I ~ day of July, 1999, I certify that a copy of the foregoing PETITION FOR RELATED CLAIMS was served upon the following counsel of record for Plaintlff by piecing the same In the United States mail, first class, postage prepaid, addressed as follows: P. Richard Wegner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 (iCLDBER(i, KATZMAN & SHIPMAN, P.C. ' ~ B CLCI %' ~' ,e"' o~,~L~~ y ~~ PAUL J. E3POS ,ESQUIRE ' ~ 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 ' Supreme Court ID #25454 Attorneys for Defendant 4AW U!!IL'Rtl C30LDH$$O, KATZMAft Bc SHIPMAN, P.C. RONALD M. RAitMAN oYU NAH[t R:T nTHRRT OP COUN[[I. P. L[[ 6NIPNAN n'[tAW HKHHY tlpUAHn ARTNNR L OOLDKRO PAUI J. [V061T0 l.0. pD% IYDn JO6NUA D. IOCN N[Il N[NDLRLNOT HAHHI®pU60. l6N NRY 4VANTA 171otl•IYRtl J JAY COOPtl1 TNOMA6C [RCNN[R T64RlHUN R'~ (7/7) YU~.~101 MARRY M 60L0/LRO JOHN A 6TATll.R PA%I (7q( 011~•On UO IIYOI•IYY~I APRIL L 61RANa~MUTAY OUYN [ROON6 HTTNIIWWW.OrnLAW.CON JC77[R[ON J 6NIPMAN JLRRY J W[[0 N[R[NLY 0771CL'~ MICNA[L J CROCLNTI 17171 6ii • RO~• TNOMA6 J W[[[R ARNOLD ~- MOOAN CARLI6LL OP71CL~ [VAN J RLIN[ III 17171 L4t1.OOG7 JOHN OLLORCNtO Jul 1999 2 nr[v[N [ aeun y , roRK omcc DIANA WOObMO[ 1171 SA7.7GIL JONN R. NINOCCY E. Robert Ellcker, li, Esquire Office of D[vorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Thomas E. Steffen v. Geralyn M. Steffen No. 94.5092 Dear Mr. Eliclcer: Enclosed please find the Pre•Trial Statement of Geralyn M. Steffen, Defendant in the above-captioned divorce action. Thank you for your attent[on to this matter. PJE/vyc Enclosure Yours very truly, i ~ ~~% ~~ Paul ), E~posfto cc: P. Richard Wagner, Esq. TKONA6 H. 8THlFHN, Plaintiff v. ~~ ;~, ,'~ v GBRALYN N. BTHFFHN, Defendant t IN THE COURT O! CONISON PLHAB O! t CUA[BHRLAND COUNTY, PHNNBYLVANIA, c ~ ~ , ¢ ~ C~+.~-IL ACTION - LAW r t, ~ NO. 94-5092 CIVIL THRM IN RHt PHTITION POR HXCLUBIVH POSSH88I0N OF MARITAL RHBIDHNCS ANA PHTITION FOR ORDHR FOR PROTHCTION BRON AHUBH AND NOW, thi• 28th day of November, 1994, upoa aonaideration of the Plaintiff's Petition for Hxaluaive Posaeaaion of Marital Residence and Petition !or Order for Protection from Abuse, and following a hearing, it i• ORABRHD and DIRHCTHD as follower 1. Diapoaition of the protection from abua• complaint i• deferred until Thursday, January 12, 1995, at 4e00 p.m. 2. Pending further Order of Court, the Plaintif!'^ request for exaluaivs poaseaaion of the marital residence is DHNIED upon aonaideration of the Defendant's representation to the Court that she will not ingest alcohol ~n any form, that she will continue her outpatient treatment with Nazaitti & Sullivan, and that she will enter inpatient treatment and remain in ouch treatment until diaaharged if •uah treatment i• recommended by her counselor. 3. Defendant waives any privilege with rerpeat to rsleaa• of the recommendations of Maaaitti & Sullivan with reapeat to inpatient treatment. 4, plaintiff shall Delendant'• counselors to support the reoommendations take. b. Nothing in thi• a decision on whether the partie^ the Divoroe Code during the psrti home. follow the recommendations of her recovery in whatever form Order is intended to represent are separated for purposes of as' residence in the masitrl A aontinusd hearing in thaw matters, •• indicated above, will be held by the Court on Thursday, January iZ, 1995, at 4t00 p.m. Sy the Court, '1 !' r-. ,~. . J. Wesley Ole , Jr., ffidward J. Weintraub, Esquire Counsel !or plaintiff Lawrena• 8. Clark, ffisquirs , Counsel !or Deieadaat , ~slr I I I ~ i i V ~ ~ r r ~ 1 ~ i ~ ~ i i i I I r III . ~'1 i i ~ ' , i i i i ~ ~ ~ ~ ' I ~ ' ~ .i ' ~ ~ ' 1 ~ i i ~ ~ ~ ' i i i ~ ~ ~ o 'i 1 ~ ~ f ~ ' ~ ,' ', ~ k,S; I ~ n r , ~, s ~ ~ , i ~. 71 ~~ i ~`1 ~' i ~ ~ ~ ~ , ~~l ~.i~i~ GQ1~1~1RD M ~f~~~ ' 1 1J01NA1.NUT litRtLT ~ ~~'s~~'~ -IARI4b9U1t4, RFNMBYLVMM t7}Ol ~ ',` ;~,,,~i;" 17171 laItZY00 ' .L . FAx 17171 @JL9RBb ' ' ~ ~ .,,~- ~--,-a _ .._ THOMAS E. STEEPEN, Plnintiff vs. GERALYN M. STEEPEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-5092 CIVIL TERM ~RTIFICATE OF SERVICE I, Edward J. Weintraub, Esquire, do hereby certify thnt on the 21st day of November 1994, i served a true and correct copy of the Petition For Order For Protection From Abuse upon Counsel for Defendant by depositing same in the United States Mail, Harrisburg, Pennsylvania, Certified/Return Receipt Requested, addressed as follows: Larry Clark, Esquire 825 Fishburn Road Hershey, PA 17033 ~-- ~. Edward J. Weintraub, Esquire 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 IDN17441 Counsel for Plaintiff 1 I. I 1 I I i I I , I ' ~ ~ 1 I ~ ' 1 i r ~ 1 I ~ N ~ ~ „~ ~~ ' ~' I I _4a~ ~ 1 •~ C r V i i ~ , ' ~ ~ i i ~ ~ 1 ~ r , ~ I i i i r I ii 1 , ' i , ~ i~ I I i i i ~ ~ ~ i I I ' I i I ~ rT~~" ' rlMi (1' ~ ~ I J v 1` ~ T. 1 T 1 ({d~it'1/',~11i 1 I I II I 1, I 1 ~! py t I II11 I) /~ ~ I I 1 I I I I li '.. ry' ~ Ildr~f ipt 1 1 I I 1 I 1-~, 1 ~ I ,~I I M ' ~Y.. 1,C4r iJtit ., 'I. rW It/I Il.~~h ~~ ' ~ I ~ ~ ~ ~ ~ ~ 'ICU I1~; '1 ' i ~ .'.I ~~~ Vc., , ~ i ~ ~ i 'IF 1 ,~ . i 1~~ fli l~ n~i.~ "`~""1 it ~., NAII~gGIAd;~~M1INR~f(.VAl+ut 11W1 ' 1~ 1 ,~I 1 1 'i 1 ,, I nlri nn~oo ~ r~li al~n ntr+ao ,. , .. .. ._. ... .~. _..__~~~.^...r~.._._.._. .. ... ...1 __. __-_ THOMAS E. 6TEFFEN, Plaintiff vs. GERALYN M. STEEPEN, Defendant t IN THE COURT OF COMMON PLEA6 t CUMBERLAND COUNTY, PENNSYLVANIA t t CIVIL ACTION - LAW t t t NO, 94-5092 CIVIL TERM I, Edwerd J. Weintraub, Esquire, do hereby certify that on the 22nd day of November 1994, I served a true end correct copy of the Petition For Exclusive Possession Of Marital Residence upon Counsel for Defendant by depositing same in the United States Mail, Harrisburg, Pennsylvania, Certified/Return Receipt Requested, addressed as follows: Larry Clark, Esquire 825 Fishburn Road Hershey, PA 17033 L/`~ _ 1 E--~ ein~ Esqu re 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 IDN17441 1 Counsel for Plaintiff it ~ 1~'~ i I~. I 7 ( ~I ! ~ 1~ ~t i"5 ~a irI ~Vr 1 ~v i ~ ~ t i .7 1 v1t 1 T/ ~' w ~A ~e!'!t ~ ii ~ ii ~' ~ v~~~~~~1 ~{I 1 ~' fi I 1151 ?~ i ~ ' 4 ~ ~) v ~1hj ~ ~l7 11} v v ~ v h f t ,. 7 vj ~ ~ ~) 7~} Y v i 1 I ~ i. i i t i - i ~ i , Y t ~ !J, I Iv IiE3j THOMAS B. BTBFFEN, t Plaintiff t t v. t t GBRALYN M. BTBFFEN, t Defendant t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNBYLVANIA CIVIL ACTION - LAW N0. 94-5092 CIVIL TERM IN REt PETITION FOR EXCLUSIVE POBBBB~,'~ON OF MARITAL RESIDENCE AND PETITION FOR Q$pER FOR PROTECTION FROM AAUBE ORDER OF COURT AND NOW, this (~~ dey of January, 1995, upon consideration of the attached letter from Edward J. Weintraub, Esq., attorney for Plaintiff, the hearing previously scheduled for January 12, 1995, ie RESCHEDULED to Thursday, April 20, 1995, nt 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, i~ J esley Ole ;- r., Edward J. Weintraub, Eeq. ~ 130 Walnut Street ~~ Harrisburg, PA 17=101 ~~, Attorney for Plaintiff ,t, \~ ^ ~~\r~ Lawrence Clark, Esq. 825 Fishburn Rond Hershey, PA 17033 Attorney for Defendant tra 1 ~GII ~ ~ ~I) ':0 Q~~ ~~5 i ~~ i 'i ,~ ,, ' ~. ~ i i ' ~ ~ i ~ ~ i i ~ n ,,. ~ , i i q' I ' ~ ~ ~ ~ ~ i ~ i , ~ ~ ~. ~~ i i ~ ~ i ~ i I ~ ~ ~ ~ i ~ i 1 i r i i ~ i r I ~ I, ~. ~ ~ 1 ~ ~ i ~ I Fr~_~n Ed Ilrln!r:11,1_ 1'NUllli Ibc~. 717 ... ':'•':_;~~~ L~~a ilk 1`~.q`. ll:-~idi POs' LAW AFIrICI. EDWARD J. WEINTRAUB I:u! wnl.lvur n1nPt'r slAlll!1-UVps, vrNN~w VANIA 17101 I'/Itl :,.(N 9lIW DAIt 171'/1 Y1N'12Xn January ld, 1945 k t~~GP_ Nnn. .7. Weuloy Olar, Jr., J. Cumborland Cnunty, rnurt.hnunr. 1 CnurthAUett Syuarn ' Carlisle, PA 17013 in Re: Ct.effen 9A-5092 Civil Dear ,judge Olorr i reprr:yent Tom Gtol;fe• and I,nrry C1nrk rupronentn hie wife Lynn, au you prohehly rncnll. gy pt.dr:r of November 2Qr lOD4, you deforrud nr•tinn rtn Mr. 5(FtP fRll•M MvLiotus h'or PYOtoct i.ou From Abuse end NxrlnP iVA F.'onetle,!tlon 01 Idr,rltol Itmn.idnnCn until .Tannery l'!., 1995, tp nns! iC Nr su:ffen could ~wlL.inue ltnr ebstinencn frum alr:ahol end Lsurour. ( ran Lnu:nt . I uw E,laee~d to roporL that Tnm tolls me Lynn in dr,inq well, is nuL drinkluy, In yo.inc~ to A.A. meot•.inclt rt+<,lulnYly And iu Pursuing a,n!:anal.vc ouCpntiwns'. Lreatm~nt. Wil.h Lha joinder of Lrtrry Clark, rsyuire, i redunnt•. t.hnt you cr~ntznua your Novenllser 2B, 1994 Orr.9er for ninety (9U) drays And Cnt n nuw honrind date for mirl-Aitr•il. sy copy of. th15 1nt.Le;i Lu :iemuel Andrn, I".r:xiu.iri,, Larry and I are elan aetking that; the Custody Conciliation Conferenr,e scheduled for February la, 199.5 also br: tr!uchh~luled for mid-April. Vary ,~ly yours, ~.,._ ~ Rdwu d T. Weintraub F.7W: jlq c:c! f;uwuel Andto, Cxy. (I'nxod) Lut I y clerk, Rnq, (I•'nxrtd) Thrnnac. Steffen ' ';~W ~ l'~9.5 1 Err"'"" ~ r ~ gip{ ~,p. ICNNb1h.VANtA ~7I01 ~ 1 ~ ~ ~~'~~1.'; ' , ,I ~ ~ ~ ~ 1717) >t~t2W. 1'AX 17171 9~L9~eD ~ ~' ' ~ `"'"!'~ ~ i ~ ~, THOMAS E. 6TEFFEN, t IN THE COURT OF COMMON PLEA6 Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t vs. t t N0. 94-5092 CIVIL TERM GERALYN M. STEEPEN, t Defendant t IN DIVORCE (Petition For Exclusive t Possession of Marital Reeidene end t Petiton For Order For Protection t From Abuse) ~RTIFICATE OF SERVICE I, Edward J. Weintraub, Esquire, do hereby certify that on the 10th day of March 1995, i served a true and correct copy of Order of Judge Oler, dated March 8, 1995, regarding the above captioned matter upon Counsel for Defendant by depositing some in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage pre-paid, addressed as follows: Lawrence Clark, Esquire 825 Fishburn Road Hershey,PA 17033 ~~ ~ --- Edward J. eintraub, Esqu re 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 IDM17441 Counsel for Plaintiff i, THOMAB E. STBFFEN, Plaintiff ve. GERALYN M. BTEFFEN, Defendant t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYLVANIA i t NO. 94-5092 CIVIf, TERM t t IN DIVORCE - PETITION FOR EXCLUSIVE t POSSESSION OF MARITAL RESIDENCE CIIERTIFICATE OF SERVICE i, _ ~C Y_) ~- , hereby certify that on the 9th day of Mey, 1995, I served a Subpoena in reference to the above captioned matter upon Mazzitti and Sullivan and Melissa Cnrperter, by personal service at 4819 E. Trindle Rond, Mecharicsburq, Pennsylvania 17055. l Deb Dee Capital Messenger Service 3?.01 Wayne Street ' Harrisburg, PA 17111 "We Delluer Same Doy" N ~,_ :+utt C wnvnr, s'rltta:'r Wrench HANItI51iUHc;. I'A 1711 i 17171 blil 77H2 hu1RlJunl NnnrY Cnngrngy N nrY -- ~ ~ ,~- ndrn."s ~~ i~ 1. ' ~ ~ l ~ ( % i i ~ ~ Clly 51. lri:1 ,iy -.._._.-.. •-6rdwldunl Nnrnv tnmp.lry Nmno ~ ~ ~ ~ i ,, I . , / Adrhvnl I ~_.---_, _.. _ tilelY Zlp /III Clly i ' ' ' ' %~'f -- ---- ~--• ' pnln -^ -- '--~-~-~~~~-~ Ptrkup ktlll Nu - ~ W IIIIIY Nn I Iw .n Wmphl ~ MII0IQY litll In ~ IIYIIM~ _ dnb No --- _'-. _~ -. _._. / ~. .. `~ I .. _._. .... _ _.__. _ tiip\nwlu Ifill Nn ~ __ - - ....- . lhww'Nu ) -..._.-1.--~_. I)IIY Ihlr V ..~. r~+<.w.rwr n.mn wnn '~'--- "We Delluer Same Day" Nor CAPITAL' Branch ME8$E~GER cull (: wnvNt: ~,rltla:r 11nRItISIiUIt(1, I'n 17111 SERVICE, ANC. rn71 r,llt 77Kz .._-._---. _-_-.._.___ . InrLvlduul Nnma .- - _.. ~. Inrha~luul Nnnw - -_"-- _ .. _.. _ Gill lyrlpy Nd111V ~ ~ (. gII1~INly NAIIrY ~ / r r ! ~ ~ ~ .. ~ ..... ~~ ( ~ ~ 1 ~ ~ ~ ~ ~ .__. _- L...., AdrhY+v .... . ... ~ MLhv„ ' , ~ ' i -~.~ .---- . - c'nv ~ tilnly . .. /IP llly hlnlY I /ql J _T __ Uolo PRkup Hdl Nn __ n 14vr v, wghl IIIIrY Mil a _~ IIIY _ . Inh Nn 4 _ .__.. ~ -. ~ ._. . , DYI _ ., ~. 11JI e, I 1 I -_---'---- - Udwl Nrr Pncv ' NYm+llkl r _ r~ ~~-ri~w np ~.rwr n. nip w nn r:'r.rr,;ln;~ui ~.~i 1crr::;YLVAr;1~~ r THOMAS E. S'1'EE'E'ENr t Plalntlff ) File No. qQ-Kp97 jVIL. TERM V5. r GERALYN M. 59'EFE'EN, r Defondant :+ '~ H P 0_L' N A 'IC):Meli~sa Carpenter, Ma2xitti 8 Sullivan, 481,9 E. Trindle Road, Mechanicsburg, PA 17055 1. Y.::.: ;u•c •_~rdrr.~d by the ucart t~.r c~xirs to Courtroom No. 5, Thursday, May 11,1995, at_i:JU t:.m., Cwnberl.ui~l County CuurChuusu, C'.rrlislc, PA 17013. (Specify courtroom or other place) at Cumberland County COyrtt)ouse, Cumberlanr~ounty, Pennsylvania, qn May 11, 1995 at_.3~011_-_..•--_.._ _.. '•%'<'ltxh, ___ P^M„ to tastily on behalf of Thomas L. Steffen --r .,~,__ .. in the above case, and to retr~tt..n until excused. 2. And bring with you the follow.tngc All records and recommendations for __ou~at,ientt inpatient or other treatment relating to Geralyn M. Steffen. .f you fail to attend cr tc. produce the docun>ents or ttan,s recP.:_'rec: by true subpc you may be subject to the set)ct_ons authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not lirntted to costs, attorney fees and imprisonment. I5Sl1F.D HY ,1 PAk'I'YiCUUNSEL 1N CC)n!CLiM1C'E WZTEI Pa. R. C. P. No. 234.2(a) rv:•4; 4:dward J. Weintraub, l•ayurrc ADDRGSSc l!0 Walnut Strait Harrisburg, PA 17101 TEC.EPfIOt~c( 71.7) 238-2200 SUPkC1•tE CLt:Frl' lUn 17441 SY TE[E COUFT: DATE s ~ - ~/-~~5~ Saa1 of tha Court Prothonotary, Civil Division Deputy OFFICIA:. NOTEt This form of subpoena shall be used whenever a subpoena is issuable, .including hearings in connect ton with depositions and before arbitrators, masters, Corn^.ar'•u,ners, etc. in conj,:;~rncc •Nah F's.R.C.P. No. 234.1, Z_' a sutpocna for production of ocx:W~ur.:a, records or :r._r;., __ u,a_t'ed, ca,~autc parayrul:n Z, (Rev. 1/90) ~ : (~': :."4'l; i, u~11 Illl~lt l-tA~tOG ~.. I, ~;L ..;,t , ~ Na. 8.°~C33 ~~~ • ~.1..,.~.,, 1 I ,, "Ill?~~ifY:, I'' ~ ,~~ ~ ,i. ., I L., „f "tl' '~'tl 11 i i ~ ~. T;,t,:,r'r~.~i u ~.~,,~;1,;,,t)'.~ I r"rrrr I irau:r,r. r;~,, e~oti i ~ i SuL?G~~Fr,^ ~ „, ;'TG? ~'~L1r;N;.'I~+L,(IrID (:!~llrtTV GENERAL FUND .,~~ ., ~I r I I, I i I ' ' ~ i i ~ I - ~ ~ ~ i ~ ' ~ i ~ i . 1 1 I i ~. ~ 1• ~ ~ ' i '' ~ I ~ ' ~ - I ~ i ~ i r „ i ~ i i i I ~ ' r I 1 i ' 1 1 1 i ~ I. ' 1 ~ 1 i ~ 1 i I i ~ ~ ' i I . ~ ~ ~ N . '' G7 ,? i i ~ i i i ~ .. ' THOMAS E. BTEFFEN, Pleintiit v. 6ERALYN M. BTEFFEN, Defendant t IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA t t CIVIL ACTION - LAW i t t 9A-5092 CIVIL TERM ORDER qF COURT AND NOW, this 11th day of Mny, 1998, upon consideration of the Petition for Exclusive Possession o! Marital Residence end the Petition for order for Protection From Abuse, the Petition for Order Por Protection From Abuse, pursuant to nn agreement of counsel, is withdrawn, and the wetter of exclusive possession is taken under advisement. Counsel ere requested to furnish briefs to the Court on this issue withih 10 days of today~s date. By the Court, J. Bslay Ole r., EDWARD J. WEINTRAUB, ESQUIRE For the Plaintiff - LAWRENCE F. CLARK, JR., ESQUIRE For the Defendant wcy ~.a'. 4!r ~.,, THOMAB E. BTEFFEN, Plaintiff v. OERALYN M. BTEFFEN, Defendant IN THE COURT OF COMMON PLEAB OF CUMBERLAND COUNTY, PENNBYLVANIA CIVIL ACTION - LAW N0. 94-5092 CIVIL TERM IN REt PETITION FOR XCLUSIVE POSSESSION OF M~$ITAL RESIDENCE ORDER OF COURT AND NOW, this 2z~d day of May, 1995, upon agreement of aouneel, the deadline for briefs previously requested in this matter on the Petition for Exclusive Possession of Marital Residence is HEREBY EXTENDED until May 25, 1995. BY THE COURT, _ Gam' J. Wesley Oler/ Edward J. Weintraub, Esq. 130 Walnut Street Harrisburg, PA 17101 Attorney for Plaintiff Lawrence F. Clark, Jr., Esq. 625 Fishburn Rogd_ Hershey, PA 1707.7 Attorney for Defendant trc -, >'1 uU ~~' ~.. ai, ~.., 1 THOMAB 8. BTEFFEN, t Plaintiff t t V. t t 4ERALYN M. BTEFFEN, t Defendant t ~ 1 r..-.--~--_ ...... IN THE COURT Or' COMMON PLBAB OF CUMBERLAND COUNTY, PENN6YLVANIA CIVIL ACTION - LAW N0. 94-5092 CIVIL TERM ORDER OF COURT AND NOW, this (~'~'~ day of November, 1994, upon consideration of the Petition For Exclusive Possession Of Marital Residence and the Petition For Order For Protection From Abuse filed in the above matter, a hearing is SCHEDULED for Monday, November 28, 1994, nt 9100 n.m., in Courtroom No. 5, Cumberland County Courthouse, Cerliele, Pennsylvania. BY THE COURT, J. esley 0 r J / Jo Edward J. Weintraub, Esq. _ C,~u~ muk~,.C ii~~t~9y. 130 Walnut street ~ ~, Harrisburg, Pa 17101 Attorney for Plaintiff Larry Clark, Esq. 825 Fiahburn Road r, ~ Hershey, PA 17033 .~,;±I ,~` Attorney for Defendant l~, ~~ c rc II ,i A,i ,, ~,, :~~~, hG~ Wd Zz h i.l gall z ~, '', I 4Fr ICI f~ r ~'..+. r' 'Y r' M I I I i yr r ~ I yy ,yu'qq..; I I '. ItlYr+y lrl-..'~~' iri I I ''i'' 1 14 .fit, ~ ,yl , I , ~~~. Yy a ;y 1 . ~ i~l'y''•1~ r ' ' ~ ' 'a' =~ r ~ I . , li 1 IrL ' 1 ~ is ~~ ~ ',;: • r r L ~ 11 r'~5 ' t~ LAW O~FIC6 ,~ ;~„t~ ~ " ~~r~ i r 1,~ 1 NOVr,I~~ ~ ~' I .. ~• ... ' i.~~ I "" '" ~ '' EDIAMRD ,~1. WEINTRAUM~ ~ ~ ' ' . 1"~ID WALNUT 6TRLIIT , ~ r wuaiwtma, pu+nsvLVAN-~ aloi `-' 17171 7~WRA00 ~_ ~_. ~ fAX 1717p TIIbiRl0~~_ THOMAS E. 6TEFFEN 432 Lamp Post Lane Cemp Hill, PA 17011 Plaintiff vs. GERALYN M. STEFFEN 432 Lemp Post Lene Camp Hill, PA 17011 Defendant t IN THE COURT OF COMMON PLEA6 : CUMBERLAND COUNTY, PENNSYLVANIA t c : NO. 94 5092 CIVIL TERM t CIVIL ACTION - LAW t : PROTECTION FROM ABUSE O R D E R AND NOW, this day of , 1994, under the authority of the Pennsylvania Protection From Abuse Act, the Defendant, Geralyn M. Steffen, is hereby Further Ordered and Directed as follower 1. Defendant shall not abuse, physically touch, stalk, harass or threaten Plaintiff or her children Kathryn Steffen and Michael Steffen. Effective from , 1994 to 1995. 2. During the same period of time, Defendant is excluded from the following premises: a) her home at 432 Lamp Post lane Camp Hill, PA 17011 3. Defendant shall rot contact Plaintiff in person or by telephone, except to arrange for supervised visitation with her children. 4. Defendant shall have only supervised visitation with her children until her chemical dependency recovery resumes and progresses. 5. Defendant is encouraged to resume and continue her chemical dependency recovery. A photocopy of this Order shall be filed with the police department for the above premises and shall be sufficient to constitute the Court s authorization for enforcement. BY THE COURT: J. VIOLATION OF THI6 ORDER I6 PUNISHABLE BY IMPRISONMENT FOR UP TO SIX (6) MONTH6 OR A FINE NOT TO EXCEED $1,000 OR BOTH. , TO THE POLYCE Under the Pennsylvania Protection From Abuse Act, you nre authorized to arrest the Defendant for a violation of this Order without wnrrant upon probable cause whether or not the violation was committed in your presence. The Defendant is to be taken forthwith before a district justice for preliminary arraignment. ~~ ~ ~ ~ , i ~, , ~ ~ i ~ i ' .. ~ ' ' i i ~. ~. r ~ I ~ ' ~ ' i ~ i ~ ~ ~ I ~ i ~ ~ .. ~ i ' ~ ~ r ~ ~ ~ i THOMAS E. 6TEFFEN, 432 i,nmp Post Lnne Camp Nill, PA 17011 Plaintiff vs. GERALYN M. STEb'FEN 432 Lamp Post Lnne Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAN[i COUNTY, PENNSYLVANIA NO. 94 5092 CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY ORDER UNDER SECTION 10185 OF ~~,PROTECTION FROM ABUSE AC'P AND NOW, this day of , 1994, this Court having found that good cause exists to enter an Amended Order pursuant to Section 10185 of the Protection From Abuse Actj IT IS HEREBY ORDERED AND DECREED that Defendant, Geralyn M. Steffen, is restrained from physically striking, stalking, abusing, harassing, threatening or contacting Plaintiff Thomas E. Steffen and her children Kathryn Steffen Michael Steffen, and from visiting, entering or attempting to enter 432 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania, or any subsequent residence of Plaintiff. This Order shall remain in effect until the hearing in the above captioned matter. The sheriff is directed to serve a copy of this Order and the accompanying Petition on the Defendant without prepayment of costs. p Upon presentagtionA~ of ra ~ o~y of this Order, the Police De artments servin M~o~ft#e shall enforce this Order and shall arrest the Defendant if she fails to comply with the Order. BY THE COURT: J. TF{OMA6 E. STEFFEN 432 Lemp Post Lane Camp Hill, PA 17011 Plaintiff vs. GERALYN M. STEFFEN 432 Lamp Post Lane Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 94 5092 CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE NOTICE TO DEFEND YOU HAVE BE~N,SUED IN COURT. The Plaintiff is the person suing on behnlf of the abused persons. Attached is a copy of the Petition which indicates the relief the Plaintiff ie requesting. Also included in the Petition are Plaintiffs reasons for these requests. You must appear at the hearing on the day of 1994, at .M. in the assigned courtroom of the Court of Common Pleas of this County, located at 1 Courthouse Square, Carlisle, Pennsylvania 17013. If you do not appear at the hearing at that time end place, the order requested by Plaintiff may be granted in your absence, end you may lose money or property rights or other rights important to you, and/or a bench warrant may be issued directing the sheriff to bring you into Court. If a copy of a TEMPORARY ORDaR is attached, you must obey it until the hearing. if you do not obey, the police can arrest you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE ', CARLISLE, PA 17013 (717) 240-6200 THOMAS E. 6TEFFEN 432 Lamp Post Lnne Camp Hill, PA 17011 Plaintiff vs. GERALYN M. 6'PEFFEN 432 Lamp Poet Lnne Camp Hill, PA 17011 Defendant t IN THE COURT OF COMMON PLEA t CUMBERLAND COUNTY, PENNSYLVANIA t NO. 94 5092 CIVIL TERM CIVIL ACTION - LAW t PROTECTION FROM ABUSE Le hen demandado a usted en la torte. Si usted qufere defenderse de estas demandas expuestas en las paginas suguientes, usted tiene viente (20) dies de plazo al pertir de In fecha de la demands y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y erchivar en la torte en forma escrite sus defenses o sus objecionas a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomare medidas y puede entrar una Orden contra usted sin previo av.iso o notification y por cualquier queja o alivio que es pedido en la petition de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABODAGA IMMEDIATAMENTE. SI NO TIENE ABOGAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRCCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 THOMAS E. 6TEFFEN 432 Lnmp Post Lane camp Hill, PA 17011 Plaintiff vs. GERALYN M. 6TEFFEN 432 Lamp Post Lane Camp Hill, PA 17011 Defendant t IN THE COURT OF COMMON PLEA6 t CUMBERLAND COUNTY, PENNSYLVANIA t t t t N0. 94 5092 CIVIL TERM t CIVIL ACTION - LAW t c t PROTECTION FROM ABUSE PETITION FOR ORDER FOR PROTECTION FROM ABUT, AND NOW, the Plaintiff, Thomas E. Steffen, by his attorney, Edward J. Weintraub, Esquire, pursuant to the provisions of the Protection From Abuse Act, 35 P.S., Sections 10181, et seq., respectfully represent as follows: 1. Plaintiff is an adult individual residing at 432 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is an adult individual residing at 432 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties were married October 3, 1981 and Plaintiff filed for divorce on September 9, 1994, No. 94 5092 Civil 'Perm, Cumberland County. 4. Defendant suffers from chronic alcoholism and continues to place Plaintiff and her children by physical menace in fear of imminent serious bodily injury, inter elia, by: physically and verbally abusing Petitioner~- ~ t.~e-eht-3dren; end b) frequenting the premises while in a drunken stupor; and c) being unable to care for her own hygiene needs; and d) screaming and ranting in the presence of the children] and g-thee--marftal--YfbYf[e sger~L,aneous-1y-at-ell--heurm-e€-tho morrtfnq~-eird f) refusing to continue in an intensive outpatient program for the treatment of chemical dependency, 5. The aforesaid actions by Defendant have placed Plaintiff a.nd the children in immediate and present danger of abuse. 6. Plaintiff believes that service of the instant Petition end Order of the Court cannot be performed safely by anyone other than a law enforcement officer. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter en Order pursuant to the Protection From Abuse Act providing relief, including but not limited to, directing Defendant to refrain from physically touching or contacting Plaintiff or her children; prohibiting Defendant from stalking, harassing, threatening and abusing Plaintiff or her children; prohibiting Defendant from contacting Plaintiff except to arrange for supervised visitation with her children; encouraging Defendant to resume her treatment for chemical dependency. DATE : \ ~ ~ ~ Respe ully_y itted.• i EDWARD J. WEINTRAUB, ESQUIRE 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 ID M17441 ATTORNEY FOR PLAINTIFF Y4BIF3CATION I, Thomas E. Steffen, hereby swear and affirm that the facts contained in the foregoing Petition For Protection From Abuee ere true end correct end ere made subject to the penalties of 18 Pn.C.6.A. Section 4909 relating to unsworn falsification to authorities. DATEt ~, i Q '~ ~~ x ~ ~~ u '~0 A ~~ 1 ~1. i ,i i ~~ ~.~ i i I ~. i I i ~ i ~ i ~ r 1 1. ~ • I THOMAB B. BTEFFBN, t Plaintiff t t v. t t GERALYN M. BTEFFEN, t Defendant t IN THE COUR'P OF COMMON PLBAB OF CUMBERLAND COUNTY, PBNNBYLVANIA CIVIL ACTION - LAW N0. 94-5092 CIVIL TLRM ORDER OF COURT AND NOW, this (~'~ day of November, 1994, upon consideration of the Petition For Exclusive Possession Of Marital Residence and the Petition For Order For Protection From Abuse filed in the above matter, a hearing is SCHEDULED for Monday, November 28, 1994, at 9100 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, i J. esley O r J /J•. T Edward J. Weintraub, Esq. - Cti~~. ~~~"".L•,(' i~~tb/4y-. 130 Walnut Street •~ ~• Harrisburg, Pn 17101 Attorney for Plaintiff Larry Clark, Esq. \,` 825 Fiehburn Road v,~Hershey, PA 17033 ,~~'~~,Attorney for Defendant e rc .,, 4 ..: ~ ,~,. ,~~, ~> ,'' .r_L a;~. ~•"; :< ;: _i 7c „ ~~ ~~ ~~',';f'1 I n~Wi ~r~~~; ; ~f~, .,._ -..wm.lw+n,wr.wwl~u.,.m,wM.Mw1!~ Draft N2 - 11/15/94 THOMA6 E. STEEPEN, Plnintiff vs. GERALYN M. STEEPEN, Defendant t IN THE COURT OF COMMON PLEA6 t CUMBERLAND COUNTY, PENNSYLVANIA t t N0. 94 8092 CIVIL TERM t CIVIL ACTION - LAW t t IN DIVORCE O R D E R AND NOW, upon consideration of the within Petition For Exclusive Possession Of Merital Residence, IT IS HEREBY ORDERED AND DECREED thnt Petitioner Thomas E. Steffen, and the parties two minor children are granted exclusive possession of the marital home until the conclusion of the divorce proceedings. BY THE COURT: Dotes J. THOMA6 E. 6TEFFEN, Plaintiff vs. GERALYN M. 6TEFFEN, Defendant t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYLVANIA t t N0. 94 5092 CIVIL TERM : CIVIL ACTION - LAW t t IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 1~ AND NOW, this ~~ day of ~cJ-/cCl•~f-~ , 1994, Petitioner Thomas E. Steffen, by his attorney Edward J. Weintraub, Esquire, files the within Petition For Exclusive Possession Of Maz~itnl Residence under 53502(c) of the Divorce Code and in support thereof avers es follower 1. Petitioner is the Plaintiff in the above captioned divorce action. 2. Petitioner end Defendant reside together with their two children in the marital home located at 432 Lamp Poet Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties were married on October 3, 1981 and have two unemancipated minor children: Kathryn L. Steffen (DUB: 6/16/89) and Michael T. Steffen (DOB: 7/4/91). 4. Petitioner filed the within Complaint For Divorce on September 9, 1994. 5. The marital home is where the parties minor children have resided exclusively since 19 ~Y6'(,, 6. The meritel home wee acquired in ~ R end is owned by the parties as tenants by the entireties. 7. section 3502(c) of the Divorce Code states that "(L)het court may sward during the pendency of the action or otherwise to one or both of the parties the right to reside in the marital residence." 8. Section 3323(f) of ttte Divorce Code states that "(i)n all matrimonial ceuses, the court shall have full equity power and jurisdiction end may issue injunctions or other orders which ere necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 9. The marital home is the only home the parties' children have ever known. 10. Unless Petitioner and the part?.es' children are permitted interim exclusive possession of the marital home, the mental and emotional health and welfare of Petitioner and the children will be compromised. 11. Petitioner has been a joint caretaker and nurturer of the parties' children from the time of their births to the present time. 12. An nwerd of interim exclusive possession of the mnritnl home will ovoid uprooting the parties' children from not only the mnritel home, but also the social and community setting in which they were thriving. 13. Defendant suffers from chronic alcoholism and has engnged in n course of wrongful conduct making the conditions under which Petitioner and the parties' children are living unconscionable and intolerable, to wit: a) Physically and verbally abusing Petitioner aad-Lha~-~h.i ldren . ~vt~ b) Frequenting the premises while in a drunken stupor. C) Being unable to care for her own hygiene needs. d) Screaming and ranting in the presence of the children. f) Refusing to continue in an intensive out- patient program for the treatment of chemical dependency. 14. The aforesaid conduct has had an adverse effect on Petitioner end the children and will cause irreparable harm if not abated. 15. Respondent is unemployed and unemployable. WHEREFQRE, Petitioner Thomas E. Steffen respectfully requests that this Honorab~e Court grant him and the parties' two (2) minor children exclusive possession of the marital home until the oonclueion of the divorce proceedings, subject to Petitioner's ' obligation to provide Respondent with spousal support end I reasonable pnrtiel physical custody of the children. Date: \ ` Respectfully submitted r and J, tra , Eequ re 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 IDA17441 Counsel for Plaintiff/Petitioner i I VERIFICATION Plaintiff verifies that the statements made in this Petition For Exclusive Possession Of Marital Residence are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.s. section 4904, relating to unsworn falsification to authorities.' Dates ~ ~ ~1'F '' ~, ~ ~ . f THOMAB 8. dT6FF8N, c IN THS COURT OP COMMON PLEAB OF Plaintiff t CUMBBRY,AND COUNTY, PENNSYLVANIA '~, t ~ v. ~` ~ ~~ r ~~~ CfVTL TION -LAW t aBRALYN M. 8T8FFEN, t Defendant c N0. 94-5092 CIVIL TERM IN R8t PETITION POR EXCLUSIVE P088888ION OF MARITAL R88ID8NCE AND PETITION FOR ORDER FOR PROTECTION FROM AHUBE ORDER OF C4~~ AND NOPI, this 26th day of November, 1994, upon consideration of the Plaintiff's Petition for Exclusive Possession of Marital Residence and Petition for Order for Protection from Abuse, and following a hearing, it is ORDERED end DIRECTED as follower 1. Disposition of the protection from nbus• complaint is deferred until Thursdly, January 12, 1995, at 4x00 p.m. 2. Pending further Order of Court, the Plaintiff's request for exclusive possession of th.e marital rssidsnae ie DENIED upon consideration of the Defendant's representation to the Court that she will not ingest alcohol in any form, that she will continua her outpatient treatment with Mazzitti & Sullivan, end that she will enter inpatient treatment and remain in euah treatment until discharged if such treatment i• rsaommended by her counselor. 3. Defendant waives any privilege with respect to release of the recommendations of Mazzitti & Sullivan wikh respaat to inpatient treatment. ~1. Plaintiff shall Dafendrnt'e aounselor• to support the reaoamaendation^ take. 6. Nothing in this a decision on whether the parties the Divorce Cods during the parti~ home. follow the recommendations of her rsaovery in whatever fozm Order is intended to represent are ^eparated for purposs^ of ~s' residence in the marital A aontinue8 hearing in these matters, as indiaatad above, will be held by the Court on Thursday, January 17, 1995, at 4100 p.m. 8y the Court, . ~ ~~~C' <, ~~ /~~ ~~ J.ll Wesley Olen, /Jx. , '~. , Edward J. Weintraub, Esquire Couasel for Plaintiff Lawrence F. Clark, Esquire Counsel for Defendant ~slr - t THOMAB B. STEEPEN, Plnintiff v. OEFALYN M. STEEPEN, Defendant t IN THB COURT OF COMMON PLBAB OF s CUMBERLAND COUNTY, PBNNBYLVANIA e t CIVIL ACTION - LAW t t t NO. 94-5092 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of March, 1995, upon aensideration of the attached Petition, a henring is SCHEDULED in this matter for Fridny, Mey 5, 1995, at 1130 p.m., in Courtroom No. 5, Cumberland County Courthouee, Carlisle, Pennsylvania. BY TH8 COURT, / / ~~ J'. Wesley 0 er Jr., Edward J. Weintraub, Esq. 130 Walnut Street Harrisburg, PA 17;101 Attorney for Plaintiff Lawrence Clark, Eeq. 825 Fiehburn Rond Hershey, PA 17033 Attorney for Defendant tra ~~~.az..ca.J /rwck4cr~ 3~ g~qS• b ,~' i ' t ~'J ~ i I i HaA ~s s ~9 an ~s~~ OF iNl 'iQ%HdN:T1fiT rUHUEni.~.u01^l'NTT ' NCIIN$I"'/dN 1 ~~ '~ ;, i ' ~ ~ i .' ' ~ i' I, i ~ ' ~ ~ ~ , i ~ i ~ ~ ~ ~ i ~ ~ '' ~ i ' i ~ ~ i i 1 I ~ i ' i , ~ ' i ~ i i I, • ' r {rfl `l', I-.ll' i'fl,l,I h~ ~ r --_-_--- ~ _L ~~,. If 1,„~ ~ , .i, f ,... {lisp !I r mar. ~ I r r ~ I ,I { r {{ I r ~ '/r r, r ~ r I, ~~ ~ ~ r p.i ,1 e r r If ~, i { ¢~'r ':4 X64 I ~ ~ ..r , II ~ r, ,' r .. r r I r rI II r.~l rM}11 I. ' f {~;4 ~,~ ri'NI~rI r,~ Mw .~ r ! I ~ 1 li ll~~l~ s " {' i kF l r i ril I - ,I ~', ~~ 1 - I .' III { r ~ Atf ,Il~~ 1 ,, , ,'~, ~~~~y~~I~, ,,. ~,~ w;~, ,,,. d r;E~ l{ I { 1 ~ l ~, ~ i ;... I f r frV~6y ~~ ~~~~ ~ ~ ~ ~ 111 ' ~~?'~e~_. ~~III~~1~ tip. r ~ ~ r i~o wit ~ ~ I ~ $ ~' I; . 4~titif" ;; 4~~ fi ~ 1Ty I r'I it ~' ~. Ir r ~ - I,I {~{'I ~rrl' ~y ' i14j I~ ~. ~ ~ ! MpMl~~b~{0.~'INIfYLV~~Ayy~UL~~7~Oyyl~~ ~ ~N~ ,I ,. ~l l !~}{p,~~~"_ ki'~i}, ~' ~j l';{ll ~,r...~..~lr ~ r / ~7 ~/~^~•~ ~/M~~~~q MI~~ f ~ r r ,'I~ 1~~1{ ._ _r l.. __ __•_. _.~__...-I ~.._.-_. r...__..____~.~._...~~.._.. __.... P THOMAS E. STEEPEN, Plaintiff vs. GERALYN M. STEEPEN, Defendant t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYLVANIA t t N0. 94 5092 CIVIL TERM t CIVIL ACTION - LAW t t IN DIVORCE (ERCLUSIVE POSSESSION t OF MARITAL RESIDENCE) ORDER OF COURT AND NOW, this day of , 1995, upon consideration of Plaintiff's Petition For Exclusive Possession IT IS HEREBY ORDERED AND DECREED that Thomas E. Steffen shall have exclusive possession of 432 Lamp Post Lane, Camp Hill, Pennsylvania, pending resolution of the divorce action in this matter. BY THE COURT: THOMA6 E. STEEPEN 432 Lnmp Poet Lane Camp Hill, PA 17011 Plaintiff vs. GERALYN M. STEEPEN 432 Lamp Post Lane Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEA6 CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 5092 CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE O R D E R AND NOW, this day of , 1995, under the authority of the Pennsylvania Protection From Abuse Act, the Defendant, Geralyn M. Steffen, is hereby Further Ordered and Directed as follows: 1. Defendant shell not abuse, physically touch, stalk, harass or threaten Plaintiff or her children Kathryn Steffen and Michael Steffen. Effective from , 1995 to 1996. 2. During the same period of time, Defendant is excluded from the following premises: a) her home at 432 Lamp Post lane Camp Hill, PA 17011 3. Defendant shall not contact Plaintiff in person or by telephone, except to arrange for supervised visitation with her children. 4. Defendant shall have only supervised visitation with her children until her chemical dependency recovery resumes end progresses. 5. Defendant is encouraged to resume and continue her chemical dependency recovery. A photocopy of this Order shall be filed with the police department for the above premises and shall be sufficient to constitute the Court's authorization for enforcement. BY 'PHE COURT: THOMAS B. STEFFEN 432 Lamp Post Lene Camp Hill, PA 17011 Plaintiff vs. GERALYN M. STEFFEN 432 LnmP Poet Lene Cnmp Hill, PA 17011 Defendant t IN THE COURT OF COMMON PLEAB t CUMBERLAND COUNTY, PENNSYLVANIA t t t N0. 94 5092 CIVIL TERM t CIVIL ACTION - LAW t ~ t t t PROTECTION FROM ABUSE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL HOME AND FOR ORDER FROM PROTECTION FOR, ABUSE AND NOW, Plaintiff Thomas E. Steffen by his attorney, Edward J. Weintraub, Esquire, respectfully represents thatt 1. On November 16, 1994, Plaintiff filed for protection from abuse and exclusive possession of the marital residence (pleadings attached). 2. By Order of November 26, 1994, following testimony by Plaintiff end Defendant, the Court denied and deferred action on Plaintiffs request for relief, upon condition that his Defendant wife not consume alcohol and pursue treatment. 3. Although sober and in compliance with this Court s Order for several months, on or about February 22, 1995, Defendant resumed uncontrolled drinking, has been drunk ever since, resulting in a citation for D.U.I. and her emotional abuse of Plaintiff end neglect of her children. ~ ~ 4. Plaintiff has expended thousnnds of dollars fqr medicnl, psychological and legal services trying unsuccessfully to encournge Defendants sobriety end is unable and unwilling to do more. 5. Defendant is living at the home of her AA Sponsor. WHEREFORE, Plaintiff requests exclusive possession of the mnritnl residence and en order protecting Plaintiff and the children from Defendants abuse. Respectfully submitted c, ~_ Edward Weintraub, Esqu~re~- 130 Walnut Street ' Harrisburg, PA 17101 (717) 238-2200 IDN17441 Counsel for Plaintiff v2 ,7, ~ ' ~ Date= I VERIFICATION Plaintiff ~Phomas E. Steffen verifies that the statements made in the within Petition For Exclusive Possession of Mnritel Home and for Order For Protection From Abuse are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Thomas E. Steffen Date: a G~7 ~S ~nw vrrrw .rrttMM ' ~ ~ EDMIARD d. WEINTRAUB IYOV ! 6,~ N 19U r7ALNUt STREET _ _n, '~'F~~" !`'N V. IIARItI5RUR6 PENlti5YLVANIA 17 WI " ' '1'tiUMAli B. BTEFFEN, Plaintiff v. GERAL~YN M. BTEFFEN, Defendant t t CIVIL ACTION - LAW t t t N0. 94-5092 CIVIL TERM ORDER OF COURT AND NOW, this 1~~4 day of November, 1994, upon conaiderntion of the Petition For Exclusive Possession Of Marital Residence and the Petition For Order For Protection From Abuse filed in the above mutter, n hearing is 6CHEDULED for Monday, November 28, 1994, at 9100 n.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvanin. BY THE COURT, J. esley 0 r J J•. Edward J. Weintraub, Eeq. 130 Walnut Street Harrisburg, Pa 17101 Attorney for Plaintiff Larry Clark, Esq. 825 Fiahburn Road Hershey, PA 17033 Attorney for Defendant trc T~12- ~.~;,,• rgn-vt Rf:C4R[1 r., . i 1 ~ ,. :~ ; hand ~'I In. .. .~ ~ .. !.i. ~h>hF c ~' ~ ~y- , Nrulhonutary 17171 T:i&YlUU FAX 17171 29&92tlU t IN THE COURT OF COMMON PLEAB OF t CUMBSRI,AND COUNTY, PENNSYLVANIA THOMAB B. 6TEFFEN t 432 Lame Poet Lnne t Camp Hill, PA 17011 t Plaintiff t t V ti . t t GERALYN M. STEEPEN t 432 Lemp Poet Len• t Camp Hill, PA 17011 t Defendant c IN THE COURT OF COMMON PLICAB CUI4BERLAND COUNTY, PENNSYLVANTA N0. 94 5092 CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE O R D E R AND NOW, this day of , 1994, under the authority of the Pennsylvania Protect an From Abuse Act, the Defendant, Geralyn M. Steffen, is hereby Further Ordered end Directed es follower ~ 1. Defendant shall not abuse, physically touch, stalk, harass or threaten Plaintiff or her children Kathryn Steffan and Michael Steffen. Effective from , 1994 to 1995. 2. During the same period of time, Defendant is excluded from the following premisest e) her home et 432 Lemp Post lone Camp Hill, PA 17011 3. Defendant shall noc contact Plaintiff in person or by telephone, except to arrange for supervised visitation with her children. 4. Defendant shall have only supervised visitation with her children until her chemical dependency recovery resumes end progresses. 5. Defendant ie encouraged to resume and continue her chemicnl dependency recovery. A photocopy of this Order shall be filed with the police department for the above premises and shall be sufficient *o constitute the Court's authorization for enforcement. BY THE COURT: 7~ .~ VIOLATION OF TNiS ORDER IS PUNISHABLE BY IMPRISONMENT FOR f1P TO sIX (6) MONTHS OR A FINE NOT TO EXCEED $1,000 OR 90TH TQ THE ,POLICE Under the Pennsylvania Protection From Abuse authorized to arrest the Defendant for a violation without warrant upon probable cause wtletlter or not 'was committed in your presence. The Defendant i~ forthwith before a district justice for preliminary Act, you are of this Order the violation a to be taken arraignment. . ,, ~~ ~. ~ ~ i ! ~ i I i i t i THOMAS E, 6TEFFEN, t IN THE COURT OF COMMON PLEA6 432 Lemp Post Lane t CUMBERLAND COUNTY, PENNSYLVANIA Camp Hill, PA 17011 t Plaintiff t t vs. t N0. 94 5092 CIVIL TERM t CIVIL ACTION - LAW GERALYN M. 6TEFFEN t 432 Lamp Post Lane t Camp Hill, PA 17011 t Defendant c PROTECTION FROM ABUSE TEMPORARY ORDER UNDER SECTION 1J185 OF TIlE PROTECTION FROM ABUSE ACT AND NOW, this day of , 1994, this Court having found that good cause ex sts to enter an Amended Order pursuant to Section 10185 of the Protection From Abuse Act! IT IS HEREBY ORDERED AND DE;CREED that Defendant, Geralyn M, Steffen, is restrained from physically striking, stalking, abusing, harassing, threatening or contacting Plaintiff Thomas E. Steffen and her children Kathryn Steffen Michael Steffen, and from visiting, entering or attempting to enter 432 Lamp Post Lnne, Camp Hill, Cumberland County, Pennsylvania, or any subsequent residence of Plaintiff. This Order shall remain in effect until the hearing in the above captioned matter. The sheriff is directed r,o serve a copy of this Order and the accompanying Petition on the Defendant without prepayment of costs. Departments serving iO~Gfianid`~1iEgyshall tlenforped thistOrder land shall arrest the Defendant if she fails to comply with the Order. BY THE COURTt J THOMA6 E. STEFFEN 432 Lemp Post Lena Camp Hill, PA 17011 Plaintiff vs. t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYLVANIA t t t t N0. 94 5092 CIVIL TERM t CIVIL ACTION - LAW GERALYN M. 6TEFFEN t 432 Lamp Post Lene t Camp Hill, PA 17011 t Defendant t PROTECTION FROM ABUSE YOU HAVE BEEN SUED IN COURT. The Plaintiff is the person suing on behalf of the abused pet•sons. Attached is a copy of the Petition which indicates the relief the Plaintiff is requestitt<;. Also included in the Petition ace Plaintiffs reasons for these requests. You must appear nt the hearing on the day of 1994, at .M. in the ass gned courtroom of tie Court of Common Pleas of this County, located et 1 CourthouPe Square, Cerlielo, Pennsylvania 17013. If you do not appear at the hearing at that time end place, the order requested by Plaintiff may be granted in your absence, end you may lose money or property rights or other rights important to you, and/or a bench warrant may be issued directing the sheriff to bring you into Court. If a copy of a TEMPORARY ORDER is attached, you must obey it until the hearing. If you do not obey, tits police can arrest you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A RIGHT TU HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING. IF Y!'U DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T!?F OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 THOMAS E. STEFFEN 432 Lamp Post Lane Camp Hill, PA 17011 Plaintiff ve. GERALYN M. STEFFEN 432 Lamp Post Lane Cnmp Hill, PA 17011 Defendant t IN THE COURT OF COMMON PLEA t CUMBERLAND COUNTY, PENNSYLVANIA t N0. 94 5092 CIVIL TERM t CIVIL ACTION - LAW t PROTECTION FROM ABUSE ~ Le hen demandado a usted en la torte. Si ueted quiere defenderee de estas demandes expuestas en las pagines suguientes, usted tiene viente (20) dies de plazo al partir de is feche de la demands y le notification. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en le torte en forma escrita sus defenses o sus objecionee a las demandae en contra de su persona. Sea avisado que si usted no se defiende, le torte tomara medidas y puede entrer una Orden contra usted nin previo aviso o notification y por cualquier queja o alivio que es pedido en le petition de demands. Usted puede perder dinero o ails propiedades o otros derechos importentes pare usted. LLEVE ESTA DEMANDA A UN ABODAGA IMMEDIATAMENTE. SI NO TIENE ABOGAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRCCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 THOMAS E. STEFFEN 432 Lemp Post Lane Cetnp Hill, PA 17011 Pleintiff ve. GERALYH M. STEFFEN 432 Lemp Poet Leno Camp Hill, PA 17011 Defendant t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYI,VANrA N0. 94 5092 CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE PETITION FOR ORDER FOR PROTECTION FROM ABUSE AND NOW, the Plaintiff, Thomas E. Steffen, by his ettorney, Edward J. Weintraub, Esquire, pureuent to the provisions of the Protection From Abuse Act, 35 P.S., Sections 10181, et seq., respectfully represent as followst 1. Plaintiff ie nn adult individual residing at 432 Lamp Post Lane, Cemp Hill, Cumberland County, Pennsylvania 17011. 2, Defendant is an adult individual residing at 432 Lamp Peet Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties were married October 3, 1981 and Plaintiff filed for divorce on September 9, 1994, No. 94 5092 Civil Term, Cumberland County. 4. Defendant suffers from chronic alcoholism and continues *_o place Plaintiff and her children by physical menace in fear of imminent serious bodily injury, inter, alia, by: !, a) physically and verbally abusing Petitioner-end /(~~ the-e#~ildxeeri and b) frequenting the premises while in a drunken stupor; end c) being unable to care for her own hyyiene needs; end d) screeminy and ranting in the presence of the children; and e ~--awt~r-Ong-~nei--i-eee-mar4ta2--fierce spoRbaneoucly..ot-ai- -fivers-of-the-maxY-~ng; end f) refusing to continue in an intensive outpatient program for the treatment of chemical dependency. 5, The nforeseid actions by Defendant hove placed Plaintiff end the children in immediate and present danger of nbuse. 6, Plaintiff believes that service of the instant Petition and Order of the Court cannot be performed safely by anyone other than a law enforcement officer. WHEREFORE, plaintiff respectfully requests that Lhis Honorah!e Court enter an Order pursuant to the Protection From Abuse Apt providing relief, including but not limited to, directing Defendant to refrain from physically touching or contacting Plaintiff or hpr children; prohibiting Defendant from stalking, harassing, threatening and abusing Plaintiff or her children; prohibiting Defendant from contacting Plaintiff except to arrange for supervised visitation with her children; encouraging Defendant 'o resume her treatment for chemical dependency. DATE: `~ C Respe ull~ mitted• i EDWARD J. WEINTRAUH, ESQUIRE 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 ID N17441 ATTORNE't FOR PLAINTIFF ~l~,$IFICATION I, Thomne E. Steffen, hereby swear and affirm that the Lects contained in r. tie foregoing Petition For Protection From Abuse nre true end correct end are made subject to the penalties of 18 Pe.C.S.A. Section 4909 relating to unsworn falsificntion to authorities. DATE t ~ d ~ ~ ~{ Thomas S ffen ~ ' ' , THOMAB E, BTEFFEN, Plaintiff vs, GERALYN M. BTEFFEN, Defendant t TN THE COURT OF COMMON PLEAB t CUMBERLAND COUNTY, PENNBYLVANIA t t t CIVIL ACTION - LAW r t t NO. 94-5092 CIVIL TERM I, Edward J. Weintraub, Esquire, do hereby certify that on 1t he 21st day of November 1994, I served a true and correct copy of the Petition For Order For Protection From Abuse upon Counsel for Defendant by depositing same in the United• 5tntee Mei1, Harrisburg, Pennsylvania, Certified/Return addressed as follower Larry Clark, Esquire 825 Fishburn Road Hershey, PA 17033 Receipt Requested, ~, Edward J. Weintraub, Esquire 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 IDM17441 Counsel for Plaintiff '-~--- -~ ---- - •~11~1 x+111\1. • EDIAIARD d. WEINTRAUB 1~ l~l WALNUT 5TREkT HARRIS~URG~FFyNSVLVM~IA l7lUl 17171 29tl~2ld(' ~ FAX 171 ~ 129&92tlU THOMA6 E. S'PEFFEN, Plnintiff v. OBRALYN M. STEFFEN, Defendnnt NOV 161994 ~,; . ~.. . .....ir. IN THE COURT OF COMMON PLEAB OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 94-5092 CIVIL TERM ORDER OF COURT AND NOW, this (~'~{ day of November, 1994, upon ooneiderstion of the Petition For Exclusive Possession Of Marital Residence and the Petition For Order For Protection From Abuse filed in the above matter, n hearing is 6CHEDULED for Monday, November 28, 1994, at 9100 e.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Bdward J. Weintraub, Esq. 130 Walnut Street Harrisburg, Pa 17101 Attorney for Plaintiff Larry Clark, Esq. 825 Fiehburn Road Hershey, PA 17033 Attorney for Defendant crc •; 1; ' ~ c;;rd ,~ , , J. esley O1 r J J'. Ut'i~ll Nr: ~ I li I'~/'1~~ TMOMA6 E. STEEPEN, Plnintiff Vpr CERALYN M. STEEPEN, Defendant t IN THE COURT OF COMMON PLL~A6 t CUMBERLAND COUNTY, PENNSYLVANIA t t' NO, 94 5092 CIVIL TERM t CIVIL ACTION - LAW t t IN DIVORCE O R D E R AND NOW, upon consideration of the within Petition For Exclusive Possession Of Marital Residence, IT IS HEREBY ORDERED AND DECREED that Petitioner Thomas E. Steffen, and the parties two minor childran are granted exclusive possession of the marital home until the conclusion of the divorce proceedings. BY THE COURTt J. Detet THOMAS E. STEEPEN, Plaintiff vs. GERALYN M. STEEPEN, Defendant t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYLVANIA t t N0. 94 5092 CIVIL TERM t CIVIL ACTION - LAW t t IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, this IS ~~ day of ~;yrylir ~. , 1994, Petitioner Thomas E. Steffen, by hie attorney Edward J. Weintraub, Esquire, files the within Petition For Exclusive Possession Of Marital Residence under 53502(c) of the Divorce Code and in support thereof avers ee follower 1. Petitioner is the Plaintiff in the above captioned divorce action. 2. Petitioner and Defendant reside together with their two children in the marital home located at 432 Lemp Post Lene, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties were married on October 3, 1981 end hA~~e two unemancipated minor children: Kathryn L. Rreffen rD!'I!; 6/16/89) and Michael T. Steffen (DOB: 7/4/91). 4. Petitioner filed the within Complaint For Divorce ^n September 9, 1994. 5. The marital home ie where the parties' minor children have resided exclusively since l.a@9: ~9~~O 6. The marital home wee acquired in end is owned by the parties ns tenantr by the entireties. 7. Section 3502(c) of the Divorce Code states that "~tJhet court may award during the pendency of the action nr otherwise to one or both of the parties the right to reside in the marital residence." 8. Section 3323(f) of the Divorce Code states Chet "(i)n all matrimonial causes, the court shell have full equity power end jurisdiction and may issue injunctions or other orders which ere necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other rel.tef or remedy as equity and justice require against either. party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 9. The marital home is the only home the pertie~' children have ever known. 10. Unless Petitioner and the parties children are permitted interim exclusive possession of the marir,al home, the ~ mental and emotional health and welfare of Petitioner end the children will be compromised. il. Petitioner has been a joint caretaker and nurturAr of the parties' children from the time of their births to the presant time. 12. An award of interim exclusive possession of the marital home will avoid uprooting the parties' ahildrsn from not only the marital home, but also the social and community setting in which they were thriving. 13. Defendant suffers from chronic nlcoholism and hee engaged in a course of wrongful conduct making the conditions under which Petitioner and the parties' children era living unconscionable and intolerable, to wits n) Physicnlly and verbally abusing Petitioner ~ '~1 b) Frequenting the premises while in a drunken stupor. c) Being unable to care for her own hygiene needs, d) Screaming end ranting in the presence of the children. ~~ f) Refusing to continue fn an intensive out- patient program for the treatment of chemicnl dependency. 14. The aforesaid conduct has had an adverse effect on Petitioner end the children end will cause irreparable harm if not i i abated. 15. Respondent is unemployed and unemployable. WHEREFORE, Petitioner Thomas E. Steffen respectfully requests that this Honorable Court grant him and the parties' two (2) minor children exclusive possession of the marital home until the conclusion of the divorce proceedings, subject to Petitioner~9 obligation to provids Respondent with spousal support end rsnsonnble pnrtinl physical custody of the children. Respectfully submittedt ' i -su walnut Street Harrisburg, PA 17101 (717) 238-2200 2DM17441 Counsel for Plaintiff/Petitioner ' Datte t ~ t / ~ ~ 1 ~ti ,' VERIi*ICATION Plaintiff verifies that the statements made in this Petition For Exclusive Possession Of Marital Residence are true end correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to uneworn falsification to authorities. s E'. VSt~ffen Datec,(,~NC~ t~/ ` THOMAS E, STEEPEN, Plaintiff vs. GBRALYN M. STEEPEN, Defendent IN THE COURT OF COMMON RLEAS CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW N0. 94-5092 CTVIL TERM I, Edward J. Weintraub, Esquire, do hereby certify that on~the 22nd dny of November 1994, I served a true end correct carry of the Petition Eor Exclusive Possession Of Mnritel Residence upon Counsel for Defendant by depositing same in the United ~~etes Mai', Harrisburg, Pennsylvania, Certified/Return Receipt Requestr•i, nddreesed as follower Larry Clark, Esquire 826 Fishburn Road Itershey, PA 17033 ~~ ~' l ~. ~ Ed d J.-Weintreub, Esqu re 130 Walnut Street Herrieburq, PA 17101 (717) 238-2200 IDN17441 Counsel for Plaintiff THOMAS E. BTEFFEN : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vB. : N0. 94-6092 CIVIL TERM BERALYN M. BTEFFEN : CIVIL ACTION - LAW Defendant IN DIVORCE ' RESPONDENT'S BRIEF IN OPPOSITION TO PETITIONER'S REQUEST FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE LAWRENCE F. CLARK, JR. ESQUIRE EVAN J. KLINE, III ~SOUIRE CLARK LAW ASSOCIA'~ES, P.C. 825 FISHBURN ROAD P.0. BOX 656 HERSHEY, PENNSYLVANIA 17033 TELEPHONE: 717 533-4049 FACSIMILE: 717 533-6808 i 1,~,F OF CONTENTS I. PROCEDURAL HISTORY ~ '. 1 II. BTAT M,~J OF FACTS 2 III. STATEMENT OF OUESTION6 Pj1E6ENTED 6 IV. I „ 6 A. 6 . . V. CONCLU6I~ 10 ,' ~ i i... ~( ;I ~; 1 ' I ~ , ~~ II _ i'~ i i TABLE OF AUTHORITIEB ~~ PASi~ Beittel v. B eittel, 32 Cumb. L. J. 9 (i981) 7 Harry Z. v. He~ina Z., 130 Pitt s. Lep. J. 8 (1982) 7 L~czk czkowsk 8 i, 344 Pa. Super. 164, 498 A.268 6) . 8, 7, 9 5 hmidt v. K rug 426 Pa. Super. 136, ~ 1D 824 A.2d 183 ( 93) . y~j.~~V~i 2d 409 487 A da, 337 Pa. (1986 ) Super. 673, ~ 6 . . $ ~ 23 Pa.C.S.A. g 3323(f) . 6, 8 23 Pa.C.S.A. q 3602(c) 8 TREATI3E3 ~ PAdE Joseph B. Ke lly, Marria ge. Divo rce. Custody. Property and SuPpor# 7, 9 Norman Perlb erger, Penn gylvania Divorce Code, (Revised Ed. 1992) ,' 8 ii I. eROCEDURAL HI6TORY On September 8, 1894, Thomas E. Steffen ("Plaintiff" or "Petitioner") filed a Complaint under Section 330t of the Divorce Code against Oeralyn M. Steffen ("Defendant" or "Respondent"). This Complaint included a request for a fault divorce under section 3301(a)(b), a request for a no-fault divorce under section 3301(c), a request for a no-fault divorce under section 3301(d), a request for equitable distribution of marital property under sections 3323, 3601, 3602 and 3603, and a request for approval of any settlement agreement and incorporation thereof under divorce decree under section 3104. On November 16, 1994, the Plaintiff filed a Petition for Exclusive Possession of Marital Residence, and a Petition for Order for Protection from Abuse. On November 28, 1994, this Honorable Court issued an Order denying the Petition for Exclusive Possession of Marital Residence, and daferring disposition of the Petition for Order for Protection from Abuse. The Patition for Exclusive Possession of Marital Residence was denied upon consideration of the Defendant's representation that she would not ingest alcohol, that she would continue her outpatient treatment with Mazzitti and Sullivan, and that she would enter inpatient treatment and remain t in such treatment until discharged if such treatment was recommended by her counselor, On February 27, 1996, the Plaintiff filed another Petition for Exclusive Possession of Marital Hame and for Order from Protection from Abuse. In his Petition, the Plaintiff claimed that the Defendant resumed uncontrolled drinking on or about February 22, 1996. The Petition for Order from Protection from Abuse was ultimately withdrawn, and a hearing on the Petition for Exclusive Possession of Marital Home was held on May 11, 1995. On or about May 19, 1995, the Plaintiff filed his Memorandum of Law in support of his request for exclusive possession of the marital residence. This brief is now filed in opposition to the Plaintiff's petition. II. STATEMENT 0~ FACTS The Petitioner in the instant matter is Thomas E. Steffen (Tom), age 40, and the Respondent is Geralyn M. Steffen (Lynn), age 38. They were married in 1981 and have two children, Katie, age 6, and Michael, age almost 4. The parties reside with their two children in their marital home, located in Hampden Township, Cumberland County, Pennsylvania, which they purchased in August of 1986. 2 Up until the latter pert of 1993, Lynn had been employed es a civil service employee for the Federal Government for approximately twenty (20) years. Lynn and Tom both contributed to the family income, end most of the household chores were left to Lynn to attend to. Lynn left her employment through an "early retirement" program being offered by the government so that she could devote herself full-time to the care of the children. In late 1993, Lynn developed the disease of alcoholism. She had no prior history of this disorder. During the period from November of 1993 to the present date, she has struggled with her disease. There have been brief periods during this time where she has required both impatient and outpatient treatment. A Petition for Exclusive Possession was originally filed on November 16, 1994, which then led to a hearing which was held on November 28, 1994, and an Order was issued on that same day, en in the Petition, and setting certain conditions for Lynn to tollow. Subsequent to that hearing, Lynn resumed her counseling sessions, which included attempts at marriage counseling. Lynn's husband, Tom, only attended one marriage counseling session, and did not show up for the subsequent sessions. 3 On or about February 22, 1996, Lynn began to ingest a],cohol, in the form which she had always used, i.e., Listerine mouthwash, end became intoxicated. She was subsequently assisted by her AA support persons, end recovered several days later. She remained away from the marital home for several weeks thereafter, due to her husband, Tom's, indications to her that she was not allowed to come home. In mid•March, 1995, Lynn came home, and has resided there to the present date. There have been no subsequent incidents of insobriety since that time. Aside from the brief period from the end of February to mid- March, 1995, Lynn has resided in the marital home, and has been the primary homemaker and care-giver for the children, Her household duties include cleaning, laundry, cooking, and shopping for groceries. Additionally she gets up at approximately 6:00 a.m. each day, wakes the other family members, including Tom, prepares breakfast, gets the children ready for school, then gets herself ready for work. Lynn has been employed at the Giant Market since late March of 1995, since her husband refused to give her any money for her own personal needs. Lynn makes $5.30 per hour at the Giant, working part-time, approximately 32 hours per week. She receives no benefits or pension at Giant. 4 The Petitioner, Tom Steffen, will be entering the U.S, Army Wer College for a 10-month course in the very near future, after which he will be re-assigned to a new posting outside of this Commonwealth. Lynn's family, friends end support group are all located here in central Pennsylvania. The Petitioner is also suing Lynn for custody of tho children and divorce. Lynn does not want a divorce and wishes for the parties to continue to jointly raise their children. III. STATEMENT OF QUESTIONS PRESENTED A. WHETHER THE PETITIONER SHOULD 8E GRANTED EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCET [ANSWERED IN THE NEGATIVE BY THE RESPONDENT) IV. ARGUMENT A. In Vajda v. Vajda, 337 Pa. Super. 573, 487 A.2d 409, 412 (1965), the Superior Court noted that Section 401(c) of the Divorce Code granted a trial court "full equity power," in the disposition of the marital home. With the 1990 version of the Divorce Code, 23 Pa.C.S.A. 4 3323(f) became the relevant section, providing that 5 In ail matrimonial causes the court shall have full equity power and jurisdiction and may issue injunctions or other orders which ere necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third pperson over whom the court has jurisdiction and who is involved in or concerned with the disposition of the case. 23 Pa.C.S.A. g 3323(f). 23 Pa.C.S.A. g 3602(c) provides that "[t)he court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." As one treatise has noted, "the power to award exclusive, joint or alternating occupancy of the marital residence to one or both of the parties, instead of distribution, is not limited to pre-divorce periods; the court may opt for this remedy 'during the pendency of the action' or 'otherwise' (i.e., post-divorce). This remedy is limited, however, to a party intending to reside in the marit~. rgsldence." Norman Perlberger, Penr,~svlvania Divorce Code, g 7.10.4(0)2 (Revised Ed. 1992). 23 Pa.C.S.A. ~ 3502(c) codif ied the result reached in Laczkowski y. Laczkowski, 344 Pa. Super. 154, 496 A.2d 56 (1985). Perlberger, sugra, at g 7.10.4(c)2. In Laczkowski, the court held that "lower court had the authority to temporarily award the 8 marital residence, pending equitable distribution of marital property, to a spouse having nhvsical custody of a minor child." Laczkows.~, 496 A.2d at 60 (emphasis added). In Lac kowski, the court also found that the Plaintiff had met her burden of proof when she alleged, i er a,li~., that she end the children were living with the Plaintiff's parents; that living with the Plaintiff's parents was not tolerable; that she was unable to find other suitable living accommodations because of her lack of a credit rating and because of insufficient income; and that the Defendant could easily rent an apartment, or live with his father, who lived alone and had adequate room for the Defendant. Laczkowski, BUg_ra. The court thus implicitly recognized economic considerations. Courts have recognized other economic considerations as well. For example, in situations where a spouse has been unable to afford to relocate immediately or where doing so would effect a drastic change in that spouse's standard of living, that spouse has been awarded the right to live in the family home. Joseph B. Kelly, Marriage, Divorce, Custody, Property and Support 247 (citing Beittel v. Beittel, 32 Cumb. L. J. 9 (1981); Harry Z. v. Regina Z., 130 Pitts. Leg. J. 6 (1982)). When one considers the equities in the instant matter, including the parties' respective economic situation, one comes to 7 the conclusion that it would be grossly inequitable to award the Petitioner exclusive possession of the marital residence. One important factor was testimony demonstrating the Petitioner's attempts to set the Respondent up for failure. At the latest hearing, the Court had the opportunity to observe the parties and to hear them testify. Of particular note was the testimony of the Petitioner concerning his very substantial disappointment and resentment that the Court did not grant his earlier Petition for Exclusive Possession as a result of the November 26, 1894 hearing. Mr. Steffen also admitted that he only participated in one (t) marriage counseling session, and that he "could not recall" if there were other sessions that were scheduled but that he did not attend. Mr. Steffen also acknowledged repeatedly making statements to Lynn that she should leave the marital home, that he did not love her, that he wanted a divorce, and, when she was going for groceries, that she "should stay away as long as possible." The pattern of these events leads to one inescapable conclusion, namely, that Mr. Steffen felt that if he put Lynn under enough pressure, gave her no support for her alcoholism, and created a hostile environment in the home, she would eventually succumb to her disease again, and he would prevail. It would be totally unrealistic to believe that a person with Lynn's level of alcoholism cr~ld overcome her disease without the aid and support 8 of her spouse, Mr, Steffen knew that he could make Lynn fail, end on February 22, 1996, she did just that, However, notwithstanding that relapse, Lynn got back on her feet, got a job, and now has a much better outlook on life. At present, the parties are reasonably living together, with the children, in the joint marital residence. As previously noted, a court may consider the economic situation of the parties when considering a petition for exclusive possession of a marital residence. $gg Laczkowski, supra; Kelly, BUS. In the instant matter, Mr. Steffen has an income nine times greater than Lynn. If this court were to grant Mr. Steffen's Petition, Lynn's ability to defend against his pending actions for child custody and divorce would be wiped out. He is counting on this Court to give him that advantage in this instant matter. Based on the present status quo of the parties,, there is no reason to grant the instant petition. The Court should only grant a Petition of this type in circumstances where the equities compel it. This case i,s not one of those instances. Should this Court determine otherwise, the law provides that the party out of possession of the marital home must be compensated 9 in some mannor for his or her rights end interests in the property. Schmidt vR Krua, 426 Pa. Super. 136, 824 A.2d 183, 186 (1893). Thus, assuming erauendo that the Petitioner's Petition is granted, the Petitioner must nonetheless compensate the Respondent in some manner for her rights end interests in the property. V. For the foregoing reasons, the Respondent respectfully requests that this Court deny the Petitioner's Petition far Exclusive Possession of Marital Home. Respectfully submitted, CLARK LAW AS30CIATES, P.C. 826 Fishburn Road Post Office Box 665 Hershey, Pennsylvania 17033-0666 Telephone: (717) 533-4048 Facsimile: (717) 633-508 / ,~ ,. ,• Dated: May 26, 1986 BY: /~/(k,Gr ~ GG a rence arc, r., sq re PA Supreme Court I.D. No. 1332 Evan J. Kline, III, Esquire PA Supreme Court I.D. qo. 70283 Attorneys for Respondent 10 I do hereby certify that on this day I served a copy of the foregoing document by causing the same to be deposited in first class mail, postage prepaid, addressed as follows: Edward J. Weintraub, Esquire 130 Walnut Street Harrisburg, PA 17101 Dated: ~'- ~ )~ `1~ ~ ~~~ van a squ re Attorney I.D. No. /0283 CLARK LAW ASSOCIATES, P.C. 826 Fishburn Road P.O. Box 666 Hershey PA 17033-0665 (717) y~3-4049 1 1 ~' I I ~ I ~ r r ~ 1 I ~ I ~ r ~ r i ' I ~ I I r ' I ~. I 1 ~: 1. i ' r 1, i ~. I! i 1 i 1 1 I '! ' ~ ~ I I I ,I I I I i I i 1 I I i I i I I i I. II i i i ~ i I I I ~ _ i. 1 ~ i I I _ ~ I ' ' ~ .~ i. i I I I 1 ~ ', I I ~ i 1 i ' ' i. i 1 ! i i i I I ' I ~I '. I ~ ~ r ~ I i 1 ,. r I I ~ 1 11 i. '. i ~ I I ' I' I I 1 I I t ~ I ~. - ~ II i. I i i I I 1 i 1 i li i. 1 i f ' I ' i i. I I ~ ' +. i i i i i ~, ' I i. S I ' i i i I i r ~ ~ ~ ` ' i I r I i i ~ I I ~ i 1 1 i ~ Ir. i li ~ ~ ~ ' F r CLARK LAW ASSOCIATES, P.C. ' I Attorneys 6 Counselors at Law 825 Fiehburn Roed -Post Office Box 555 Nershe PA 17033-0555 ~ 7r,' y' MAY ~,~ 1°~ ~~ ~I 01~I ~~~ I i ~ i' I I'~ ~ ' ~ " ~~~': ~L i'i "~., 1 ~I hW ~rwi ~ , i I h~i • , , ,~ ,) ~. I ~Dw~tDi J, WEINTRAU~ ~OY,~,9. ~; ''''~~1 RbdO NOItTN THplb 67RLET ' 1,' HAItlf181~M0,VLNNBYLVANIAl7ll0 ~ ~ ,'h ! ~;;~) 1717) t94t20p I'AX 171) t~M9tb0 ~' ~ ~~ ~' , `' j ~~ ~;~1,~ .f 1 ~ , Ir 1~ ~` ~ , ,~ , S ~ ,, 1 ., , DRAFT N3 - 5/17/95 'I'NOMAS E. STEFFEN, Plaintiff Vs. GERALYN M. BTEFFEN, Defendant IN '1'HE COURT OF CUMMON PLEAB OF CUMBGNLANU COUNTY, PENNSYLVANIA N0. 94-5092 CIVIL TERM IN DIVORCE - PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE. MEMORANDUM OF' LAW IN SUPPORT OF PETITIONER'S REQUEST FOR EXCLUS•~VE POSSGSSIUN OF M(iQ~~tESIDENCE FACTS Petitioner, Naval Commander Thomas E. Steffen, is forty ye+drs old and was married to Respondent Oeralyn M. Steffen on October 3, 1981. The parties have two children: Kathryn, born June 16, 1989, end Michael, born July 4, 1991. Mrs. Steffen suffers from chronic alcoholism and has received inpatient detoxification and alcoholism treetrnent on ten (lU) occasions in the lest three (3) years, but has been unable to remain sober for any substantial period of time. During her many absences from the marital residence, Petitioner has cared for the children on hie own. When Respondent has been present, their home life has been marked by emotional extremes: bickering and ugly arguments followed by periods of silence. The Respondent frequently precipitates arguments in the presence of their children. Petitioner testified that Respondent regularly "get3 into his face", raising her voice and accusing him of not supporting her recovery, being evil, being a terrible Catholic, an awful parent and a heaL•tless indlvidual. Despite Respondent's battles with her alcoholism, Petitioner has in the peat repeatedly welcomed her buck to the marital residence and has been supportive of har attempts to rnaitttain sobriety. Although at thnt time Petitioner was still committed to trying to save the marriage, he threatened Ruspondunt with divorco during the swrnner of 1994, during one of tu:r particularly horrible relnpses. On September 9, 1994, Defendant filed for divorce, Although she obtained several weeks of inpatient treatment at White peer Run in September, 1994, Respondent relapsed again in November and this time abused Petitioner both verbally and physically in the presence of the children. In November, 1994, Petitioner sought an Order For Protaction From Abuse and Exclusive Possession of the Marital Residence. Following a hearing before this Honorable Court on November 28, 1994, an Order was entered requiring Respondent to abstain from using alcohol, to continue her intensive outpatient recovery program through Mazzitti and Sullivan Psychological Counselors, and if recommended by Mazzitti artd Sullivan, to seek inpatient treatment for her alcoholism. Respondent also waived "nny privilege with respect to release of the recommendation of Mazzitti and Sullivan with respect to inpatient treatment", to enable this Honorable Court, Petitioner and his Counsel to monitor Respondent's compliance with the November 28, 1994, Order. Reluctantly, Petitioner welcomed Respondent back to the marital residence on November 29, 1994, where she continued to resids with him and the children until she relapsed again on February 22, 1995. AC that time, Petitioner returned from a one 2 dny business trip to Washington, D.C., to find hie home uninhabited. He did not know where to find his children or his wife. He was advised by a police officer to yo to the Camp Hill Police Station, where he was informed by Respondent that she hnd totaled their automobile colliding with thorn while driving drunk and had damaged two automobiles colliding with them on the street where the parties live. Aa he had when Respondent was charged with writing illegal prescriptions for drugs in 1992, Petitioner again paid Respondent's Counsel, Mr. Clark, One '1'houeand ($1000.00) Dollars to represent her again, this time regarding DUI chnrges. After retrieving Respondent from the Police Station, Petitioner went to live at a hotel with his two young children, unwilling to resume cohabitation with his wife and fearful about her inability to care for the children without assistance. When Petitioner returned to the house intermittently, he found that his wife had been drinking continuously for approximately five (5) days, was unable to get out of bed, where she lay in her own excrement. At this time, a party unknown reported Mrs. Steffen and Commander Steffen to the Cumberland County Children and Youth Services, alleging abuse or neglect of the children. Un March 9, 1995, Commander Steffen filed his second Petition requesting exclusive possession of the marital residence for himself and the children. From then until the second hearing in this matter on May 11, 1995, Mrs. Steffen continued to reside at the marital home. Most recently, Respondent has been assisting with the children in the morning and working as a cashier at the Giant food store in 3 Camp Hill during the day, returning to the residence in the avening to assist Petitioner with the childrort. Until 1992, when she retired after nl.neteen (19) years service, Respondent had teen employed by the U. S. Navy as an Executive Secretary at a salary in excess of 'twenty-Two 't'housand ($2'I,000.UU) pellets a year, plus benefits. Although sire testified to a present ability to seek and obtain employment as an Executive Secretary, Respondent nevertheless has been limiting her employtr,ent to that of a cashier earning Four ($4.00) pellets an ltouc• at Giant. Respondent attends AA meetings on a regular basis end alleges that she is not drinking at the present time. Contrary to the Court's November 28, 1994, Order, stte no linger participates in the intensive outpatient program administered by Mazzitti and Sullivan. Although they offered her a free scholarship at no cost to her or to Respondent and Petitioner, Respondent did not accept the recommendation or option afforded her in March, 1995, provided her by Mazzitti and Sullivan to attend inpatient treatment at the Caron Foundation for her relapse. Counsel for the Petitioner has Seven Thousand Two Hundred ($7,200.00) Dollars in U. S. Savings cords which are premarital property owned by Respondent which Counsel has assured the Court will be delivered to Mrs. Steffen to subsidize her living expenses, to supplement any income she can earn as an Executive Secretary. Of course when the divorce is settled Mr's. Steffen will receive in equitable distribution her share of the equity in the marital home and other marital assets. Commander Steffen has sought but not yet obtained Respondent's Consent to the divorce. 4 Notwithstanding ttie Court's Order of November 28, 1994, Respondent has refused to sign a release authorizing Mazzitti and 6ullivan to info nn the Court or Counsel for Petitioner of Mazzitti and Sullivan's recommendation regarding inpatient treatment or Mrs. Steffen's response to thin recommendation. Nevertheless, she testified that Mazzitti and Sullivan "yave her the option" of attendiny inpatient treatment at no cost, she declined to nccept this recommended treatment option because she did not want to jeopardize her recently acquire employment as a cashier et the Giant store. On May 9, 1995, pursuant to the Complaint ps'svio~aly filed by Petitioner, a Custody Conciliation Conference was held at the offices of Samuel Andes, Esquire. Petitioner Bought primary physical custody. No agreement was reached regarding legal or physical cusr.ody. Counsel agreed that Ur. Arnold Sheinvold should conduct psychological evaluations of Mrs. Steffen, Commander Steffen and both children, prior to a custody hearing which would likely be scheduled before this Honorable Court in August. Counsel for the Petitioner sought unsuccessfully to obtain a release from Mrs. Steffen for Mazzitti and Sullivan to advise Dr. Sheinvold of their findings and treatment recommendations reyarding Mrs. Steffen's alcoholism. Although subpoenaed to testify in the exclusive possession proceeding, Mazzitti and Sullivan refused to permit Respondent's Counselor Melissa Carpenter to appear because Mrs. Steffen would 5 not sign a waiver authorizing her co dlvulyo confidential information concerning her alcoholism. At t:he November 24, 1994 hearirty, Respondent waived her privilege but balked at signing the waiver. At the hearing in thin; matCer although edmonistted by the Court, Mrs. Steffen again refused to sign the waiver. Commander Steffen advised the Court and tris wife Chat he ` intends now to finalize his divorce from Mrs. Steffen at the ~I earliest possible time, no longer believing that continuation of the marital relationship is possible or desirable. Commander ~! Steffen is presently stationed at the Army War College in Carlisle and expects to continue there for approximately ten (10) months, after which he will be transferred to Norfolk, Virginia, or another location outside the Cornrnonwealth of Pennsylvania. He testified that he believes that it is in his best interest end the best interest of his children for him to enjoy with them exclusive possession of the marital residence. He described his present mental and psychological state as orte of constant anxiety, dealing with verbal abuse from his wife on an almost daily basis and constantly fearing her next relapse and its consequences for the children partially in her care. Mrs. Steffen continues to insists the children are doing "fine" and have not been damaged in any way by her drinking or her behaviors. She also insists that the marriage is salvageable and that she dose not want a divorce and will not consent to a divorce. She has rejected all proposals to provide her with c•easonable visitation with the children, after she Leaves the marital residence. 6 In ynazkowski v. Lnczkowski, 344 Pn. Super. 164, 496 At1.2nd 56(1988), the Superior Court discussed the statutory authority for awarding exclusive possession to ona spouse and also discussed the standard to be applied in awarding it. Two sections of the Divores Code were citedr 401(c), now 23 Pa.C.S.A. S3323(f), relating to equlty power of the Court artd §102, now 23 Pa.C.S.A. 53502(c), relating to equitable division of marital property. They provide reepectivelyt Equity power and jurisdiction of the court. - In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person ovec~ whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 23 Pa. C.S.A. §3323(f). Family home. - The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 23 Pa.C.S.A. §33502(c). The Court in Laczkowski held that the award of exclusive possession to one spouse "must be clearly evident in the facts of each case," because it ie "a harsh remedy *_hat will not be awarded cavalierly." 496 At.l.2rtd at 62. In awarding exclusive possession, the Laczkowski Court noted 1) which party occupied the marital residence with the children, 2) the intolerable emotional conflict between the parties and 3) the adequate economic resources and 7 nlternative housing available to the party to be excluded from the mnritel residence. piSCUSS~ON Applying the law to the instant facts, it. is clear that Petitioner is entitlad to exclusive possession of the maritnl residence at this time. His health and welfare are suffering on e, daily basis, as are the health and welfare of his two minor children. They are req~iired to live in an atmosphere of extreme tension, with the constant uncertainty as to Respondent's stability and behavior. Skie is unable to function consistently as a wife or parent. Commander. Steffen's job performance is suffering greatly. Although Respondent is reluctant to accept the realty that she is going to be divorced, no undue hardship will be caused to her by requiring her to vacate the marital residence now rather than whop the divorce is finalized. In the last three years, she has volu~itarily left the marital home ten times during bouts with her alcoholism. She is employed outside the home and she has an earning capacity in excess of Twenty-Two Thousand ($22,000.00) Dollars. Furthermore, upon departing the mac•.ital residence, she will receive Seven Thousand Two Hundred (57,7.00.00) Dollars in U. S. Savings Bonds, as equitable distribution of her eeparate premarital property. When the divorce is finalized, she will receive as equitable distribution part of the equity in the marital home and approximately half of the remaining marital assets. She B owns an automobile which is in good working order and it is fully insured by Petitioner. Petitioner is at his litnite emotlonelly and deserves some peace in his own home when he returns }:rom work to parent his children. He has proven repeatedly during his Wifc~s relapses and many hospitalizatiuno that he is perfectly capable of parenting the children without her. This is precisely the factual situation that the Legislature in its wisdom contemplated ittc:onferring upon this Court the general equitable powers and more specific authority granted in 23 P,C.S,A, to award exclusive possession of ttte marital residence prior to the finalization of a divorce. Respectfully._submitted: ~'' ._ Edward J. eititraub, Eaqurre 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 IDN17441 Counsel for Plaintiff/Petitioner V~ , ~' Date d t 9 THOMAS E. STEEPEN, Plaintiff Ve, GERALYN M, 6TEFFEN, pefendant IN THE COURT OF CUMMON PLEAS CUMBERLANp CUUNTY, PENNSYLVANIA NO, 94-5092 CIVIL TERM IN DTVOR(:E •• Pl:'1'T'P1UN l'OR EXCLUSIVE: POSSESSION OF MARITAL RESIDL•'Nr,E CERTFF~CAT~Q,~' SERy_~~~ I, Edward J. Weintraub, Esquire, do hereby certify that H on~the i~~f day of May, 1995, I served a true end correct copy of Memorandum Of Law In Support U1 Petitioner's Request For Exclusive Possession Of Marital Residence in the above captioned matter upon Counsel for Defendant by depositing same in the United States Mail, Harrisbur.y, Pennsylvania, coi•tified mail/return receipt requested, addressed as follows: Lawrence F. Clark, Jr., Esquire 825 Fishburn Road Hershey, PA 17033 ~. ..._. C \~ ... „_ Edward J. Weintraub, Esqu 130 Walnut street ~, Herr.isbury, PA 17101 17~'7~ 238-•22U0 IpN17441 Counsel for Plaintiff 1 THOMAB E. BTEFFBN, t IN THB COURT OF COMMON PLBAB OF Plaintiff t CUMBBRLAND COUNTY,PENNBYLVANIA t v. t CIVIL ACTION - LAW t GERALXN M. BTEFFBN, t Defendant t N0. 94-5092 CIVIL TERM ORDER OF COURT AND NOW, this Z~ ~ay of August, 1995, upon consideration of the attached letter, the henring previously scheduled for August 25, 1995, is CANCELLED. BY THE COURT, J esley O e , Edwnrd J. Weintraub, Esq. 2650 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff Lawrence Clark, Jr., Esq. -'d' ~' 825 Fishburn Road Hershey, PA 17033 , Attorney for Defendant tro T,~, ~~ , cq ~ r, ~ .c.'_ ~.. ~ . .L I •~ ° C• ' ''~ ~ ~ ~ - ~ ~ , ~ , I.AW OFFICE EDWARD J. WEINTRAUB 1b!'~4) N. 7111RU STREET HANRISRURci, Pk'NNSYI VANIA 17110 1717) Y:iILYY~I~,Q,~I'TpUNAX 1717) 2,W 92dq T0: Non. J. Wesley Oler, ~ , Attention: Ruth P'ROMt Edward J. Weintraub, SUBJECT: Steffen DATE: Auqust 23, 1995 **RRtR M~t•AAtMRk#*•*~F ~AtMA ar#**iq 1!*k#bA*k*iR ifA*kIr*Arrdelt•**~F M1R 1!'R t!*N~R ~-***1Rd**1R This is to confirm that Larry Clark, Esquire, and I are in agreement that the hearing on August 25th at 9:00 a.nl. will be unnecessary. The Steffens, following an evaluation and mediation by Dr. Sheinvold, have reached an amicable agreement to resolve their custody issues. EJW:jlg cc: Lawrence Clark, Jr., Esquire ir!ia LAwnrrlcu MANCKE, WACiNER, HER6HEY $TULLY PPi] Nnpf/1!%ONI trA[Lr JONN • MANGNL AMLA COpK 717 % RIC HARP WAO NLR NA%%INU%u. %~ ITI lu tb1.70b1 pAVlp L. HL R/NLY WILLIAM T. TULLY June 15, 1999 E. Robert Elickeri Esquire Divorce Master 9 North Hanover Btreet Carlisle, PA 17013 Re: Steffen v. Steffen No. 94-5092 Dear Mr. Elicker: It would be appreciated if a one week extension oould be granted in which to file the Pre-Trial statement as I em scheduled to be on vacation from June 28th through July il, 1999. Your attention is appreciated. --~ Sincerely, P. Richard Wagner PRW/dks ,~ acs Paul J. Esposito, Esq. 4AW OfnC[• I MANCKE, WAGNER, HERSHEY a TULLY iL]] NUAIN IAgN! Vs(V JOHN L MAN4ML NAAAU[un o, P. In io AALA CDDL 717 P AIC NAAD WAO NLA i0b7D~1 DA YID L NLA6NLY WILLIAM T TULLY Jens 15, 1999 Mr. Curt Lonq Prothonotnry of Cumberland County Cumberland County Courthouse Carlisle, PA 17013 Re: Steffen v. Steffen No. 94-5092 Dear Mr. Lonq: I, Enclosed herein for filing please find Plaintiffs Affidavit Under section 3301(d) of the Divorce Code executed by my client, Thomas Steffen. Your attention is appreciated. Sincerely, P. Richard Waqner PRW/dks Enclosure cc: E. Robert Elicker, II, Esq. (w/encl.) Paul J. Esposito, Esq. (w/encl.) THOMAB E. BTEFFEN, t Plaintiff t I t v, t c ~' O$RALYN M. BTEFFEN, t Defendant e IN THB COURT OF COMMON PLEAB OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 94-5092 CIVIL TERM ;fJ REt PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE DER OF COURT AND NOW, this ,'(~, day of April, 1995, upon consideration of the attached letter, the hearing in this metter is RESCHEDULED to Thursday, May 11, 1995, at 3100 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~ ~ "~ ~. J.~ I'Wesley ~61es, .~k'. , ~ J~. ~ Edward J. Weintraub, Eeq. 130 Walnut Street Harrisburg, PA 17 101 Attorney for Plaintiff C,oQ+.~c,,.. n~u,~..{ ~} ~~~ ~i S Lawrence Clark, Esq. 825 Fishburn Rond -'A' P• Hershey, PA 17033 Attorney for Defendant :rc p. 56i W~~ `~` ~~ L 8d~ (',~.. 1Y .. Lnw or•Flre EDWARD d. WEINTRAUB 190 WALNUT STREET IIARIi15BURG. PENNSVWANIA 17101 1717) ;l9tl•12W FA% 17171 Y:ltl•9YIiU MEMORANDUM TOt harry Clark, Esquire FROM: Edward J. Weintraub, Esq SUBc Steffen - 9A-509 Civil Term DATE: April 6, 1995 *rrr*r~a~r*r-ra•x~-ra•x+ka~aa*~kr~~YV~,r+ar~r~Yr~-v„-+r*-r,Y~r,t~t~ir*,-r~t~Yrrr Because April 20th did not work for you, this is to confirm that Judge Oler (per Ruth),has rescheduled L-he hearing on Tom's Petition For Exclusive Possession for May 11, 1995 at 3:00 p.m. EJW:jlg / cc: Ruth V/ Tom Steffen ' • ~) i • , ~~15 ~ 1 THOMAS E. BTEFFEN, t t Plaintiff, c V. t t t GERALXN M. BTEFFEN, t C Defendant. c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 94-5092 CIVIL ACTION - LAW IN DIVORCE pL71INTIl~~B PRe-TRI71L STATEMENT AND NOW comes the Plaintiff, THOMAS E. BTEFFEN, by and through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and fibs the following Pre-Trial Statement: I. VIT71L 6T71TIBTICBt Plaintiff and Defendant were married October 3, 1981. Two children were born unto the marriage, Kathryn Steffen, born June 16, 1989, and Michael Steffen, born July 4, 1991. The parties had lived in a jointly owned home in Camp Hill, Cumberinnd County, Pennsylvania, which was sold in 1997, with each party receiving $9,000.00 from the sale. The Plaintiff fs in the United States Navy. Defendant is a part-time cashier at Giant Foods Mnrket in Camp Hill, but previously had been an executive secretary with the Federal Government for eighteen (18) years until early retirement. A Complnint in Divorce wes filed eaptambar 9, 1994, with the parties hnving executed Affidnvits under Section 3301(d). Currently, the two children era in the custody of the pefandent. A. Marital Property: The parties home in Camp Hill, Pennsylvania, has been sold with the consent of both parties and the proceeds divided equally. B. Personal.prooerty: The parties have satisfactorily divided the personal property. C. Retirement Benefits: Plaintiff has military retirement and the Defendant has Civil Barvica Retirement, both of which have been analyzed by Harry Leister. III. =YPERT NITNEBBHBI None expected except for the use of Harry Leistar. iV. OTHER NITNE88EBe A. Plaintiff anticipates no witnesses other then himself. V. IMOOME BT71T1MEMTt Plaintiff will provide n current Income and Expene• Btntament closer to the date of the hearing. VI. PEMBIOMBt Plaintiff participates in the Military Retirement system, a defined benefit plan, while the Defendant partiaipates in the Civil Service Retirement System, which is also a defined plan. VII. MARITAL DEETBt None VIII. PRODOBED REEOLOTIONt Plaintiff believes that the resolution of equal division of property would be fair under the circumstances. Respectfully submitted, MAMCEE, 11A~R~ EERBxEY i TpLLY 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney Por Plaintiff DATEt 'y •/ ~J`~ I, Debra K. Spinner, secretary in tha law firm o! MANCKE, WAGNER, HERSHEY, & TULLY, do hereby certify that I nm this day serving a copy of the foregoing document to the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United states Mail, Hnrrlsburq, Pennsylvania, with first class postage, prepaid, and addressed as follows= Paul J. Esposito, Esquire GOLDBERG, KATZMAN 6 SHIPMAN 310 E. Market Street P.0. Box 1268 Harrisburg, PA 17118-1268 By ~l'tGlly ~ ~)c.n.r,, i De ra K. sp er, Secretary MANCKE, WAGNER, HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Plaintiff DATEt H ~~ a~~; ~3~~4 sw~~ z`~^ Q~n W~ ~_ 1, I, uw ar¢n ~~t~'~ w _~~r._ MANCKE, WAQNER, HERSHEY 44 TULLY ,o , n1~ /Ilyy N'~~A'NW~~A Lww orrlcxB CjOLDB68U. KATT.MAN L~t SIrIYMAN, P,(:. IIYU NAbxxT YTgxxT RONALD N. NAT2NAM OI COUN/ll I L[[ WIPNAN N'CRAW b%bbY NOUAN^ MTNURL OgOMxO PAUL J [/PONTO Y.V. box IYUN JO/NUA O IOCA N[IL N[ND[R/NOi gAbbltlbU bo. N%N NtlY LVANIA 17WN•IYOtl J JAr COOP[R TNONA/ [ M[NN[R T%L%NIIUN%'~ 17171 YUA•~Illl JONN A 6TATLLR rA%: 17171 YIl•L•BBUB NARRr / OOLD/tR0 APRIL L 6TRAN0•MUTAY II//L I~UI OUr N /ROON6 NTTNJIW W W.U /NIdW.L'UN J[fIG/ON J 6NIPNAN JLRRY J RV660 NLRYNA O/IICL MICNA[L J CROC[NCI 17u1 saa•+o+• iNONA6 J Wp[N ARNOLO/ NOOAN CANU/LL O/I'ICc [VAN J NLIN[. nl 17n1 a+e o/n JOILI °[`°"[":° July B 1999 sr[v[N [. axw/ , /oRN orncc ouNA woooau 1x171 /+r 7nr JOIYIR NINOatr ~ E, Robert Flicker, II, Esquire Office of D[vorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Thomas E, Steffen v. Geralyn M. Steffen No. 94-5092 Dear Mr, Flicker: In the event that you have not yet received the Section 3301(d) affidavit signed by Mr. Steffen, I enclose a copy of that document, Yours very truly, DICTATED BUT NOT READ PJF/vyc Paul J. Esposito Enclosure THOMAS E. STEFFEN, Plaintiff, v. GERALYN M. STEFFEN, Defendant IN THE COURT OF COMMON PLEAB CUMBERLAND COUNTY, PENNSYLVANIA N0. 94-5092 CIVIL ACTION - LAW IN DIVORCE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. prarNTTFF'S AFFIDAVIT UNDER SECTION 330~(dl OF THE DIVORCE CODE 1. The parties to this action separated in August of 1995, and have continued to live separate and apart for a period of at least two (2) continuous years. 2. The marriage is irretrievably broken. 3. I understand that i may lose rights concerning alimony, division of property, lawyer's fees or expenses if i do not claim them before a divorce is granted. I verify that the statements made in this Affidavit era true and correct. I understand that false statements herein are made subject to the penalties of 18 P.C.S. Section 4904 relating to unsworn falsification to authoriti~lss~, s E.IiStiieffen DATE: r~ r'~Yr ~~ THOMAS E. STEFF'EN, Plaintiff vs. GERALYN M. STEFFEN, Defendant t IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, FENNSYLVANIA t t NO. 94 - 5092 t t CIVIL ACTION - LAW t t IN DIVORCE ORDER AND NOTICE SETTING IIC•.ARING 7.0; Thomas E. Steffen Plaintiff P. Richard Wagner Counsel for Plaintiff Geralyn M. Steffen Defendant Paul J. Esposito Counsel Eor Defendank You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the _____ dAY of at a.m., at whirl) place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By t e C rt, ~ ' ~ , . rg E. Ifof[c.r, hrurtidunt ,ludgc! Date of Order and Notice: - HY~ _.-......__.__-.-._---......_.__.-__._.._. _ ._. Uivorcc Morstar iF YOU DO N01' HAVE A LAWYEk OR CANNU'1' AF'NOItD c)Nl{, GU 'l'O OH TELEPHONE 'CHE OFFICE SET FORTH HEhOW 'I'c) F'INU QU'I' WIIFIN[•; YOU c'AN GET LEGAL HF.[,P. CUMDE:R[.ANU Ci)UN'l'Y IfAlt !,''.:;t~rlA'I'Ic)N ~ 2 LIUE;It'I'Y AVF:MIF. 'I'ELF;PIIc)NI; ( 7 I / ) ; 4'1 1 I cat, 6oldb~rp. Ktum~n 8: BNPnun, P.C. Pwl J'. Papalw, P.pufre • I.P. N35~54 J20 Mp1cq BItM Pat Ua{a aot 1268 HurWwe,PA 17106d2G6 ptwnley'ror ntBaawl TEIOMAS E. STEFFEN, IN TEIE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVAMA v. N0.94-5092 GERALYN M. STEFFEN, :CIVIL ACTION -LAW Defendant IN DIVORCE PRE-TRIM. STATEMENT AND NOW COIv~S Defendant, GERALYN M. STEFFEN, by her attorneys, Goldberg, Katzman & Shipman, P.C. and Paul ]. Esposito, Esquire, and files the following Pre-Trial Statement pursuant to Pennsylvania Rule of Civil Procedure 1920.33(a) and (b): 1. LIST OF MARITAL AND NO)Y-MARITAL ASSETS. - (A) Military Retirement System Pension (Plaintitl); (B) Civil Service Retirement System Pension (Defendant): (C) Motor vehicles (Chevrolet van, Jeep Wrangler, Honda motorcycle and Harley Davidson motorcycle) The parties' farmer marital residence was sold in 1997. The parties divided the net proceeds equally. Each party received $9,000.00. The parties' personal property has been divided. 2. EXPERT WITNESSES. -None anticipated.. 3, OTHER WITNESSES - Plaintiffanticipates no witnesses other then herself. 4, EXHIBITS. - (A) Pension valuation report prepared by Harry M. Leiater,lr,, dated May 22, 1996; (B) Defendant's paystubs; (C) 1998 federal income tax return. Defendant reserves the right to supplement this answer with additional exhibits es they ere determined end become available. 5. INCOME STA~'EMENT. -Defendant will provide a current income and expense statement closer to the date of hearing. 6. EXPENSE STATEMENT, -Defendant will provide a current income and expense statement closer to the date of hearing. 7. ~(rNSIONS. -Plaintiff participates in the Military Retirement System, a defined benefit pension plan. Defendant participates in the Civil Service Retirement System, also a defined benefit pension plan. Harry M. Leister, Jr., prepared a report dated May 22, 1996, indicating the value of the parties' pension benefits and other pertinent information. A copy of Mr. Leister's report is attached to this statement. 8. COLINSEL FEES, -The parties entered into a verbal agreement whereby Plaintiff assumed sole responsibility for his counsel fees and one-half of Defendant's counsel fees incurred in this matter from August 1, 1997, through its conclusion. 9. DISP[1TED PERSONAL PROPERTY. -None anticipated. ]0. MARITAL DEBT . -None. 2 (A) The motor vehicles set forth in paragraph 1 ofthis Pre-Trial Statement will be retained by Plnintift and Defendant will be compensated for her interest in the fair market value of those vehicles. (B) The marital portion of the parties' respective pensions will be divided equally in accordance with Harry M. Leister's valuation report. This will be accomplished by the preparation and implementation of a Domestic Relations Order to be prepared by Mr. Leister at Plaintiffs expense. Plaintiff' will designate Defendant as the beneficiary on the survivor's benefit plan. (C) PlaintiffwillcooperatetothtextentnecessarytoensureDefendant'scontinued receipt of any and all benefits to which she is entitled as a former spouse, prior and subsequent to divorce, as a result of Plaintiffs military service. (D) Plaintiff shall be responsible for one-half of the counsel fees, costs and expenses incurred by Defendant in this matter from August 1, 1997, to its conclusion. (E) Plaintiff shall pay permanent alimony to Defendant in accordance with the support guidelines. (F) Plaintiff shall provide insurance on his life and designate Defendant as sole beneficiary. Said coverage shall provide a death benefit of $150,000.00, until the parties' son attains age twenty-three (23). (G) The parties shall be divorced in accordance with Section 3301(c) of the 3 i Divorce Code, se emended, RespectNtlly submitted, GOLDBERG, KAT2MAN & SH[PMAN, P.C, r, By ~r~rr , ,~,:,~, PAUL J. ESP, SITO, ESQUIRE 320 Market Street Post Oftico Box 1268 Harrisburg, PA 17108-1268 I Supreme Court ID t{25454 Attorneys for Defendant ,' ,, , GERTIFICATE OF SERVICE On this 2nd day of July, 1999, I certify that a copy of the foregoing PRE-TRIAL STATEMENT Has served upon the following counsel of record for Plaintitfby placing the same in the United States mail, first class, postage prepaid, addressed as follows: P. Richard Wagner, Esquire Mencke, Wagner, Herohey & Tully 2233 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. `~ PAUL J. ESPOSITO, ESQUIRE 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Supreme Court ID #25454 Attorneys for Defendant ~, Conrad ~I, Siegel, Inc. Harty N Lever. Jr.. F S A. Actuaries/Benefits BnonS. Senn,FSA. Clyde E. Oln`nch, F.S.A. 500 YaUOnwide prlve . ~.•. ~ RuWrt 1. Dolor, A,S.A. _ ' "' P. O. Box 5900 Devld F. Snrllnl{, AS.A. ^ ~ ~ ~ Harruburg, PA I) I U1-:S90U ~ • Ruben l..vtmnk. F S .1. w w 7 ~^ ' (7l )) b5'.-5633 tMnd H. KIIIICk, F S.A. Fax (71 )) 540-910ti !affray S..Nyen. F 5..~. - Thomm L. Zbnmermm. F.S.A. 61enn A. Hofer. F 5..~. Poyd S. Co"nadleke. F S A. Fronk S Rhuoer. F 5 A., .~.C..A.S. blay 22, 1096 Choler B. Fnedlonder. A.S.A. Holly .~. Rorr, F 5..~. EntoIIW Aorvmn ~ERI5A1 Conrad .N. SleEel. F S.A. Eul L. hlummert. E..~. Mr. Thomas E. Steffen Kenn .~. Ero. ~ S A. 432 Lnmp Post Lane """" `~~°'".r Camp Hill, PA 17011 Dear blr. Steffen: THObLaS ~ 5TEFFEN You provided me with the following information concerning Thomas E. Steffen; 1. Date of birth - Mnrch 3, 1966. 2. Date entered military service - &Iay 17, 1977. 3. Date mnrried • October 3, 1981. 4, Date separated -September 9, 1994, 6. Basic pay as of September 30, 1994 • $4,203.90 per month. Currently, Thomas E. Steffen is 41 years of age (age nearest birthdayl, The Military Retirement System is a defined benefit pension plan. The pension is based upon the final pay and years of service. a member is eligible to retire after 20 years of service. Based upon the information previously described, I determined that ~Ir. Stetfen's accrued monthly pension as of September 9, 1994, was 51,818 per month. Since the pension benefit accrued as of September 9, 1994, takes into account 4.38 years of service before the date of mamage, it is necessary to multiply by a "coverture fracticn" in order to determine the portion of the pension earned during the marriage. The numerator of the "coverture fraction" is 12.93 (the years from the date of marriage until the date of separation) and the denominator is 17.31 (the years from the date of entry into the military service until the date of separation). Thus, the "coverture traction" is .75 (12.93 divided by 17.31). The portion of the pension earned during the marriage is $1,364 151,318 multiplied by .76}. You requested that I calculate the present value of the pension earned during the marriage for retirement at ages.44, 46 and 48. The following table shows the results of these calculations; Conrad ~I, Siegel, Tnc, Mr. Thomas E, Steffen May 22, 1996 Page 2 Present Value Pension Retirement At A¢e ~rned Durin¢ ~[arria¢e 44 5301,916 4g 268,998 48 2'23,283 GERa[,}';y V[. STEFFE`f You provided me with the following information concerning Gernlyn VI. Steffen, 1. Date of birth • March 1, 1967. 2. Date hired • June 16, 1976. 3. Date married -October 3, 1981. 4. Date employment terminated • .January 7, 1994. 6. Date separated -September 9, 1994. 6. Basic rate of pay as of January "r, 1994 • 825,210 per year. 7. Accumulated contributions as of date of termination of employment - 818,239. Currently, Gernlyn l~f. Steffen is 39 years of age (age nearest birthday). The Civil Service Retirement System is a defined benefit pension plan. The pension benefit is based upon the years of service and the Hnal three year average pay. Since Gernlyn VI. Steffen has terminated her employment there, her monthly pension will start at age 62. I have calculated her estimated pension as of January 7, 1994, based upon the basic rate of pay previously indicated. 'this provides an estimated monthly pension of 5701. The monthly pension indicated in the immediately preceding paragraph takes into account 6.30 years of service before the date of marriage. Therefore in order to calculate the portion of the pension earned during the marriage, it is necessary to multiply by a "coverture fraction." The numerator of the "coverture fraction" is 12.26 (the years from the date of marriage until the date of termination of employment) and the denominator is 18.56 tthe years from the date of hire until the date of termination of employment). 'T'hus, the "coverture fraction" is .66 (12.26 divided by 18.56). - The portion of the pension earned during the marriage is 5463 (5701 multiplied by .66) per month. ,(~ Conrad ~I, Siegel, Tnc, Mr, Thomas E. Steffan htay 22, 1996 Page 3 While Geralyn :V[, Steffen was covered under the Civil Service Retirement System, she was not covered for Social Security benefits, In accordance with the Cornbleth vs. Cornbleth decision, it is necessary to calculate what her Social Security benefit would have been if she had been covered for this benefit. On the basis of the earnings information previously Indicated and assuming the previous earnings increased in accordance with the increase in the U.S. average salaries, the estimated Social Security benefit attributable to the mamage to start at age 62 is $187 per month. The following table shows the present value of the pension earned during the marriage: Present Value Pension Earned Durin$ ~[arriaae CSR5 Pension 6'17,136 Social Security _1.4.x.2 Yet $16,176 Since the net present value in the above table of 516,176 is less than the contributions, [have assumed a value for the pension of i;13,239••the amount of the contributions made under the CSRS. «+. The 1~Iilitary Retirement System pension, the Civil Service Retirement System pension and the Social Security benefit are indexed. What this means is that each year the benefit increases in accordance with the Consumer price Index. The above figures are based on the assumption that the Consumer Price Index would increase at the rate of 3.090 per year. The Consumer Price Index increased on the average at the rate of 5.359a per year over the last 30 yews, 5.6690 per year over the last '20 years and 3.6290 per year over the last 10 years. The present values have been based on the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest race is 6.090 per year for ''?0 years followed by 4.759c per year. The mortality is in accordance with the 1983 Group :\nnuity mortality Table. You also requested that [make additional calculations concerning the portion of your military pension that might be awarded to ~Irs. Steffen on the assumption that all of the marital pension benefits are to be divided equally. The following table shows the results of these computations: Retirement At Aee 44 46 48 Portion of b[ilitary Retirement System Pension for Mrs. Steffen 6641 634 626 Conrad:~I, Siegel, Inc. Mr. Thomas E. Steffen May 22, 1996 Page 4 Perhaps an additional comment regarding the above table would be in order, Assuming you retire at age 44, the present value of your pension amounts to $301,916. To Chia I added the value of $18,239 for Mrs. Steffen's pension beneHta, Thin provides n total value of the marital pension for both of you of $320,164, Next, assume that one-half of thin value {a to be awarded to each person. The amount to be awarded to each person would be $180,077 ($320,164 multiplied by .B). In order to determine the portion of your monthly blilitnry Retirement System penaton Chnt might be awarded to Mrs. Stett'en, I subtracted the value of her pension of $18,239 from $160,077 to obtain a Rgure of $141,938. This present value in turn is equivalent to a monthly pension under the ~Cilitary Retirement System starting at age 44 of $641 l$141,838 - $301,916 x X1,364;. I made similar calculations based upon the present values if you retire at age 46 or at age ~L9. If you have any questions, please call With beet regards, Yours sincerely, ~~ ~ ~ b 1 ~~ ~ ~~ Harry I. Lnister, Jr., F.S. Ccns ling Actuary HblL:kad I I 1 iV THE COURT' OF COMMON PLE.15 OF CL?tBERLAND COUNTY, PENNSYL'lANIA T[IOMAS P.. STEFFEDi : Plaintiff ~ va. : GEPALYN M. STEEPED' ~ Y0. 5092 Civil 19 9A KOTION FOR AP°OIVT:(E'`IT OF `CASTER TEIOMAS E. S'PEFFED' (Plaintiff) (pR~pcpd}~Rpt), moves the court co appoint a master ,rith rnspecc to the following claims: ( ) Divorce (X ) Distribution of Property ( ) Annulment ( ) Support ( X) Alimony (X) Counsel Fees ( ) Alimony Pendants Lite ( ) Costs and wYpenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) Thn defendant (has) (baac:arai[) appeared in the action (R~OfsRkk3d (by his attorney, Paul J. Esnos't}, o• ,Esquire). (3) The scaturory ground(s) for divorce (is) fr.003t+,a 3302 fd! (4) Delete chn inapplicable paragraph(s): k ak x ~s xaot+lsR x>faac na t xxaat tacoaod . : f 7c k x ~Aax ag~eneoc ~tnu xhe~.x s emche d x~bmtcc x zs~teocx x st9~ ~G#x following claims: (c) Tha action is contested with respect to the following claims: see shove (5) The action Gd,Ax4ck~) (does nac involve) complex issues of law or fact. (6) The hearing is eccpected co take 1/2 k~scn~=) (days). (%) Additional iniotmation, if any. relevant to the motion: Dace: 5/25/99 (Defendant) 4`iD vOW - ,19 , `tF~ti~lt~f ~~..~~r Esquire, is appointed ter xich respect to the following claims :_ -~r~l __ By the . J fly ri r ~,~ "1 1 ~ _ ~ ~. I 1 lil i I ~ r 1 i i I I I ! I I I ~ I ~ r ~ ~ I i ~ I r I I i I iI I, ' I ' ' I i ~ I i ' ' 1 r I I ~ ~ ' ~ i. I ~ I I I ~ ! 1 . I i ~ it •. ~~ r I ~ ~ r ~.'1 _ ~ I {~~ ~ i i. 1~11~ i ~ r I. 1 ~.. I ~, I 1 1'.~~ ' i i I _ i ~ I 1 i ~ I I ~ I.. i _ ' ' I I ~ ~. 1 ~ r ~ I ~ ' ~ I I ~ I ' ~ i. ' j ~ ' 1 i ~ ' ' ~ ~. ~ ~ ~ i I .. ~ .,. ~ .iM.., I UW O!/IC1R MANCKE, WAONEAi, HERSHEY a,TULLY JuHNp MANOR[ ea JJ NURIN fRDNr •IRJILf P. RICHARD WAUN[R N~RRIRURO. N~ In m ARkA CODt 717 tiA~7Apl DAVID t~ HR RpN tY WILLIAM 7 TULLY i July 14, 1999 E. Robert Flicker, Esquire Divorce Master 9 North Hanover etrast Carlisle, PA 17013 I Ra: Steffen v. Btelfen No. 94-5092 Dear Mr. Flicker: Enclosed herein please find the Pre-'Prinl Btntement on behal! oP my client, Tom Steffen. Your attention is appreciated. sincerely, C _~ ( P. Richard Flagner PRW/dka ~_._ Enclosure ' ~ ca: Paul J. EspoRito, Eaq. (w/anal.) I. , '. I , I TH(1MAS F., STF:FFEN, IN TILE COURT OF COMMON PLEAS OF rlnintin7Reslxmdcnl t ('IIMBERLANUi'OIINTY,PENNSYLVANIA VS, t ('IVII. ACTION • DIVURC'F: NU, 9{ • 611'12 CIVIL, TERM GERALYN M. STEFFF.N, t IN DIVOR('E Ucl'cndunl/Plnnnill' DRM 29,51 pucxexN x171112175 AND NOW, This 12"' dny of April. 2onn, upon considenuion of the nunchcd Petition for AlBnony Pcndanc LIIC and/or counsel Ices. it is hereby Jinxed that the ponies and (heir respccllce counsel nppcnr lxforc RJ~1lIIJsiuy mt Mav N, 21II10 n! Jlh,,ill A,M, Ibr a confcrcncc. nt Li N. Hnnoccr St.. Qulfslc, PA 171113, nner ~xhich the conkrcnce olliccr mu} reannmatd den nn Order for Ahmom Pendwuc Lite be entered. YOU urc funhcr ordered to briny to the confcrcncc (I I n talc copy of your mall recent Fcdernl htcmne'I'n.x Return. includinµ \Y•2's us 171ed 121 Sour pay stubs for the prcccdinu six (r.l months 1.11 the Income and Expense Suueman cut~lchcd w this order. completed ns required by Rule 191n Ilr' 1d1 vcrHkntien of chHd cure e.xpenscs 131 proof of mcdiall co~crugc ~~ hich you nary hug c. or nmy hucc acuihtblc to you IF you foil to uplxur for the. confcrcncc or bring the required documents, the Court nary issue n xvurnun for cmv arrest. BY THE COURT, Gcorgc E. Hoffer, President Judge Maflcopicson Petitioner 4-12.110 to: < Respondent Paul Esposho. Esquire P. Richard Wagner. Esquire ' rl '! it Dntc of Order: A 1.12 2~uni._ ~ I ~__ it ~ `~ ~ ` C~c-t &LI. -- ~-- ;{---- R. 1. Shc day. C'mderencc Officer /\//// YOII HAVE THE RIG117"PO A l.AWYF.R, WHO MAY A'PTEND THE CONFERENCE AND REPRESEN'P YOII, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI.F.PHONE THE OFFICE SET FORTH BELOW TO FIND OIIT WHERE YOU MAY GF.T LEGAL. HELP. Cl1MHERLAND ('Ol1N'fY HAR ASSO('IA'fION 2 LIHERTti' AVE?. ('ARLISLE. PENNSYLVANIA 1701) (71711{9.3I6G ,: ,'I~ f J . I ,. .'. , ~ I '1, I ,~ ~i ~ I I ~ r r ~ r ~ ~ ' i ~ I ~ I i r i 1 ~ I I ~ ' l ' I i ~ ~ ~ i r 1 ~ ' 1 ~ i I ~ i I i i r ' ~ ~ ~. i. ~ ~ I i ~ ~i i ~ ~ i i ' ~ I I ~ I I i ~ i r i ~o . t 1 . ~ r 0040EER0, KAT7MAN ~ 6MIPMAN, P.C. AW J, LIPo~MO, r4gYln qu/nmo Court b 176464 070 Mukot 6eno4 P.O. Mw 17g8 Harltbury, PA 1710!•17E! Altorruy~ Io/ Od~ndmt THOMAS E, STEEPEN, Plaintiff , v. , GERALYN M.STEFFEN, ; Defendant : IN THE COURT OF CQMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 94-6092 CIVIL CIVIL ACTION -LAW IN DIVORCE TO THE HONORABLE JUDGE OF SAID COURT; The Petition of GERALYN M. STEEPEN, by her attorneys, Paul J. Esposito, Esquire end Goldberg, Katzman & Shipman, P.C., respectfully represents that: 1. Petitioner is the Defendant in the above•captioned divorce matter. 2. On July 22, 1999, Petitioner filed a Petition for Related Claims Under the Divorce Code, which included a claim for alimony pendente Iite. 3, On March 29, 2000, Petitioner filed a complaint for child support with the Domestic Relations Section of Cumberland County, Pennsylvania. 4. Petitioner is seeking en award of alimony pendente Ifte, and therefore requests that a conference be scheduled by the Domestic Relations Office. WHEREFORE, Petitioner, by her attorneys, respectfully requests that this Hono-eble Court enter en order scheduling a conference before a Domestic Relations Conference Offloer to address her claim for alimony pendants lire. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. (, By l ~ i,~l. AUL~;f. ESHOSITO, ESQUIRE 320 Wlarkef Street Post Office Box 1288 Harrisburg, PA 17108-1288 Supreme Court ID #26464 Attorneys for Defendant ~ i ' ~i I ' I i i ~ I r i~ f ~ ~ ~ i I 1 i i ~ On this 30'" day of March, 2000, I certify that a copy of the foregoing PETITION TO SCHEDULE CONFERENCE FOR ALIMONY PENDENTE LITE was served upon the following counsel of record for Plaintiff by placing the samo In the United States mall, first class, postage prepaid, addressed es follows; P. Richard Wegner, Esquire Msncke, Wegner, Hershey & Tully 2233 North Front Stroet Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIP~VIAN, P.C, /~tic~1~°, ,.~,~,~' sy PAUL .I. ES OSITO, ESQUIRE 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID #26464 Attorneys for Defendant ~ i ,' i1 J 1 I i ~ ~ I 1. - 1 ~. ~ i ... 1 I i ~ i ~ ~ ~ I i ~ ~. i 1 i ~ ' i 1 ~ ~ ~ ~ i i I - ~ ~ 1 ~ ~ ~ ~ s~, _ ~ ~ ~ ~ t ~ ~ ~ ' i 1~ G ~ (~ 1Y ITT .. ' ~ 11 ~ )'lj r: ~, r:3 ' ~' ~;i ~. i• ~ ~ ~-~ C,) ,. ~:! _ i ~. i ' i I ~ { ~ I ~ ~. 1 i I ~ 1 i ' 11 ~ r ~ r - ~ i I 1 'I ~ ~ ~ I i i ~ I i ' i.. ~ _, ~ ~ i i i. 1 ' '~ . ~.. 4~W UIfIC1Y MANCKE, WAfiNER, HERSHEY d TULLY YJ7] N9N~N YMONI Nlxl [t lO/IN U MANCNK HAnNHYUNU xA ill lU N, NIC//ANp WAONLN DAVIp [ 11[NKHKY WILLIAM T 7ULLY Mrty I I , 2000 The Honorable Edgar E3. E3aylcy ~ J ~' Uu Cumbcrlmtd County C'ourthuuse One Courthouse Square .y C'arlislc, PA 17013 / w`~~ Re: Stct~en v. Steven Dear Judge E3aylcy: ANKA CDpK 717 p[/•7gg1 'this letter will confirm my telephone conference with your staff concerning the above-captioned matter. The parties are currently scheduled for a Master's hearing in June of 2000, at which time the issue of alimony is to be addressed by Mr, Flicker. 'I'hc husband believes there is an agreement in place which is refuted by wife. The issue is whether there is or is not an agreement theretbre needs to be addressed. The parties have agreed to address it through Domestic Relations and recently attended a conference beti~r~~ Conference Officer Shadday. It was noted at the conclusion of the conference the next available time tier a regular support hearing would not be until some time in .luly or August of 2000, well beyond the scheduled Master's hearing. The Honorable Edgar B, Bayley Re: Steffen v, Steffen May I I, 2000 Page z Accordingly, your staff has indicated that the issue of "an enforceable agreement" could be addressed on May 22, 2UUU, at IU;UU a,m, It is anticipated that this matter will take no more than one hour. Your attention and courtesy is appreciated. ,._--~ Sincerely, , ~~ P, char agmer PRW/dks -~ cc: Paul J, Esposito, Esq, Mr, Tom Steffen ,, ~~ ,, EDWARD J. Ww;INTRAUB A'I"I'QRNI:Y ANU COl1NtiFLUR A'I' I AW Xnr,O N rlllitl) ~I~NEF.! HAHI115H11H(i. I'F:NNtiYLVANIA 171111 1717) X~f&'1X00 I~AX Y7171 X9H 7XHi1 MEMORANDUM T0: FROM: RE: DATE: Paul Esposito, Esq. Edward J. Weintraub, Esq. Tom Steffen Mey 18, 1996 I trust that Lynn has shared with you the custody agreement mediated by Arnie Shelnvold. Please incorporate ft into a Stipulation with any other provisions Lynn wants end send it to me for Tom's review. Arnie is also helping them resolve their economic issues. I will be meeting with Tom June 4, 1998 and will thereafter send you a draft Marital Settlement Agreement. I understand that the parties have hired Harry Leister to do a Qualified Domestic Relations Order. l EJW:wIs pc: Tom Steffen ' ~ ~ 5 ~>>~ QRS 4-W q1/ICl{ MANCKE, WAGNER, HERSHEY 4 TULLY JONN ~. MANCRI nlT ND{rN IrDN+ l+A[l+ AR[A CODR 717 ~. RICNARO WADN{R rulrn{u{a. r~ I n lu pA.TD{ I DAVID L N{R{NlY WILLIAM T. TULLY .IUne I $, 2000 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Steven v, Stetlen No: 94-$092 [7ear Mr, Elicker: Enclosed herein please find an Atlidavit of Consent, Waiver form, and the Agreement executed by my client regarding the above-captioned matter. Your attention is appreciated, Sincerely; ~-- P~ Wegner ~ ' PRW/dks Enclosures r THOMAB E. BTCFFEN, Pl~inti!! vs. fiERALYN M. STEEPEN, Dot~ndant IN THE COURT OF CODIIdON PLEAB OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 8092 CIVIL IN DIVORCE THE MABTERt Today is Tuesday, June 6, 2000. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present are the Plaintiff, Thomas E. Steffen, and his counsel P. Richard Wagner, and the Defendant, Geralyn M. Steffen, and her counsel Paul J. Esposito. This action was commenced by the filing of a divorce complaint on September 9, 1994, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Although husband has filed an affidavit under Section 3301(d), the parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. Counsel will have seven days from today's date to file the required affidavits and waivers. The parties were married on October 3, 1981, and as of this date, the parties have been separated for a period in excess of two years. The divorce complaint raised the economic claim of equitable distribution; on July 22, 1999, wife filed a petition raising additional claims of alimony, alimony pendente lite, and counsel fees and ccsts. The parties are the natural parents of two children, ages 8 and 10. Both children are currently in the custody of wife. The Master has been advised that after considerable negotiations today, the parties have reached a settlement with respect to all of the outstanding economic claims. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Specifically after the agreement is stated on the record and after the parties leave here today, there will be no substantive changes that can be made to the agreement. The agreement will be sent around to counsel and the parties to make any corrections of Lypographical errors and then the parties will be asked to sign the agreement affirming the terms of settlement as stated on the record at this time. Once the Master has received the signed agreement, he will prepare an order vacating his appointment so that counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Wagner. MR, WACiNERt Thank you. Tt[e parties agree as follows[ 1. Husband, through his counsel, shall cause to be prepared a Qualified Domestic Relations Order providing that upon retirement of husband from the Navy, wife shall receive a monthly benefit of 5641.00. The said 5641.00 a month payment shall be increased by any percentage of cost of living increase provided by the terms of the pension. 2. Husband agrees that prior to the time of normal retirement, should he be disabled from his employment, he agrees tc seek, apply for, and receive his regular retirement so that wife's 5641.00 monthly payment will be paid from that normal retirement program. Any sums received as a result of any disability retirement shall belong to the husband, wife having received her payment of 5641.00 through the normal retirement that husband is obligated to undertake. 3. Husband shall maintain a life insurance policy on his life in the amount of 5200,000.00 with each of his children named as irrevocable beneficiaries until such time that the youngest child reaches age 23. 4. Husband agrees to maintain a 565,000.00 life insurance policy on wife as irrevocable beneficiary until such time as the youngest child reaches *_he age of 23 then husband agrees to provide 5100,000.00 worth of life insurance benefit to wife until such time that husband is 75 years of age. 5. Husbar[d shall pay the sum of 5500.00 a month to wife commencing July 1, 2000, and each month thereafter for a period of five years through the Domestic Relations Office. The 5500.00 per month is not subject to modification but will terminate upon the death of either party. 'Phe 5500.00 will be considered as income for child support purposes calculations only after the first three years of payment. The parties agree that this payment is, although through the Domestic Relations Offir_e, for tax purposes not to be considered alimony and will be considered equitable distribution. 6. Both parties agree to waive any further claims for alimony, alimony pendente lite, and spousal support in the past or in the present as well as counsel fees. 7. Both parties agree not to file any exceptions or appeal from the decision of Judge Bayley entered May 2A, 2000, said order setting forth the disposition and confirming the disposition of.' outer marital assets and marital issues not contained in this agreement. 8. Husband and wife agree that the disposition of the pension as set forth above has taken into consideration both husband's pension as well as wife's pension so that wife's pension and/or any proceeds or any property acquired by that shall remain solely the property of the wife. 9. Except as herein otherwise provided, each party may dispose of his or her property in arty way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in tha other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 10. Both parties acknowledge that they have undergone extensive litigation to reach this agreement today including discovery and each party is satisfied that they are fully aware of all assets and liabilities of each party in entering into this particular agreement. tAFt. WAGNER: Mr. Steffen, sir, you have been present while I dictated this proposed agreement. Did you hear what I said? t+Rt. 3TEFFEN: Yes, I did. Fgt. WAGNER: Did you understand what I said? MR. 3TEFFEN: Yes, I did. MR. WAGNER: Is there anything today that -~ interferes with or clouds your abil.lty to understand what I said to the Master? MR. BTEFFENt Nom. MR. WAONER: Knowing what I just said to the Master end knowing that the Master indicaL•ed that the terms that I have dictated constitute an agreement between you and your wife, forever foreclosing all issues as between you and her, except for the breach of the agreement or as we talked, child support or custody, is it your intent and do you desire to have this agreement entered between the parties? MR. BTEFFEN: Yes, it is. MR. WAGNER: Do you have any questions? MR. BTEFFEN: No questions. MR. EBPOSITO: Now, Mrs. Steffen, have you' been present and have you listened to the terms of the agreement as recited by Mr. Wagner? M3. BTEFFEN: Yes, I have, MR. ESPO$ITO: Did you understand all of the, terms as recited by Mr. Wagner? MS. BTEFFEN: Yes, I Crave. MR ESPOSITO: Are you under the influence of alcohol or any drugs, be it prescription or otherwise, which would prevent you from understanding those terms today? MS. STEEPEN: No, I am not. MR. ESPOSITO: Is there arry other reason of which you are aware which would prevent you from understanding what you have heard today from Mr. Wagner? M8. BTEFFEN: No, there is not. MR. EBPOBITO: Now, with Lhat - - with those responses, is it your intention to have those terms as recited constitute a final, comprehensive, and binding agreement upon both you and Mr. Steffen? MB. BTEFFEN: Yes. And that did include that he has no claims to my home? MR. EBPOBITO: Yes. I think that was very clear that that was part of the terms recited by counsel. MS. BTEFFEN: Okay. MR. EBPOBITO: You understand that this is a fins], agreement; that is, that it is forever binding upon you with respect to the issues which were included in the recitation and that it does riot include child support and the issues that are related to that, including child care and medical expenses and private school tuition? M8. 3TEFFEN: Yes, I do. MR. EBPOSITO: You understand that that is a separate matter? M3. 3TEFFEl1: Yes, T do. MR. EBPOBITO: Do you have any questions about anything that was recited here today and which has been made a part of the record? MB, BTEFPENt No, I don't. MR, EBPOBITOt Are you certain of that? M8. BTEFFENt Yes, T am. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNE$B: DATE: _-~ 1.S~G~~ v P. icha Wagner At for Plaintiff Paul J. Esposito Attorney for Defendant Geralyn M. Steffen THOMAS E. STEEPEN, t IN THE COURT OF CUMMON PLEA6 OF Pluhlliff/Rcspnodcnl t CUMBERLAND COUNTY, PENNSYLVANIA t VS, t CIVIL AC'f10N • DIVORCE t N0.94 • F092 CIVII.'fERM GERALYN M. STEEPEN, t IN DIVORC'F. DcfendtmbPcthfoncr t DRN 29,547 PscscsN 4171112175 AND NOW, this I S"' day of loot, 2000, upon cmtsidcrniml of the Pctllicn for Alhnony Pcndcntc Llle and/or counsel fees, it is hereby directed thm the plnies and their respccthe counsel nppeur before R.J. Shadduv on July 19. 1000 ur 10:10 ELM. Ibr a conference, nt I d N. Hnnoccr SL, C'nrlislc, PA 171113, alter which du wnfcrencc olticcr moy rcconnncnd shut nn Order for Alimony Pcndcntc Litc be entered. YOU arc funhcr ordered to bring to the conference: (I) u tme copy of your most rccau Federal Income Tn~ Rewnl. including W2's us Tiled (2) your pay scabs for the preceding sic (6) months (3) the Income and E.epensc Suncmem aunched to this order, completed ns required by Rulc 1910.1119 (4) verification of child care expenses (5) proof of nudicul cocerugc which you may have, ar may have nvnflnblc to you IF you toll to nppcur for the confcrmue or bring the required docununts, the Coun nary issue n warrant for your arrest. BY THE COURT. Gcorgc E. Hoffer, President Judge A4a11 copies on Petitioner b•IS-001o: < Respondent Paul Esposito, Esquire I j~ 4 P. Richard Wagner. Esquire - . ~ ~ ,(. ~~ ~_-a-- •'~-f'`-- ._ Dntc of Urdcr. ~unc I5. 20Ut1 ~ `_ // _ R. 1. , ta51 dday. Confcraue Officer VOU HAVE THE RIGHT'f0 A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17017 (717)249-31GG ~.. ~'i ~. ~ i ~ ~, ~ i 1 i i ~ - ~ ~ ' i i ' i Y i ~ i i ~ I i I ' i ;;~ ,r ~ , '': ~ ;i: i;f ~ ~ ~~ ~~~ ~.~ ~ _,. i~: t ' ' , ' . ~ ~ ~ .t ~. - ~ i i ~. ~~~ ~ , ~,~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Slalr _('o_ mmnnweallh of Pennrylvania Co./City/DIsL of COMBERLANU Date of Order/Notice o7 O1 06 Case Numlxr ISee Addendum for coat aummaryl EmployerNVllhhglder's Federal EIN Number DFAB CLEVELAND CENTER• C/O DFAB CODE L OARNIBHMENT OPB PO BOX 99gU02 CLEVELAND OH 44199-8002 O Odglnal Order/Ndlre O Amended Order/NMlce O Evrminale Onler/NOllce gk: BTEFFEN, THODIA6 E. Employee/Ohllggr's Name Ilasb Flrsl, MII ,D~>~ 9~ ~ so9~ ~ v ~s,E S Y/ Rio al ~s 196-44-7616 Employee/Obligor's social Serurlly Number 8044100619 Employer/Obligor's Case Idenllfler tSw Addendwn la pldntlN n~mer raal~ttd wNA rner on anedunenU _ CuslodWl Parent's Nrme ttos6 Flrsl, MII See Addendum for dependent names and b/rth dates associated with cases on attachment. ORDER INFORMATION: This Is an Order/Notice to Withhold Income for Support based upon an order For support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above named employEre's/obllgor'sirtcome until further notice even If the Order/Notice is not Issued by your State. E o. oo per month in current support 3 0. oo per month Inpast-due support Arrears 12 weeks or greaten Qyes ®no S o, oo per month In current and past•due medical support E o , 00 per month for genet(c test costs S _ per month In other (specify) for a total of S~ O,op per month to be forwarded to payee below. You do not have to vary your pay cycle to be f n compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: S o. oo per weekly pay period. 5 0. oo per biweekly pay period (every two weeks). S o. oo per semimonthly pay period (twice a month). 5 0, oo per monthly pay period. REMITTANCE INFORMA710N: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose o(the Ilmitatlon on withholding, the following information Is needed (See q9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-616.9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obflgor's Case Identf/!er) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. 7• S- uS Date of Order: ~V.L 5 ~~_ Service Type M BY THE CpURT: `~ C' - „ \ YG 1'11 _ ~~•~e a. aBAyceY Form EN•028 unre ho, n°m.nr~a WOrkeIID $IATT ,. -, ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDER5 ^ It heckiyl yoU JR+ r4H~l11YMf 1Q pri/~ifle J Tory of i ys (one lo' our ~+m'du ec. If core ernpb~'ey+ v~orks In J state tha~ls c I~ferenl rmn IIn 61Jt1 lhJl 166UM I 1 S Ott t' , a ro 1 must be lrovk 44 lo~our air tp oyre ev n f I to box Is not chrc ect. 1, Ptbtilyt Withholding under Ihls Onfer/Notice has priority over any other legal process wider State law Jgalnst the same Income. Federal mx levles fn elfect befom receipt of this onler have priority. If Ihere am Fc~lerJl lax levles In rffc+ct please contact the requesting agency Ilstert below. 2, Combining Paymenlsr You can cmnbine whhhekl amouns Gam more than one employ4rJobllgor's Income In a single payment In each agency requestlng wlthholding. Yuu must, however, separate+ly Identity the ponlon of the single payment that IS altrlbulable w each employee%bligur. 3,' Reporting the PnydaM/Date of Withholding: You must report the pnydam/date of wlthholding when srrnifng the pnyment The ptrydetNdelr of wlthholding Is the date nn which amount was withheld from the employee's wages. Yau must comply with the IJw of the stale of the empluyee's/obhgor's principal place of employment with respect to the tlme perlals within which you must hnplmnent the wlthholding artier and forward the support payments. 4." Employee/Obligor whh Multiple Support Moldingst II there Is more than one Ortler/Notice to Withhold Income far Support against this employee/obligor and you Jre wlable to honor Jllsupport Onfer/Notices due to Federal or State whhholding limits, you must follow the law of the state of employre's/obllgor's principal place ofemployment. You must honor all Ortlers/NOtlrns to the greatest extent possible. ISee k9 beluwl 5, Tetminalbn No118callom You must promptly notify the Reyuestlng Agency when the employee/obligor Is no longer working for you. Please provide the Informallun requested Jnd mwrn a copy of this Ort1er/NOtlre to the Agency Identified below. TMEEMPLOYEE/OBLIGOR NO LONGER WORKSFORt z49io>.e3oo EMPLOYEE'S/OBLIGOR'S NAMEr BTEFPEN. THOtM6 E. EMPIOYEE'SCASE IDENTIFIERc 804410081 DATE OF SEPARATIONr LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAMEIADDRESSr _ ,__ 6. lump Sum Paymentse Yau may be required to repon and withhold from Iwnp sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7, liability: If you fail to withhold Income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's Income and other penalties set by Pennsylvania State law. Pennsylvania Stale law governs unless the obligor is employed In another State, In which case the law of the State In which he or she is employed governs. 8. AntFdiscriminatium You are subject to J fine determined under State law for discharging an employeelobllgorirom employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support whhholding. Pennsylvania Stale law govems unless the obligor Is employed In anaher State, In which case the law o(the State in which he or she Is employed governs. 9." Withholding Limits; Yau may not withhold more than the lesser of: 11 the amounts allowed by the Federal Consumer Credit Protection Act (t 5 U.S.C. § 1673 1b11; or 21 the amounts allowed by the State of the employee's/obligor's principal place ofemployment. The Federal Ilmit applies to the aggregate disposable weekly earnings IADWEI. ADWE is the net Income Leh after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowcsi under the law of the Issuing vibe For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the stay+that issued the onler. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that Issued the order, you are to follow the law of the state that issued this order with respect to these items. t t.Submitted By: If you c1r your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone Jt 7c 1 n 240.6225 m P.O. BOX 320 by FAX at (717) 24¢6248 or CARLISLE PA 170]3 by Internet www.childsupportstate.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT ^nm n.,. o~nnor,.a 'gYNmpl IkN 6 ' ~ ~. i - I ~~ i , ~ ~ 1 LL. / f/; ~{~ 1 '• E1L-1 t 1 ~ q". 1_ 7 ', 1. ~i ~$ i2i (a ~ ~ ~~ ~ i ~ 4 ~ 7 4, ~ ~ I ii i 1 i ~ `• J ,.~ ~, Thomas E. Steffen ' Plaintiff VS. Geralyn M Steffen ' Defendant SEP 262DD7 ~e"1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 94-5092 IN DIVORCE DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Thomas E. Steffen ("Participant") is a Participant in the Plan. Geralyn M. Steffen ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Thomas E. Steffen 804 Riverview Road .Lemoyne, PA 17043 Social Security No.: 195-46-7615 Date of Birth: March 8, 1955 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Geralyn M. Steffen 99 Salem Church Road, Apt. A Mechanicsburg, PA 17050 Social Security No.: 188-46-6695 Date of Birth: March 1, 1957 6. The Participant is currently receiving a monthly pension under the Plan. 7. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. 8. The Participant's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. §521) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. r. R . DRO Page 2 9. This Order assigns to the Alternate Payee an amount equal to 10.8058% of the Participant's disposable military retired pay. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Paragraph 9. 10. The monthly payments under Paragraph 9 shall commence to the Alternate Payee as soon as administratively feasible following the date this Order is approved by the Defense Finance and Accounting Service (DFAS) and shall continue during the joint lives of the parties. 11. The Alternate Payee is not awarded any benefits under the Survivor Benefit Plan. 12. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 13. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on October 3, 1981, and divorced on August 29, 2000. 14. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 15. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 16. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 17. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 18. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS-CIJGAG, Assistant General Counsel for Garnishment Operation, Defense Finance and Accounting Services Cleveland, P.O. Box 998002, Cleveland, Ohio 44199-8002. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make alI necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. A certified copy of the Divorce Decree. b. A certified copy of this Domestic Relations Order. s,. wr . • M DRO Page 3 c. A copy of the Marriage Certificate of Mr. and Mrs. Steffen. d. An executed copy of Form 2293 entitled Application for Former Spouse Payments From Retired Pay. 19. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. BY THE COURT ~;~ ~ v s.~ ~~ . zs , z d n'7 CONSENT TO ORpER: PARTICIP ~t Signature) ~l~ 1 V ~ ~, ~ S Date ALTERNATE PAYEE/DEFENDANT Signature Date ~~~a3~6`~.~ ., ' -t ,,.~~~`, a'_' ~f .~.+'~i ~~ Ad"est.. ~ z ~~,-~1~ ;, _ ~ .,