HomeMy WebLinkAbout07-0911Billy J Hurley,
Plaintiff
V.
Stephanie M Hurley,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
. NO.
: CIVIL ACTION -LAW
: IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth
in the following papers, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a Decree in Divorce or annulment may be
entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Courthouse,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Jan A. Miller, Esquire
Atfornev for Plaintiff
i w
Billy J Hurley,
Plaintiff
V.
Stephanie M Hurley,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,, PENNSYLVANIA
. NO. s?9/1 ('i u ??ee
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Billy J Hurley, who currently resides at 416 Mount Rock Road,
Newville PA 17241.
2. Defendant is Stephanie M Hurley who presently resides at 416
Shippensburg Road, Newville PA 17241.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least
six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 23 1998, in Cumberland
County Pennsylvania.
5. There have been no prior actions for divorce or annulment between the
parties.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the United
States of America.
8. The Plaintiff has been advised of the availability of counseling and that the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
COUNT 1
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
9. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
10. The marriage of the parties is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to:
a) enter a decree dissolving the marriage between Plaintiff and
Defendant;
Respectfully Submitted,
Miller Lipsitt LL
By:
Ames A Iler, Esquire
Attorney r Plaintiff
356 No 21 st Street Street
Ca Hill, PA 17011
7) 737-6400
Billy J Hurley,
Plaintiff
V.
Stephanie M Hurley,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
. NO.
: CIVIL ACTION -LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this Divorce Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsification to authorities.
DATE: Tuesday, February 13, 2007
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Billy urley, Plaintiff
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Billy J Hurley, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-911 Civil Term
Stephanie M Hurley, CIVIL ACTION - LAW
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I, Michael A Scherer, Esquire, accept service of the Plaintiff's Complaint in the above
matter on behalf of the Defendant, Stephanie M Hurley and certify that I am authorized
to do so.
Date: _ 3. 12-0-7 #$? ?x
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, NA 17013
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PROPERTY
SETTLEMENT
AURE,E,MI,"NT
I3Y AND I3FTWI:I;N
STEPHANIE. M. HURLEY
AND
BILLY J. IIURLE.Y
AGREEMENT made this day of 2008, by and
between Stephanie M. Hurley of 416 Shippensburg Road, Newville, Cumberland County,
Pennsylvania, hereinafter referred to as "Wife", and Billy. Ilurley, of 102 Country Vlcw
}:states, Cumberland County, Pennsylvania hereinafter referred to as "Husband".
WVFNESSE'H I:
WHEREAS, the parties hereto are I-lusband and Wife, having been married on
May 23, 1998 in Cumberland County, Pennsylvania. There is one child ol'this marriage,
said child being Briana C. Hurley, born December 28, 2001, age six (6).
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen
between the parties, and it. is the intention of Wife and Husband to live separate and apart,
and the parties hereto are desirous of settling their respective financial rights and
obligations as between each other including the settling of matters between them relating
to the past, present and future support and/or maintenance of Wlfc by husband and
Husband by Wife.
WHFRI AS, the parties hereto wish finally and for all time to settle and determine
their respective property and other rights growing out of their marital relation: wish to
live separate and apart; and, wish to enter into this property and separation Agreement;
WHEREAS, both and each of the parties hereto have been advised of their legal
rights and the implications of this Agreement and the legal consequences which may and
all will ensue from the execution hereof;
WI-II REIAS, Wife acknowledges that she is thoroughly conversant with and
knows accurately the size, degree, and extent of the estate and income of 1 lusband, and
Husband acknowledges that he is thoroughly conversant with and knows accurately the
size, degree and extent of the estate and income of Wife;
NOW, THEREFORF,, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth which are hereby acknowledged by each of the parties
hereto, Wife and I-lusband., each intending to be legally bound hereby, covenant and agree
as follows:
1. ADVICE OF COUNSEL:
The provisions of this Agreement and their legal effect have been fully explained
to the parties by their respective counsel, Hannah Elerman-Snyder, Esquire for Wife and
James A. Miller, Esquire for Husband. The parties acknowledge that they have recel%-ed
independent legal advice from counsel of their selection and that they fully understand
the facts and have been fully informed as to their legal rights and obligations and they
acknowledge and accept that this Agreement is, in the circumstances, fair and equitable
and that it is being entered into finely and voluntarily after having received such advice
and with such knowledge and that execution of this Agreement is not the result of any
duress or undue influence and that it is not the result of any collusion or improper or
illegal agreement or agreements and the parties hereto state that he or she in the
procurement and execution of' this Agreement, has not been subjected to any fraud,
concealment, overreaching, imposition, coercion, or other unfair dealing on the part of
the other, or on the part of the other's counsel.
2. WARRANTY OF DISCLOSURE:
The parties warrant: and represent that they have made a full disclosure of all
assets and their valuation prior to the execution of this Agreement. This disclosure was
in the form of an informal exchange of information by the parties' attorneys and this
Agreement between the parties is based upon this disclosure.
I PERSONAL RIGHTS AND SEPARATION:
Wife and Husband may and shall, at all times hereafter, live separate and apart.
They shall be free from any control, restraint, interference or authority, direct or indirect,
by the other in all respects as if they were unmarried. They may reside at such place or
places as they may select. Each may, for his or her separate use or benefit, conduct,?carry
on and engage in any business, occupation, profession or employment which to him or
her may seem advisable. Wife and Ilusband shall not molest, harass, disturb or malign
each other or the respective families of each other nor compel or attempt to compel the
other to cohabit or dwell by any means or in any manner whatsoever with him or her.
4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar the right of' Wife or
Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or
shall hereafter exist or to such defense as may be available to either party. This
Agreement is not intended to condone and shall not be deemed to be a condonation on the
part of either party hereto of any act or acts on the part of' the other party which have
occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof. The parties intend to secure a mutual consent,
no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of
1980.
5. AGREEMENT TO BF, INCORPORATED IN DIVORCE DECRY.F:
The parties agree that the terms of this Agreement may be incorporated into any
divorce decree which may be entered with respect to them. Notwithstanding such
incorporation, this Agreement shall not be merged in the decree, but shall Survive the
same and shall be binding and conclusive on the parties for all times.
6. DATE OF F,XECUTION:
The "date of execution" or "execution date" of this Agreement shall be defined as
the date upon which it is executed by the parties if they have each executed the
Agreement on the same date. Otherwise, the "date of execution" or "execution date"of
this Agreement shall be defined as the date of execution by the party last executing this
Agreement.
7. PERSONAL PROPERTY:
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without limitation, jewelry, clothes. furniture.
furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of
art and other personal property, except that the parties agree to review all family photos
together and divide them to the parties' mutual satisfaction, and hereafter Wife agrees
that all of the property in the possession of Husband shall be the sole and separate
property of Husband; and Husband agrees that all of the property in the possession of
Wife shall be the sole and separate property ol'Wife. The parties do hereby specifically
waive, release, renounce and forever abandon whatever claims, if any, he or she may
have with respect to the above items which shall become the sole and separate property
of the other, with full power to him or her to dispose ofthe same as fully and effectually,
as though he or she were unmarried.
8.. BANK ACCOUNTS:
For the mutual promises and covenants contained in this Agreement, Husband and
Wife hereby waive all right, title, claim or interest they may have be equitable
distribution in their respective bank accounts, checking or savings, if any, and each party
waives against the other any duty of accounting for disposition of any jointly held funds.
The parties hereby confirm their prior distribution of the contents of their joint savings
account and neither shall hereafter make any claim against the other regarding the same.
9. MOTOR VEHICLES:
With respect to the motor vehicles owned by one or both parties, they agree as
follows:
a. The 1999 Ford Ranger shall become the sole and exclusive property of
Husband. Wife shalt, within ten (10) days of the execution of this Agreement. execute
any and all documents necessary to transfer the title and registration of the vehicle to
Husband's name alone. Wife shall waive any and all right, title and interest in said
vehicle from that time forward.
b. The 2006 Hundai Sonata shall become the sole and exclusive property of
Wife. Husband shall within ten (10) days of the execution of this Agreement execute any
all documents necessary to transfer the title and registration of the vehicle to Wife's name
alone. Husband shall waive any and all right, title, and interest in said vehicle from that
time forward.
C. The 2003 Honda Shadow shall become the sole and exclusive property 01'
I lusband. Wife shall waive any and all right, title, and interest in said vehicle at the time
of execution of this Agreement forward.
10. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE:
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of personal property, tangible or intangible, and any real estate
hereafter acquired by him or her, with full power, in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes, as though he or she were
unmarried.
11. DEBTS:
a. Except as otherwise herein expressly provided, the parties shall and do
hereby mutually remise, release and forever discharge each other from any and all
actions, suits, debts, claims, demands and obligations whatsoever, both in law and in
equity, which either of them ever had, now has, or may hereafter have against the other
upon or by reason of any matter, cause or thing up to the date of the execution of this
Agreement.
b. In the event that either party becomes a debtor in bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by
that party for the benefit of the other party pursuant to the provision of this Agreement,
the debtor spouse hereby waives, releases and relinquishes any right to claim any
exemption (whether granted under state or federal law) to any property remaining in the
debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the
debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in
all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse
as set forth herein, including all attorney's fees and costs incurred in the enforcement of'
this paragraph or any other provision of this Agreement. No obligation created by this
Agreement shall be discharged or dischargeable, regardless of federal or state law to the
contrary. and each party waives any and all right to assert that any obligation hereunder is
discharged or dischargeable. 'fhe failure of any party to meet his or her obligations under
any one or more of the paragraphs herein, with the exception of' the satisfaction of
conditions precedent, shall not in any way void or alter the remaining obligations of
either of the parties.
C. Husband shall provide to Wife, prior to the execution of this Agreement,
proof that the Chase credit card account in her name has been paid in full (as of the
parties' date of separation), as well as the joint Sheetz, Kohl's, and PSFCU credit cards.
Husband shall be responsible for any balance due and owing on all of the aloremetitioned
credit cards from date of separation forward.
12. WARRANTY AS TO EXISTING OBLIGATIONS:
Each party represents that they have not heretofore incurred or contracted for any
debt or liability or obligation for which the estate of the other party may be responsible or
liable except as may be provided for in this Agreement. Each party agrees to indemnity
or hold the other party harmless from and against any and all such debts. liabilities or
obligations of every kind which may have heretofore been incurred by them, including
those for necessities, except for the obligations arising out of this Agreement.
13. WARRANTY AS TO FUTURE OBLIGATIONS:
Wife and Husband each covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and keep the other indemnified From all debts,
charges and liabilities incurred by the other after the execution date of this Agreement,
except as may be otherwise specifically provided for by the terms of this Agreement and
ZZ,
that neither of them shall hereafter incur any liability whatsoever for which the estate of
the other may be liable.
14. REAL ESTATE:
']'he parties were joint owners of real estate located at 102 Country View Estates.
Ncwville. Cumberland County, Pennsylvania. Said property was titled jointly. 'fhc
property previously having been encumbered by a mortgage I«r which both parties ?N crc
responsible, has been refinanced such that Husband is and shall be solely and exclusively
responsible for the repayment of the refinanced mortgage and shall indemnify Wife and
hold her harmless from and against any and all demands for payment or collection
activity of any nature whatsoever.
The parties agree that upon execution of the this document. I lusband shall provide
to Wife EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO AND XX/100
($8,792.00) DOLLARS as Wife's sole property, and as consideration For her contribution
to the marital residence, and the remainder of any proceeds resulting from the refinance
of the marital residence being distributed to LIusband as his sole property. Neither party
shall make any claim against the other after the refinance and distribution of proceeds in
this manner.
15. PENSION, RETIREMF,NT, PROFIT SHARING:
Wife agrees to waive, relinquish, or transfer any and all right, title. and interest
she has or may have in any retirement account held by Husband, or that Husband may
have in his individual name or may have secured through his present or prior
employment.
Husband agrees to waive, relinquish, or transtcr any and all right, title, and
interest that he has or may have in any retirement account held by Wife, or that Wiic may
have in her individual name, or may have secured through her present or prior
employment.
16. ALIMONY:
a. Husband hereby waives all right to any claims against Wife for spousal
support, alimony, alimony pendente lite, counsel fees and expenses.
b. The parties agree and acknowledge that Husband shall pay the sum of'
TWO HUNDRED FIFTY AND XX/100 ($250.00) DOLLARS per month to Wife as
alimony. These payments are not modifiable as to duration or amount. The payments arc
due on the first day of the first month following the entry of a Divorce Decree, and due
on the First day of the first month for every month thereafter for a period of live (5) years
(sixty (60) months). The parties agree that Husband shall be wage attached through the
Cumberland County Domestic Relations Office. Husband's obligation to pay under this
paragraph shall end and. he shall be released from the obligation of payment upon the
death of either party, remarriage, or cohabitation of Wife. For purposes of this
Agreement, cohabitate means "living with a person of the opposite sex who is not a
member of Wife's family," and when "two persons of the opposite sex reside together in
the manner of husband and wife, mutually assuming those rights and duties usually
attendant upon the marriage relationship. Kripp v. Kripp, 578 Pa. 82, 849 A.2d 1159,
2004 Pa. LEXIS 1216.
Counsel for Wife shall draft a Stipulation and Agreement, to be filed
simultaneously with the finalization of the divorce action, to ensure that the alimony
obligation is addressed through the Cumberland County Domestic Relations Office and is
wage attached.
Husband shall maintain a life insurance policy, as set forth below in Paragraph 19,
to assure that alimony payments are made.
C. Husband shall continue to pay child support pursuant to the Domestic
Relations Order docketed at PACSES Case No. 392108873, Docket No. 00007 S 2007.. in
the amount of SIX HUNDRED FORTY-FIVE AND XX/100 ($645.00) DOLLARS per
month. Per the aforementioned Support Order, husband shall continue to maintain the
parties' child on his health, dental, and vision insurance until such time as the child is no
longer eligible to be covered and provided such insurances are available through
Husband's employment similar in terms and conditions as to those terms and conditions
available at the time of execution of this agreement. It is the intention of the parties that
this insurance shall continue through the child's post secondary education.
17. TAXES:
a. The parties agree to file their federal, state and local taxes jointly for the
2007 tax year. The tax refund shall be shared on an equal (50150) basis.
b. The parties agree that the stimulus rebate from the government, to be
issued for the 2007 tax year, shall be shared as follows:
i. The amount issued for the parties, as a couple, shall be shared on
an equal (50/50) basis; and
Ii. 'The amount issued for the parties, as the parents of one child, shall
be Wife's sole property.
C. The parties agree that Wife shall claim the child for any tax related claim
regarding local, state, and/or federal taxes for the 2008 tax year and all years thereafter.
18. COLLEGE EXPENSES:
The parties agree that they shall share the child's post secondary education costs
as follows: Ilusband has an EdVest Account in which he has been contributing FIFTY
AND XX/100 ($50.00) DOLLARS a month since the child's birth, such that there should
be no less than TEN THOUSAND EIGHT HUNDRED XX/100 ($10,800.00) DOLLARS
at the time the child begins her post secondary education. This money should be used
after taking into consideration the child's having submitted applications for all available
grants, loans, scholarships, work study programs and other financial aid. After the Ed
Vest Account is used, at a minimum of TEN THOUSAND EIGHT HUNDRED XX/100
($10,800.00) DOLLARS, the parties shall share tuition and room and board costs equally.
19. LIFE INSURANCE:
The parties maintain a life insurance policy on behalf of their daughter. The
parties are currently paying the premiums, 641/0 by Husband and 36% by Wife. The
parties shall continue to pay the premiums in this proportion and maintain this policy
until such time as they both agree that this policy is no longer necessary.
Each party agrees that the other party shall have sole ownership and possession of
any life insurance policies owned by the other except that Husband agrees to maintain the
child as one half (1/2) beneficiary of any existing life insurance policy he has at any
given time.
Each party shall have the right to borrow against, cash in policies, change
beneficiaries, and exercise any other incidents of ownership of the respective policies free
of any right or claim by the other party except as described above. Each party agrees to
sign any documents necessary to waive, relinquish or transfer any rights in such policies
to the respective party who presently owns such policies except as described above.
Furthermore, Husband shall name Wife as beneficiary on a life insurance policy
currently in place, or obtain a life insurance policy if he does not currently have one, to
guarantee that Wife, in the event of Husband's death, will receive any payments due to
her under the alimony provisions ($250.00 per month) until the date of termination such
that he is maintaining a policy at all times that covers the balance still due and owing' to
Wife under the alimony provision.
20. WRITTEN DOCUMENTS:
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the proper implementation of this
Agreement, and as their respective counsel shall mutually agree should be so executed in
order to carry fully and effectively the terms of this Agreement.
21. BANKRUPTCY:
The respective duties, covenants and obligations of each party under this
Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should
discharge a party of accrued obligations to the other, this Agreement shall continue in full
force and effect thereafter as to any duties, covenants and obligations accruing or to be
performed thereafter.
22. DIVORCE:
Husband commenced an action for divorce from Wife pursuant to Section 3301
(c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a
N / All',
Complaint on February /7 2007.
Both parties shall, at the same time as execution of this Agreement, also execute
their Affidavit of Consent and Waiver of Notice and provide same to Wife's attorney.
a. Each of the parties agree that this Agreement represents a complete and
final agreement as to their respective property rights which arose from the marital
relation and therefore mutually waive any and all rights they may have under Section
3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206.
b. This Agreement may be offered in evidence in the action for divorce and
may be incorporated by reference in the decree to be granted therein. Notwithstanding
such incorporation, this Agreement shall not be emerged in the decree, but shall survive
the same and shall be binding and conclusive on the parties for all time.
23. LEGAL FEES:
Each party shall be responsible for his or her own attorney's fees in regards to the
divorce action.
24. REMEDY FOR RREACI1:
ff either party breaches any provision of this Agreement, the other party shall
have the right, at his or her election, either to sue for damages for such breach, in which
event the breaching party shall be responsible for payment for legal fees and costs
incurred by the other in enforcing their rights hereunder, or to seek such other remedies
or relief as may be available to him or her.
25. EQUITABLE DISTRIBUTION:
It is specifically understood and agreed that this Agreement constitutes an
equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife or either of them during the marriage as
contemplated by The Act of December 19, 1990 (111. No. 1240, No. 206) known as "The
Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as
amended.
26. SUMMARY OF EFF'EC'h OF AGREEMENT:
It is specifically understood and agreed by and between the parties hereto, and
each party accepts the provisions herein made in lieu of and in full settlement and
satisfaction of any and all of said parties' rights against the other for any past, present and
future claims on account of support, maintenance, alimony, alimony pendent elite,
counsel fees, costs and expenses, equitable distribution of marital property and any other
claims of each party, including all claims raised by them in the divorce action pending
between the parties.
27. TAX CONSEQUENCES:
By this agreement, the parties have intended to effectuate and by this agreement
have equitably divided their marital property. The parties have determined that such
equitable division conforms to a right and just standard with regard to the rights of each
party. The division of existing marital property is not, except as may be otherwise
expressly provided herein, intended by the parties to institute in any way a sale or
exchange of assets and the division is being effected without the introduction of outside
funds of other property not constituting a part of the marital estate.
28. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT_
Each party shall, at any time and from time to time hereafter, take any and all
steps and execute, acknowledge and deliver to the other party any and all further
instruments and/or documents that the other party may reasonably require for the purpose
of giving full force and effect to the provisions of this Agreement.
29. RECONCILIATION:
The parties shall only effect a legal reconciliation which supersedes this
agreement by their signed agreement containing a specific statement that they have
reconciled and that this agreement shall be null and void; otherwise, this agreement shall
remain in full force and effect. Further, the parties may attempt a reconciliation, which
action, if not consummated by the aforesaid agreement, shall not affect in any way the
legal effect of this agreement or cause any new marital rights or obligations to accrue.
30. SEVERABILITY:
The parties agree that the separate obligations contained in this Agreement shall
be deemed to be interdependent. If any term, clause, or provision of this Agreement shall
be determined by a court of competent jurisdiction to be invalid or unenforceable, then
the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill
as closely as possible the purpose of the invalid provision. Notwithstanding any release
contained herein, the parties intend that they may reinstate any and all economic claims
to the extent available under the Divorce Code of 1980. Further, any court of competent
jurisdiction may, under the equitable provisions and purposes of the Divorce Code,
reinstate any economic claim which was available at the time of the parties' separation or
avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the
purpose of the unenforceable provision.
31. NO WAIVER OF DEFAULT:
This Agreement shall remain in full force and effect unless and until terminated
under and pursuant to the terms of this Agreement. The failure of either party to insist
upon strict performance of any of the provisions of this Agreement shall in no way affect
the right. of such party hereafter to enforce the same, nor shall the waiver of any breach of'
any provision hereof be construed as a waiver of any subsequent default of the same or
similar nature, nor shall it be construed as a waiver of strict performance of any other
obligations herein.
32. INTEGRATION:
This Agreement constitutes the entire understanding of the parties and supersedes
any and all prior agreements and negotiations between them. "there are no
representations or warranties other than those expressly set forth herein. This Agreement
shall survive integration by any court into any judgment for divorce and shall continue to
have independent legal significance as written contract separate from such judgment for
divorce and may be enforced as an independent contract.
33. EFFECT OF DIVORCE DECREE:
The parties agree that unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such time as a final decree in
divorce may be entered with respect to the parties.
34. NOTICES:
Any and all notices given hereunder shall be in writing and shall be sent
registered mail, return receipt requested:
a. To the Husband c/o James A. Miller, Esquire, 765 Poplar Church Road,
Camp Hill, PA 17011.
b. To the Wife c/o Hannah Iferman-Snyder, Esquire, 200 North 1lanover
Street, Carlisle, PA 17013
35. WAIVER OR MODIFICATION TO BE IN WRITING:
No modification or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default
hereunder shall be deemed a waiver of any subsequent default of the same or similar
nature.
36. CAPTIONS:
The captions of this Agreement are inserted only as a matter of convenience and
for reference and in no way define, limit or describe the scope and intent of' this
Agreement, nor in any way effect this Agreement.
.
37. AGREEMENT BINDING ON HEIRS:
The Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
38. LAW OF PENNSYLVANIA APPLICABLE:
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
39. SUBSEQUENTLY DISCOVERED PROPERTY PI?NALTY FOR
NONDISCLOSURE:
Should either of the parties subsequently discover the existence of any marital
property not distributed by this Agreement, said property shall be divided in the same
proportion as this Agreement's equitable distribution of marital property. Ilowever, if the
existence of said property was knowingly concealed or its value misrepresented by one of
the parties, said property shall be transferred in its entirety to the non-concealing party
and the concealing party shall pay all costs, fees, and attorneys fees occasioned by the
failure to disclose its existence or true value.
IN WITNESS WHEREOF; the parties have set their hands and seats to two
counterparts of this Agreement, each of which shall constitute an original. the day and
year first above written.
Witness: r
- Seal)
ASt ani e M. Hurley
(Seat)
xe-- -_-
B
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
On this, the us 1-V - day of - /'/ , 2008, before me, a notary
public, the undersigned officer, personally appeared Stephanie M. Hurley, known to me
(or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein
contained.
In Witness Whereof, I hereunto set my hand and notarial seal.
MO?MMAt liAl<
190L?
Nowma
90M0AKI
CMw?MNon 010M JIM •. sell
Not Public
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF CUMBERLAND On )
On this, the ??day of v"? i)?-? 2008, before me, a notary
public, the undersigned officer, personally appeared Billy J. Hurley, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and notarial seal.
3APok MWY Gam
CAP to omr 30? 2009
VW
Notary Public
-17
t fj,
Billy J Hurley, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07-911 Civil Term
Stephanie M Hurley, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed and
service was obtained upon the defendant by her attorney accepting service thereon on
March 12 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint and service upon Defendant of
the same.
3. 1 consent to the entity of a Final Decree in Divorce after service of notice of
intention to request entry of -the decree.
4. 1 have been advised of the availability of marriage counseling, and understand
that I may request that the Court require that my spouse and I participate in counseling.
I further understand that the Court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request. Being so advised, I do
not request that the Court require that my spouse and I participate in counseling prior to
a divorce decree being handed down by the Court.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date: o -61_-z -
Billy J Hurley
710
X PN r
?
mar;;
.
1/21/2006 2:02 PM FROM: Great Road Settlemnt Miller Lipsitt LLC TO: 2435063 PAGE: 002 OF 003
Billy J Hurley, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-911 Civil Term
Stephanie M Hurley, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed and
service was obtained upon the defendant by her attorney accepting service thereon on
March 12 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint and service upon Defendant of
the same.
3. 1 consent to the entry of a f=inal Decree in Divorce after service of notice of
intention to request entry of the decree.
4. 1 have been advised of the availability of marriage counseling, and understand
that I may request that the Court require that my spouse and I participate in counseling.
I further understand that the Court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request. Being so advised, I do
not request that the Court require that my spouse and I participate in counseling prior to
a divorce decree being handed down by the Court.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unswom faJ,sification to authorities.
Date: ) ? / - C
M Hurley
(
G? C{
}
Billy J Hurley,
Plaintiff
v.
Stephanie M Hurley,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 07-911 Civil Term
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with
the Prothonotary.
I verify that the statements made herein in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. A.
Section 4904, relating to unworn falsification of authorities.
Date:
Billy J Hurley
a
.
?"
i
Y wr a ?
.r
1/21/2008 2:02 PM FROM: Great Road Settlemnt Miller Lipsitt LLC TO: 2435063 PAGE: 003 OF 003
Billy J Hurley, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-911 Civil Term
Stephanie M Hurley, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY QF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with
the prothonotary.
I verify that the statements made herein in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. A.
Section 4904, relating to unworn falsification of authorities.
Date: (r' al ? ? C)
AtephaOieMHurley
0
C
-ri
r7
l
J ?
?1?
Billy J Hurley,
Plaintiff
V.
Stephanie M Hurley,
Defendant
To the Prothonotary:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-911 Civil Term
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date and manner service of the Complaint: by Defendant's counsel, Michael
A Scherer, Esquire, accepting service thereon on March 12 2007.
3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention
Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code:
by Plaintiff: May 2 2008
by Defendant: April 21 2008
Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree
required by Section 3301(c) of the Divorce Code:
by Plaintiff: simultaneously herewith
by Defendant: simultaneously herewith
4. Related claims pending: There are no related claims pending.
Respectfully Submitted,
Miller Lipsitt LLC
Jan7e`s A Miller, Esquire
Mtorney for Plaintiff
765 Poplar Church Road
Camp Hill, PA 17011
(717) 737-6400
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Billy J Hurley
Plaintiff
VERSUS
Stephanie M Hurley
Defendant
No 07-911 Civil
No.
DECREE IN
DIVORCE
AND NOW, yM IT IS ORDERED AND
DECREED THAT
AND
Billv J Hurle
Stephanie M Hurley
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; V10*,FP_
The parties hereby incorporate, but not merge, the April 21 2008
Property Settlement Agreement into this final Decree in Divorce
PROTHONOTARY
?.A ? .?;t
ti 1
BILLY J. HURLEY,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
STEPHANIE M. HURLEY,
Defendant
NO. 2007-911 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION AND AGREEMENT REGARDING
ALIMONY
This Agreement, made this ( _ day of _ /"f/-, 2008 by and between
Stephanie M. Hurley, party of the first part, hereinafter referred to as "Wife,"
AND
Billy J. Hurley, party of the second part, hereinafter referred to as "Husband,"
WITNESSETH:
WHEREAS, the parties were married on May 23, 1998 and separated on October 11,
2006.
WHEREAS, the parties have executed a Property Settlement Agreement simultaneously
with the execution of this Stipulation and Agreement.
WHEREAS, pursuant to Paragraph sixteen (16) of the Property Settlement Agreement,
Husband is obligated to make alimony payments to Wife.
WHEREAS, Husband and Wife have agreed to the following stipulation:
1. Husband shall pay to Wife alimony in the amount of $250.00 per month, beginning
on the first day of the first month following the entry of a Divorce Decree and said
obligation is payable for five (5) years (sixty (60) months).
2. Husband shall be wage attached through the Cumberland County Domestic Relations
Office for the aforesaid alimony obligation.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
f
Hannah Herman-Snyder, Es ire Date AS'lRE?IfIANIE M. HURLEYV
Attorney for Stephanie M. Hurley
pe's A. r Esquire Date BIL . J. HURLEY
orney, f Billy J. Hurley
N ' t 'Z
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
On this o?lskday of 4,9'r/ / , 2008, before me, the undersigned
officer, personally appeared Stephanie M. Hurley, known to me (or satisfactory proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that she executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
...........
Nlf1A?lAt >NAt
NWLPM
"W" PWM
•Omwft
C?NAm 006"J"!. !. mt
Notary ublic
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this Z day of 14A- , 2008, before me, the undersigned
officer, personally appeared Billy J. Hurley, known to me (or satisfactory proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that he executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seat.
AMR
-mac ?
Ti
MAY 16 nmr-zl
BILLY J. HURLEY,
Plaintiff
IN THE COURT OFCOMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
S'I'EPIIANII? M. I [URLEY,
Defendant
NO. 2007-911 Civil Term
CIVIL . ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 9M-day of 2008, upon consideration of the
1
attached Stipulation and Agreement regarding Alimony, IT IS IIEREI3Y ORDERFD AND
DECRI'E'D that Husband shall pay alimony to Wife in the amount of $250.00 per month,
effective the first day of the lirst month following the entry of the Divorce Decree, with said
ohligation payable for live (5) years, (sixty (60) months). Payment shall be collected via wa0 c
attachment by the Cumberland County Domestic Relations Office.
By tile Cj>dfff,
Cc: 4aines A. Miller, Esquire
,Iltorney.Jor Plainlil
Ilannah IJerman-Snyder, 1,squirc
Attornev.fu' 1)e/e17(lanl
CaP) t'es m t ,
S/2 i/o g
.l .
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 06/04/08
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
DFAS CLEVELAND CENTER*
C/O DFAS-HGA/CL
GARNISHMENT OPS
PO BOX 998002
CLEVELAND OH 44199-8002
392108873
7 S 2007
RE: HURLEY, BILLY J.
07-911 CIVIL
O Original Order/Notice
O Amended Order/Notice
O Terminate Order/Notice
Employee/Obligor's Name (Last, First, MI)
197-50-5966
Employee/Obligor's Social Security Number
1383101771
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 895 . o0 per month in current support
$ o. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no
$ 0.00 per month in current and past-due medical support
$ 0. oo per month for genetic test costs
$ 0, 00 per month in other (specify)
for a total of $ 895.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 206.54 per weekly pay period.
$ 413.08 per biweekly pay period (every two weeks).
$ 447.50 per semimonthly pay period (twice a month).
$ 895. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL_
Date of Order: JUN 0 5 2008
DRO: R.J. SHADDAY
Service Type M
BY THE CO
EDWARD E. GJIDO,% JUDGE
Form EN-028 Rev
OMB No.: 0970-0154
Worker I D $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If heck. ? you are required to provide a copy of this form to your uloyee. If yoyr employee works in a state that is
di erent TTrom the state that issued this order, a copy must be provi eedd to your employee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300
EMPLOYEE'S/OBLIGOR'S NAME: HURLEY BILLY J.
EMPLOYEE'S CASE IDENTIFIER: 1383101771 DATE Of SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left 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 allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more
than the amounts allowed under the law of the state that issued the order.
10. Additional Info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
11.Submitted By: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (717) 240-6248 or
CARLISLE PA 17013 by internet www.childsupport.state.pa.us
Page 2 of 2
Service Type M
OMB No.: 0970-0154
Form EN-028 Rev. 1
Worker ID $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HURLEY, BILLY J.
PACKS Case Number 392108873
Plaintiff Name
STEPHANIE M. HURLEY
Docket Attachment Amount
00007 S 2007 $ 645.00
Child(ren)'s Name(s): DOB
BRIANA C._ HURLEY 12/28/01
? 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 436110075
Plaintiff Name
STEPHANIE M. HURLEY
Docket Attachment Amount
07-911 CIVIL $ 250.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment. Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren) ? 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/obligor's employment. through the employee's/obligor's employment.
Addendum Form EN-028 Rev. 1
Service Type M OMB No.: 0970-0154 Worker ID $IATT
G cz,
°rx?
W
ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT 07-911 CIVIL
State _Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 01/01/09
Case Number (See Addendum for case summary)
OOriginal Order/Notice
392108873
7 S 2007 OAmended Order/Notice
OTerminate Order/Notice
(Done-Time Lump Sum/Notice
Employer/Withholder's Federal EIN Number
DFAS NAVY ACTIVE DUTY
RE: HURLEY, BILLY J.
Employee/Obligor's Name (Last, First, MI)
Sent Electronically
DO NOT MAIL
197-58-5966
Employee/Obligor's Social Security Number
1383101771
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachmenO
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 645.00 per month in current child support
$ 25. oo per month in past-due child support Arrears 12 weeks or greater? O yes ® no
$ o. oo per month in current medical support
$ 0.00 per month in past-due medical support
$ 250.00 per month in current spousal support
$ 0.00 per month in past-due spousal support
$ 0.9.0 per month for genetic test costs
$ o. oo per month in other (specify)
$ one-time lump sum payment
for a total of $ 920.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 211.73 per weekly pay period. $ 460. oo per semimonthly pay period
(twice
$ 423-45 per biweekly pay period (every two weeks). $ 920.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. Ili 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT: EDGAR B BAYLEY
Form EN-428
Service Type M OMB No.: 0970.0154 Worker I D $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
If heck] you are required to pr vide a?opy of this form to your m loyee. If yorr employee works in a state thatkis
di?erent from the state that issued this o er, a copy must be provi?edpto your employee even if the box is not chec ed.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3499900000
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME: HURLEY, BILLY J.
EMPLOYEE'S CASE IDENTIFIER: 1383101771 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT-
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment,
refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(4) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN428
Service Type M OMB No.: 0970-01S4 Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
DefendanVObligor: HURLEY, BILLY J.
PACSES Case Number 392108873
Plaintiff Name
STEPHANIE M. HURLEY
Docket Attachment Amount
00007 S 2007 $ 670.00
Child(ren)'s Name(s): DOB
BRIANA C. HURLEY 12/28/01
PACKS Case Number
Plaintiff Name
PACKS Case Number
Plaintiff Name
Service Type M
Addendum
OMB No.: 0970-0154
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Form EN-428
Worker I D $ IATT
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BILLY J. HURLEY,
Plaintiff/Respondent
VS.
STEPHANIE M. HURLEY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 07-911 CIVIL TERM
IN DIVORCE
PACSES CASE: 436110075
ORDER OF COURT
AND NOW to wit, this 10th day of February 2009, it is hereby Ordered that credit be
given on the above captioned case in the amount of $250.00. There is an agreement of the
parties to the credit. This credit is for a direct payment.
BY THE COURT:
<; ?--4
Edward E. Guid , J.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Bradley L. Griffie, Esq.
James A. Miller, Esq.
Form OE-001
Service Type: M Worker: 21005
FED 1 0 L39
7 Feb 2009
TO: Cumberland County Domestic Relations
4 y.
FROM: Stephanie M Hurley 4
Billy J Hurley
RE: Alimony Case #436110075
Member #1383101771
This is to acknowledge that Stephanie M Hurley has received payment for alimony due
January 2009 from Billy J Hurley in the amount of $250.00.
Stephanie M Hurley
Billy J Hurley
u
61114 J Hurley ®04n4-M13 261
Llnd:5eLf M Eihcttt
Ph. 717-448-0227 -920c-,
102 country view E3t?tea
evvft PA 17241
PAY
TO THE ORDER OF
DOLLARS U L„n?P,a
MEMBERS 1ST FEDERAL. CREW UNION
MECHANIMBURG, PA 17055
WWW.MEMMMIST.ORG
FOR tg,*e-1
i:23138224i,: 2 18 28 7 58 9 411' 026&
TO N&OnD- 120D- n.•-C?sunam.-
-P.#TL MFWCYCLE?PAPEp
J
r
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-911 CIVIL
State Commonwealth of Pennsylvania
Co./City/Dirt. of CUMBERLAND
Date of Order/Notice 10 / 12 / 10
Case Number (See Addendum for case summary)
392108873 OOriginal Order/Notice
7 S 2007 ~X Amended Order/Notice
OTerminate Order/Notice
One-Time Lump Sum/Notice
EmployedWithholder's Federal EIN Number
DFAS ARMY ACTIVE DUTY
RE: HURLEY, BILLY J.
Employee/Obligor's Name (Last, First, MI)
Sent Electronically
DO NOT MAIL
197-58-5966
Employee/Obligor's Social Security Number
1383101771
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, Mq
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State. .
$ 645. oo
per month in current child support ~
~
'~
~? -~~
$ 25. oo per month in past-due child support Arrears 12 weeks or greater( ~s ~ n~
-
~
$ o.oo per month in current medical support ~~
" ~ ~
'`it.,.-
,
$ o . oo per month in past-due medical support cnr _ err;
$ o . oo per month in current spousal support ,~"'_. ~' ~' 'c3
$ o . o o per month i n past-due spousal support ~
' ~, ~ -;~
$ o . oo per month for genetic test costs ~,,,'~
-'' ~ ~'~
$ o. oo per month in other (specify) .~~ ~ ~~
$ one-time lump sum payment --a ~. .~
for a total of $
670.00 per month to be forwarded to payee below. _~
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 154.19 Per weekly pay period. $ 335 . oo Per semimonthly pay period
(twice a month).
$ 308.38 per biweekly pay period (every two weeks). $ 6~0. oo per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST 1NCLUDf THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT: KEVIN A HESS
Form EN-428 Rev.1
Service Type M OMB No.:0970-0154 Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
~ If heck you are required, to provide a opy of this form to your m loyee. If yo r employee orks in a state that is
di~ferent from the state that issued this order, a copy must be provideedpto your empYoyee even if tie box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If-there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee%bligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respell to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee%bligoranct you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3599900000
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~
EMPLOYEE'S/OBLIGOR'S NAME:HURLEY, BILLY J.
EMPLOYEE'S CASE IDENTIFIER: 1383101771 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT•
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment,
refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law
govems unless the obligor is employed in another State, in which case the law of the State in which he or she is employed govems.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
* NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (717) 240-6248 or
CARLISLE PA 17013
by Internet www.childsupport.state.pa.us
Page 2 of 2
Service Type M OMB No.: 0970.0154
Form EN-428 Rev.1
Worker I D $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HURLEY, BILLY J.
PACSES Case Number 392108873
Plaintiff Name
STEPHANIE M. HURLEY
Docket Attachment Amount
00007 s 2007 $ 670.00
Child(ren)'s Name(s): DOB
BRIANA C. HURLEY 12/28/01
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
__
Addendum
Service Type M
OMB No.: 0970-0154
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
Form EN-428 Rev.1
Worker I D $ IATT
BILLY J. HURLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND,COUNTY, PENNSYLVANI A
VS. CIVIL ACTION -DIVORCE
c ~ n
NO. 07-911 CIVIL TERM ~ ~ _ '~
STEPHANIE M. HURLEY, IN DIVORCE ~~ ~ '~'~'
Defendant/Petitioner PACSES CASE: 43b110075 ~~ -
~- ~~"''
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ORDER OF COURT ~ • °
;
.~-
AND NOW to wit, this 12`" day of October, 2010, it is hereby Ordered that the
Domestic Relations Section dismiss their interest in the above captioned Alimony matter,
pursuant to the Petitioner's request to terminate the Alimony obligation, effective September 26,
2010.
There is a remaining balance of $205.48 owed to the Petitioner and will be paid with the
current wage withholding payment through the PA State Collection and Disbursement Unit.
This Order shall become final twenty (20) days after the mailing of the notices of the
entry of the Order to the parties unless either party files a written demand with the Office of the
Prothonotary for a hearing de novo before the Court.
BY THE COU
~,
Edward E. Guido, J.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Form 0E-001
Service Type: M Worker: 21005
~~
Cumberland County DRS
P.O. Box 320
Carlisle, Pa 17013
September 29, 2010
Re: Alimony Case #436110075
To Whom It May Concern:
I am writing to inform this office that I have moved and am now
cohabitating. I understand that per my agreement with my ex-husband, the alimony
payments will stop. This is in reference to alimony case #436110075. Effective
date is September 26, 201.0. If you are in need of any additional information, please
contact me at 717-448-7173. My new address is 106 Virginia Avenue, Carlisle, PA
17013. Thank you for your attention to this matter.
S' cerely,
Stephanie Hurley
C~._}
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