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HomeMy WebLinkAbout97-06772?h. ;?:• :a •:a :r• ,.> ,?? 6r. to •:a :e •:?:• •:.> <.: ;?> ;a W. ;r. .V- •:e:• ,:r• c.> :.:• rr :.> :• ;r• <r•::.> W. C u IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY r t STATE OF PENNA, Kenneth A. Jones 97-6172 I t) N t t • Plaintiff Sally A. Jones Defendant r DECREE IN DI VORCE AND NOW, .. . ... ?'?... 19 it is ordered and MAA w, ? Kenneth .. . . Jones . plaintiff, . . .. . decreed that ? . . . . . . . . . . .... Sally A. Jones and ......................................................... . defendant, are divorced from the bonds of matrimony. 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 is been entered; The Marital settlement A9reernenr dated November. 25, 1998 and attached„ ........ ...... hereto d but not merged herein. . .. . . . . . . . . . • r? ?t Y ,1, t .,•„ Attest: J. y 'roll„rr,r,t„r Y , iw. W. <a <.: cr• ;r.• :.; r.> tr. :.: :a u: t.: :.; :• :.> :.> ta> :r. ;o:• ar. ?w.• w. w. ?• w> •:r• ;r• :?> t.:• t 4 `?,??? -eel, 4.?Ialoee KENNETH A. JONES, Plaintiff V. SALLY J. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.6772 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2S' day of /Jn? ;rr r,, , 1998, by and between Sally J. Jones, hereinafter referred to as "Wife", and Kenneth A, Jones, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on August 29, 1987; and, WHEREAS, Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 97-6772 Civil Term by complaint filed on December 8, 1997; and, WHEREAS, the parties are the parents of Kenneth A. Jones, Jr., born September 15, 1990, and Ashley N. Jones, born October 16, 1992; and, WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation without specification: settling of all matters between them relating to the ownership of real and personal property, and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any I and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, Wife is represented by Michael A, Scherer, Esquire, who Is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Husband Is represented by Robert J. Mulderig, Esquire, who Is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and Interests under the Divorce Code and regarding alimony and spousal support; and, WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, Including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereto being legally bound hereby, do covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such 2 a Decree, or fall to do anything required to obtain the Divorce Decree In breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable In accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and Inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain In full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. The parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. Each party will become the sole owner of the vehicle he or she currently drives. 4. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband 3 shall be his sole and separate property, and that In the possession or titled In the name of the Wife shall be her sole and separate property. i 5. Wife has no Interest, vested or contingent, In any pension plan. Husband presently serves his country in the United States Navy, and has been so enlisted with the Navy since 1984. The parties separated from one another In December, 1996. Wife shall share in one-half of the marital portion of Husband's Navy pension or other federal pension Husband may later receive credit on for his service In the Navy during the parties marriage, and Wife's entitlement to share in said pension shall be accomplished through the entry of a Qualified Domestic Relations Order. 6. A support order dated July 15, 1997, is presently in effect through the Cumberland County Domestic Relations Office docketed to No. 518 of 1997, which order requires Husband to pay child support and spousal support to Wife. The parties agree that the child support order shall continue and shall be modifiable in accordance with Pennsylvania law. The parties further agree that the current spousal support order In the amount of $333.00 per month shall be converted to alimony, said alimony to continue to be collected by the Cumberland County Domestic Relations office or any other domestic relations office where Wife from time to time resides. The alimony payment from Husband to Wife as contemplated herein shall cease should Wife die, remarry or cohabitate. 7. Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against 4 all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement, 8. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 9. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 10. Husband and Wife do hereby mutually release, remiss, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate 5 or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widowers right or under the Intestate Law arising by any right to take against the will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including counsel fees and expenses, excepting the alimony provision set forth above and only those other rights accorded to the parties under this Agreement. 11. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 12. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 13. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 6 14. This Agreement Is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according ?o the laws of the Commonwealth of Pennsylvania. 16. Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 16. This Agreement shall bind and Inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Kenneth A. Jo .C'S l 1 a ?? Sally Jones HUSBAND AGREES TO CONTINUE TO PROVIDE DENTAL INSURANCE FOR BOTH CHILDREN UNTIL THEIR MAJORITY. K0 _ 511 SJJ mas.dirldomesticljonas.ag? KENNETH A, JONES, Plaintiff V. SALLY A. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-6772 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree; 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mall on December 8, 1998. 3, Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff: November 25, 1998 By Defendant: December 9, 1998 4. Related claims pending: None. 5. Date the Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: By Plaintiff: November 25, 1998 By Defendant: December 9, 1998 Robert J. Mulderf , Es ulre Attorney for Plaintiff Ifl 1%? ' 1' t \ , U ;? ( 1. •__ ?:'? ' f.J? L'? (? ! I11? I 1 I _ 1 ? i ''l i_ V ? 1 i? ., ?. KENNETH A. JONES, : IN'I HE COURT OF COMMON PLEAS Plaintiff, ; CUMBERLAND COUNTY, PENNSYLVANIA V, o NO. 07• / A-= CIVIL TERM SALLY A. JONES, : CIVIL ACTION - LAW Defendant ; IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fall to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce Is Indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available In the Ofllce of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, Pennsylvania 17013 (717) 240.0200 KENNETH A. JONES, ; IN THE COURT OF COMMON PLEAS Plaintiff, ; CUMBERLAND COUNTY', PENNSYLVANIA V. ; NO, 07- 6 CIVIL TERM SALLY A. JONES, ; CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE. 1. Plaintiff Is Kmmeth A. Jones, an adult individual, currently residing with the United States Navy at 2706 Avenue D, Ingleside, Texas, 78362. 2. Defendant Is Sally A. Jones, an adult individual, currently residing at 28 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania, 17013. 31 Plaintiff and Defendant are bomi ide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 20, 1987 In Cumberland County, Pennsylvania. 6. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. The Plaintiff is a member of the United States Navy. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff' does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since July, 1996 and continue to i'.e separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11, PWintilT doairen a divorce based upon the bailer that Defendant will after ninety days from the date of the f1ding of this Complaint, consent to this divorce, WHEREFORE, Plaintiff requests your Honorable Court to enter u decree In divorce. Respectfully Submitted, TURO LAW OFFICES Irate Robert, y ulde/rigg,, Esquir 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for Plaintiff I verify that the statements made in the foregoing Divorce Complaint are true and correct, I widerstand that false statements herein made are subject to the penalties of Pa.GS, Section 4004 relating to unsworn falsll[cation to authorities, Date h A. Jones a+' M f l KENNETH A. JONES, ; IN THE COURT OF COMMON PLEAS Plaintiff, ; CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO, 07.0772 CIVIL TERM BALLY A. JONES, ; CIVIL ACTION - LAW Defendant ; IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served it cortifled copy of the Divorce Complaint filed in the above captioned case upon Sally A. Jones, by certified mail, return receipt requested on December 8, 1007 addressed to: Sally A. Jones 28 East Pomfret Street Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Poet Office receipt card dated December 10, 1007. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C,S. SECTION 4804 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, TURO LAW OFFICES Date g-- G? L Hobert J.J6lulderig, EsgWe 32 South Bedford Street Carlisle, PA 17013 (717) 246.0088 Attorney for Plaintiff P 19$ 566 729 Date 6A6S euee'r A6Yaa p O L N a ¦Oalro le bm t mWor 2 M adddonsi services. I also wish to receive the •OMOplae UM J, 4e, end 4b. following services (for an •? yar neew WI ¦ddrus on ew nwxu of we 1e a MY we tin rem We extra feel ¦Allod, ybrm to the h M of ale nWlplew, ar on 01 boot If p¦a dou nol 1. Cl AddreeMe'• Addrow ¦ dlR R elm ¦aso R80oWon"melplea below leeArticle nwrAw. •1IM rlelumRede)pl GAY elgw toM1xxnIM Made was MVe ed eM Ino dale 2.O RostdctedDelivery •Awrea C l • S on•o t poetrnaeter for fee. • ree to; 4a. AiWe unkor P 1911 566 729 Sally A. Jones 4u. • a Type- 26 East Pomi ret Streit O Registered 0( Certined ! Carlisle, PA 17013 O Express Moll ? Insured Pon Reoso for I ordwlda 0 COD 7. Data 6)) eoely y: P, ;W B. r see • ( ngmt d I and h• Is paid) ^ r a g T K ddrew or 1) I 1 Cz .. 6 .. .,. i. I 1 US 1305101 Solvico Receipt for Certif led Mall No Inatxonco Covomgo f lovldod. nn nnl Aran Inr Inlmmnllnnnl Mn1I lSun reyol5d) Sent IQ Sall A, Jones 6lleds I n Ttm ret 28 East Street _ 'Aral Im, Inle, A 1 ? IN e Carlisle P 1 70 13 Publape $ .32 Condled Fee 1.10 4adnl DNlvery Fee Reetnded De4very Fos Rnlum Rerdfn 6lwvme to Whum d Dale DaHvomd 1 1 0 Rerun IlaryA Slwwrq lU NToln , , TOTAL Pnslneo A Fnna $ 5 ? PUaonmk v DuIU Decelrlbel: B, . 1997 P8 Fam'?7;lll 17edlnlber tgd4 KENNETH A. JONES, ; IN THE COURT OF COMMON PLEAS Plaintiff, ; CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO. 97-6772 CIVIL TERM SALLY A, JONES, ; CIVIL ACTION - LAW Defendant ; IN DIVORCE 1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was filed on December 8, 1997. A certified copy of the Divorce Complaint filed In the above captioned case was served upon Sally A, Jones, by certified mail, return receipt requested on December 8, 1997 who did thereafter receive same on December 10, 1997. 2. The marriage of Plaintiff and Defendant Is Irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint, 3. 1 consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVITARE 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 Kenneth Jones I I ' I . lit I LL. KI,-NNETH A. JONES, Plaintiff, V. SALLY A. JONES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.6772 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF INTENTION TO REQUEST EIJTRY OF A DIVORCE DECREE UNDER SECTION 33010 OF THE DIVORCE CODE 1. i consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 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 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 Kenneth Jones I -tom KENNETH A. JONES, Plaintiff V. SALLY J. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97.6772 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint In divorce under Section 3301(C) of the Divorce Code was filed on December 8, 1997. 2. Defendant acknowledges receipt and accepts service of the Complaint on December 9, 1997. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint, 4. 1 consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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' Z-69 -OF Sal Lill A 4-DI-10i, SALLY J. JONES zY .n ._ L.: .,. . ?'l CV '?. ?? u,i ?: {1[ ;.c { ?- ? ?:? . ? ? . ?. ??, ,,, ??t V? !) 1 KENNETH A, JONES, Plaintiff V. SALLY J. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-6772 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 2L-day of W, l 1998, pursuant to the attached Alimony Agreement of the parities, the Husband/Plaintiff, Kenneth A, Jones, shall pay the sum of Three Hundred Thirty-three ($333.00) Dollars per month as alimony to the Wife/Defendant, Sally J. Jones, effective Immediately upon the entry of a Divorce Decree by the Court. The payments shall be made through the Cumberland County Domestic Relations Office to No. 518 of 1997. The said sum shall be subject to enforcement and termination as set forth In the Alimony Agreement attached hereto. The Husband's obligation to pay spousal support, as previously ordered, be and is hereby terminated effective Immediately upon the entry of the Divorce Decree as aforesaid. Monthly payments of Three Hundred Thirty-three ($333.00) Dollars pursuant to this Agreement and the Marital Settlement Agreement of the parties shall continue to be made each consecutive month after the termination of the alimony obligation until all spousal support and alimony arrtarages have been paid in full. Any excess payment of support by the Husband shall be credited to the alimony account. By the Court, , r J. f,V 1! . IP,,,I i "; ). KENNETH A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SALLY J. JONES, Defendant NO, 97-6772 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ALIMONY AGREEMENT THIS AGREEMENT, made this 97R day of 1996, by and between Sally J. Jones, hereinafter referred to as "Wife", and Kenneth A. Jones, hereinafter referred to as "Husband" is entered into pursuant to the parties comprehensive Marital Settlement Agreement of even date herewith. WITNESSETH: WHEREAS, the parties have entered into a Marital Settlement Agreement of even date herewith; and, WHEREAS, the parties will be filing Affidavits of Consent to Divorce in the above-captioned action without delay; and, WHEREAS, this Agreement and proposed Order and the comprehensive Marital Settlement Agreement are being presented to the Court simultaneously to the presentation of the divorce actions for entry of a Divorce Decree. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do covenant and agree as follows: 1. Husband shall pay alimony, which shall be "indefinite" in duration as described in 23 Pa.C.S.A. section 3701(c), to Wife in the amount of $333.00 per month .r as set forth In the Marital Settlement Agreement of the parties, said alimony to continue to be paid to the Cumberland County Domestic Relations office to No. 518 of 1997, or to any other domestic relations office where Wife from time to time resides. 2. The said obligation to pay alimony shall be enforceable In accordance with any enforcement procedure permitted by law to be used by the Domestic Relations office to collect alimony or child support. 3. Husband's obligation to pay allrnony shall be subject to increase, decrease or termination pursuant to 23 Pa.C.S.A, section 3701(e); the court shall apply the factors set forth In 23 Pa.C.S.A. section 3701(b) In determining whether a modification of the current alimony obligation is warranted. 4. The alimony obligation of the Husband shall become effective immediately upon entry of the Divorce Decree by the Court. 5. The spousal support obligation of the Husband shall terminate Immediately upon entry of the Divorce Decree by the Court. 6. Monthly payments of $333.00 pursuant to this Agreement and the Marital Settlement Agreement of the parties shall continue to be made each consecutive month after the termination of the alimony obligation until all spousal support arrearages and alimony arrearages have been paid in full. 7. Wife shall be responsible for delivering a copy of the Marital Settlement Agreement of the parties to the Cumberland County Domestic Relations office. 8. This Agreement shall be entered as an Order of Court in the proceedings Instituted by the Husband to NO. 97.6772 CIVIL TERM. WITNESS' / M=ae 4 Cc-,v Kenneth A. Jo Sally J. Jones ?lF ,r..._.._-.-?.-.. ter-..r ---.. .r.a.'.-tT'r...,.._r .,r .I., .r In 1 ?r 1 ry f (;. 1 LL. - ' ? 1 1 I l1 li.l rrl7.. L- .I III KENNETH A. JONES, : IN THE COURT OF COMMON PLEAS Plaintiff, ; CUMBERLAND COUNTY, PENNSYLVANIA v ; NO, 97.6772 CIVIL TERM SALLY A. JONES, : CIVIL ACTION - LAW Defendant ; IN DIVORCE nl IAI IFIHD DOh'IESTIC RELATIONS ORDER WHEREAS, Sally A, Jones, hereinafter referred to as Former spouse, and Kenneth A. Jones, hereinafter referred to as Retiree, have entered Into a comprehensive property settlement agreement dated November 25, 1998; and WHEREAS, as part of the settlement agreement Retiree agrees that the Former Spouse receive fifty (50%) percent of his U.S. Navy Pension that was earned from the date of marriage, August 29, 1987 until the date of separation, December 15, 1996; and WHEREAS, counsel for Retiree and counsel for Former Spouse have acknowledged that this Qualified Domestic Relations Order Is being made pursuant to the Domestic Relations Laws of the Commonwealth of Pennsylvania as it relates to the provisions being made by the Former Spouse relating to her marital property rights; and WHEREAS, it is Intended that this Order will qualify as a Qualified Domestic Relations Order, as defined in Section 414(p)(1) of the Internal Revenue Code of 1986 and the provisions hereof shall be administered and interpreted in conformity with the Code. Pursuant to Section 414(p)(2) of the Code, the following facts are hereby specified: 1. The Act to which this Order applies is the Uniform Services Former Spouse Protection Act of September 8, 1982. 2. The name of the Service member is Kenneth A. Jones whose current mailing address is 2706 Avenue D, Ingleside, TX 78362, and whose social security number is 225 -88-4046. 3, The name and address of the alternate payee Is Sally J. Jones whose current mailing address Is 27 Baltimore Street, Carlisle, PA 17013 and whose social security number Is 163-62-5501, 4. Military Retired/Retainer Pay, Former Spouse shall be awarded a monthly percentage share of her Retiree's U,S, Navy Retired/Retainer pay upon Retiree's retirement from the United States Navy. Set award shall be In accordance with and construed by the Uniform Services Former Spouse Protection Act of September 8, 1982 (Public Law 97-252), Former Spouse's monthly percentage share shall be determined by the following formula: 9,25 (Years of marriage to date of separation +/2 X while Retiree on active duty) = % (Former Spouse's (No, of years of Retiree's Monthly Percentage Share) active duty at time of Retirement) Disposable Military Retired/Retainer pay as used herein shall be as defined in applicable Federal statutes with any costs of living increases or similar increases that occur after Retirement. The sharing of Disposable Military Retired/Retainer pay shall commence upon Retiree's receipt of the Retired/Retainer pay and shall continue until the death of either party. Under the terms of the Uniform Services Former Spouse Protection Act, the United States Navy, as the paying authority is required to directly pay Former Spouse her monthly percentage share of Retiree's monthly disposable Military Retired/Retainer pay because of the following. In the course of the parties' marriage, Retiree formed at least ten years of service credible and determining his eligibility for Retired/Retainer pay. The parties were married on August 29, 1987 and were divorced on January 12, 1999. Retiree began service credible and determined his eligibility for Retired/Retainer pay with the United States Navy In February of 1984, and is currently on active duty. Neither Retiree nor Former Spouse will do or cause to be done any act which will cause this provision to become null and void. and each party agrees that this will be the final Order pertaining to the division of the Retiree's disposable Military Retired/Retainer pay. Retiree and Former Spouse agree that the Retiree's Military Retired/Retainer pay Is and shall be accruing as a result of his service In the United States Navy and that the Military Retired/Retainer pay is marital property subject to equitable distribution by the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania. Retiree and Former Spouse further agree that the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, Is competent to divide the partles' marital property Incident to their divorce pursuant to Section 201(c), of the Divorce Code. Retiree and Former Spouse finally agree that the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania has jurisdiction over the Retiree for the purpose of dividing his disposable Military Retired/Retainer pay because Retiree specifically consents to the Court's jurisdiction to divide his disposable Military Retired/Retainer pay. Retiree acknowledges and agrees that he has been afforded his rights under the Soldiers and Sailors Civil Relief Act of 1940 (50 U.S,S. Appendix 501-591). The Court shall retain jurisdiction over Retiree's Military Retired/Retainer pay for as long as the parties both shall live. The Court shall also have the authority to make every just and equitable Order not inconsistent with the other provisions hereof. The Court shall also have the specific authority to make any Orders It deems just and equitable as a result of the Income tax consequences which flow from the division and distribution of the Retired/Retainer pay. The Court shall also have continuing jurisdiction to make every Order reasonably necessary to Implement and accomplish the direct payment to the Former Spouse by the United States Navy of her percentage share of Retiree's disposable Military Retired/Retainer pay, Including the right to advise the United States Navy of the precise amount or percentage of Retiree's disposable Military Retired/Retainer pay to be payable to the Former Spouse. BY THE COUP / J. f'I '=r1 ??"?rf! ?I' ???? II??.'.?f ti'. ???fl! ? :? ,; i . , r? , KENNETH A. JONES, ; IN THE COURT OF COMMON PLEAS Plaintiff, ; CUMBERLAND COUNTY, PENNSYLVANIA V, ; NO, 97-6772 CIVIL TERM SALLY A. JONES, : CIVIL ACTION - LAW Defendant ; IN DIVORCE PETITION FOR A QDRO AND NOW, comes the Plaintiff, Kenneth A, Jones, by and through his counsel, Robert J. Mulderig, Esquire, and Petitions the Court to sign the attached Qualified Domestic Relations Order (QDRO) and states; 1. On March 25, 1996, Plaintiff and the Defendant entered Into a Marital Settlement Agreement, A copy of which is attached hereto and Incorporated herein as "Exhibit A", 2. On January 12, 1999, this Honorable Court, Judge Edgar B. Bayley presiding, signed a final Decree In Divorce Incorporating the Marital Settlement Agreement. A copy of the Divorce Decree Is attached hereto and Incorporated herein as "Exhibit B". 3. Paragraph 5 of the Marital Settlement Agreement states In part Wife's entitlement to share In said pension shall be accomplished through the entry of a Qualified Domestic Relations Order." WHEREFORE, Plaintiff respectfully requests this Honorable Court to sign the attached Qualified Domestic Relations Order to complete this Divorce, Respectfully Submitted De??- TURO LAW OFFICES 4obgert 4JM-uA1derIg, 32 South Bedford Street Carlisle, PA 17013 (717) 246-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition for QDRO upon Michael A. Scherer, Esquire, by depositing same In the United States Mall, first class, postage pre-paid on the 21'' day of January, 1999, from Carlisle, Pennsylvania, addressed as follows; Michael A. Scherer, Esquire O'Brien, Berle & Scherer 17 West South Street Carlisle, PA 17013 TURO LAW OFFICES i Alle Robert J ulderig, Esqui 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff r KENNETH A. JONES, Plaintiff V. SALLY J. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6772 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2J?0_day of /?ft? ., 1998, by end between Sally J, Jones, hereinafter referred to as "Wife", and Kenneth A, Jones, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on August 29, 1987; and, WHEREAS, Husband has instituted divorce proceedings In the Court of Common Pleas of Cumberland County to No. 97-6772 Civil Term by complaint filed on December 8, 1997; and, WHEREAS, the parties are the parents of Kenneth A. Jones, Jr., born September 16, 1990, and Ashley N. Jones, born October 16, 1992; and, WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation without specification: settling of all matters between them relating to the ownership of real and personal property, and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any 1 and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, Wife is represented by Michael A. Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Husband Is represented by Robert J, Mulderig, Esquire, who Is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony ano spousal support; and, WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereto being legally bound hereby, do covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such 2 a Decree, or fall to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable In accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and Inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain In full force and effect In the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. The parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them In common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. Each party will become the sole owner of the vehicle he or she currently drives. 4. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband 3 shall be his sole and separate property, and that In the possession or titled In the name of the WIfo shall be her sole and separate property, 5. Wife has no Interest, vested or contingent. In any pension plan. Husband presently serves his country in the United States Navy, and has been so enlisted with the Navy since 1984, The parties separated from one another in December, 1996, Wife shall share In one-half of the marital portion of Husband's Navy pension or other federal pension Husband may later receive credit on for his service In the Navy during the parties marriage, and Wife's entitlement to share in said pension shall be accomplished through the entry of a Qualified Domestic Relations Order. 6. A support order dated July 15, 1997, is presently in effect through the Cumberland County Domestic Relations Office docketed to No. 518 of 1997, which order requires Husband to pay child support and spousal support to Wife. The parties agree that the child support order shall continue and shall be modifiable in accordance with Pennsylvania law. The parties further agree that the current spousal support order in the amount of $333,00 per month shall be converted to alimony, said alimony to continue to be collected by the Cumberland County Domestic Relations office or any other domestic relations office where Wife from time to time resides. The alimony payment from Husband to Wife as contemplated herein shall cease should Wife die, remarry or cohabitate. 7. Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against M1 14, This Agreement Is subject to modification only by a subsequent legal writing signed by both parties, It shall be construed according to the laws of the Commonwealth of Pennsylvania, 16, Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences, 16, This Agreement shall bind and Inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. WITNE S: D/ / ,. ? Kenneth A. Jon Sally J. -16nes HUSBAND SHALL CONTINUE TO PROVIDE DENTAL INSURANCE FOR BOTH CHILDREN UWAJ MAJORITY. SJJ mas,dlr/domestlcilones.agr W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY r STATE OF PENNA. : No . ..... 97-6..'.72 .. ..............•.. 19 DECREE IN DIVORCE AND NOW, .... , , January •12,• , , , , • , , , , . , 19 99. it Is ordered and decreed that Kenneth A. Jones, , . , , , , , , , . , , plaintiff, . , , defendant, Sal . • • l • and .. .... . .. y ., A • . • . Jones • •.•..• .• .. ,...., . .•,• • . . . . •..•.•... are divorced from the bonds of matrimony. 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; None The Marital Settlement Agreement dated November 25, 1998 and attached hereto is incorporated but not merged herein. By The Courts BL.. ppyley. ............. .... _........... ....... _ .....J. Attest: ?Prothonotary CERTIFIED COPY ISSUED JANUARY 12, 1999 .:ow..4w 4Yi '4W .4W'41t0* 4K- MC. >7Vi +a:• •A:• •0 -Wi •A:• ,;r• ,?> '•r1:• {E• ::e:• '{ti":•:AS :•:O• :{6• ;{ei ;e:• +??. v ?- ri; ??? r,. f,' r;1' ?': <,? ?., ?' .I li. l•l ?.? U1 . ' l l a- ?? w C KENNETH A. JONES, Plaintiff vs. SALLY J. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1997-6772 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE & CUSTODY ORDER. OF COURT AND NOW, this .31__ day of__j 200_'Y--1fte Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following children: Kenneth A. Jones, Jr., born September 15, 1990 and Ashley N. Jones, born October 16, 1992 (hereinafter referred to as "children") 1. The parties shall have shared legal custody of the children 2. Father shall have primary physical custody of the children 3. Mother shall have partial physical custody of the children at such times as the parties agree. Since the parties will be living in different states, it is anticipated that Motherwill exercise her periods of partial custody during the children's breaks from school, and Father shall not unreasonably withhold his consent to Mother exercising custody at these times. 4. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to ensure that the health and well being of the children are protected Neither party may travel outside the continental United States without the written consent of the other parent. 5. Neither parent shall do anything which may estrange the children front ilia other party, or injury the opinion of the children as to the other party or which may hamper the free and natural development of the children's love or affection for ilia other party 6. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction ovar file issue of custody and the parties' minor children and shall retain hnisdiction shordd circumstances change and either party desire or require: modification of said Order 7. The parties acknowledge that they have read and understand the provisions of this Agreement. 8. The parties anticipate that this Order will remain in effect for a pariod of approximately one and one-half to three years, at which time the children may return to live primarily with Mother. This statement is not intended to preclude either party from petitioning to modify this Order at any time. BY THE COL ? Rvs J 12?30'?a ,, ?, c?, 9 ' ' (? r r `l'ilts: rr' I ?l?J ? ? ., ? KENNETH A. JONES, Plaintiff vs. SALLY J. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 1997-6772 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE & CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year huruniafter set forth, by and between Sally J. Jones (hereinafter referred to as "Mother') and Kunnuth A. Jones (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Kenneth A. Jones, Jr , born September 15, 1990 and Ashley N Jones, born October 16, 1992 (hereinafter referred to as "children"); and, WHEREAS, the parties are presently divorced and living in separate residonces, and, WHEREAS, Mother has been the primary custodian of the children since the divorce; and. WHEREAS, the parties would like to give Father an opportunity to be the primary custodian at this time; and, WHEREAS, the parties wish to enter into an agreement relative: to the Custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: I. The parties shall have joint legal custody of the children 2. Father shall have primary physical custody of the children. 3. Mother shall have partial physical custody of the children at such tiinos as the parties agree. Since the parties will be living in different states, it is anticipated that Motherwill exercise her periods of partial custody during the children's breaks from school, and Father shall not unreasonably withhold his consent to Mother exercising custody at these times A The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children are protected. Neither party may travel outside the continental United States without the written consent of the other parent. 5. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the free and natural development of the children's love or affection for the other party 6. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does in fact, have jurisdiction over the issue of custody and the parties' minor children and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order 7. The parties acknowledge that they have read and understand the provisions of this Agreement. 8. The parties anticipate that this Order will remain In effect for a period of approximately one and one-half to three years, at which time the children may return to live primarily with Mother. This statement is not intended to preclude either party from petitioning to modify this Order at any time. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below WITNESS: DATE, Sally Jones enneth A. Jo DATE L_._ Ay maslDomesfi Wonos?lonos. stn ,q >, U i'..i t 1?, CJ .J..? 1.?).:, I ' ' D S . ?a ? [J, ltt j, .? iii} ? j .. c.r C.:I , CI, ?? ?, KENNETH A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 1997.6772 CIVIL TERM SALLY J. JONES, CIVIL ACTION-LAW Defendant IN DIVORCE & CUSTODY 9$DER OR COU RT AND NOW THIS day of 200upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel appear before .. Esquire, the conciliator, at day of _ , 200_ at on the A.M./P.M., for a Pre-Flearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute or if this cannot be accomplislped, to define and narrow the issues to be i heard by the Court, and to enter into a to porary order. Absent a special request and prior arrangements with the conciliator, cFijldren are discouraged from attending the conciliation conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Court hereby directs the parties to furnish any and all existing Protection from Abuse Orders, Special Relief Orders, and Custody Orders to the conciliator at least 48 hours prior to the scheduled conference. FOR THE COURT, BY Custody Conciliator KENNETH A. JONES, Plaintiff vs. SALLY J. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1997-6772 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE & CUSTODY COMPLA NT FOR CUSTODY 1. The Defendant, Sally J. Jones, is the Petitioner (hereinafter "Mother"), who Is an adult individual residing at 1934 Reservoir Drive, Cumberland County, Carlisle, Pennsylvania, 17013. 2. The Plaintiff is the Respondent, Kenneth A. Jones (hereinafter "Father"), who is an adult individual residing at 2409 Highland Drive, Gautier, Mississippi, 39553. 3. Mother currently has primary physical custody of the children and the parties have reached an agreement whereby Father will accept primary physical I custody of the following children: Name Present residence Birth Date Age Kenneth A. Jones, Jr. 1934 Reservoir Drive 9/15/90 12 Carlisle, PA 17013 Ashley N. Jones 1934 Reservoir Drive 10/16/92 10 Carlisle, PA 17013 The children were not born out of wedlock. The children are presently in the custody of Mother, who resides at 1934 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Pars m-§ Rgs.Idences Dotes Sally J. Jones Sally J. Jones 1934 Reservoir Dr. Carlisle, PA 26 E. Pomfret St. Carlisle, PA 17013 October, 2002 to present 1997 to 2002 The natural mother of the children is Sally J. Jones, currently residing at 1934 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. She is divorced from the Plaintiff. The natural father of the children is Kenneth A. Jones, currently residing at 2409 Highland Drive, Gautier, Mississippi. He is divorced from the Defendant. 4. Mother has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. 5. Mother has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 6. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action, All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to Intervene. WHEREFORE, Mother requests your Honorable Court to grant Father primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC 8 SCHERER DATE: 1 Z• z`7 L --- -- /i_2?_ - 1? . _ _ . Mi" cA. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/custody/jones.com VEjFt FIC QLI I, Sally J. Jones, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pe. C,S. § 4904, relating to unsworn falsification to authorities. Sally J. nes Date; CP 5 6A 1:? ^ rM y 11 l ? ? ^ >:;) •, O l i dill ca U \n r m F:\FILES\General\Current\12584\12584. LpetaB/tde Created: 01111/99 03:23:16 PM Revised: 06/21/07 01:45:08 PM 9759.1 Hubert X. Gilroy, Esquire I.D. 29943 Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KENNETH A. JONES, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SALLY J. JONES, Defendant/Respondent NO. 97-6772 CIVIL ACTION - LAW : IN DIVORCE PETITION TO MODIFY/TERMINATE ALIMONY AND NOW, comes Plaintiff, Kenneth A. Jones, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and avers as follows: 1. Petitioner is 40 years of age, having been born July 19, 1966, and resides at 114A Eckard Street, Sugar Grove, WV 26815, with the parties' two children, Kenneth A. Jones, Jr., born September 15, 1990, and Ashley N. Jones, born October 16, 1992. 2. Respondent, Sally J. Jones, is presently 41 years of age, having been born May 13, 1966, and resides alone at 102 West High Street, Carlisle, Pennsylvania 17013. 3. The parties are the parents of Kenneth, Jr. and Ashley Jones, who reside with Petitioner (since December of 2002). 4. The parties were married August 29, 1987, and divorced January 12, 1999, to the above captioned number. 5. On December 22, 1998, Your Honorable Court entered an Order of Court pursuant to the parties' Alimony Agreement of December 9, 1998. A copy of said Order and Alimony Agreement is attached hereto and marked Exhibit "A." 6. The parties' also entered into a Marital Settlement Agreement dated November 25, 1998, a copy of which is attached as Exhibit "B." 7. This Petition is being brought pursuant to paragraph 3 of the Alimony Agreement, which states: "Husband's obligation to pay alimony shall be subject to increase, decrease or termination pursuant to 23 Pa.C.S.A. section 3701(e); the court shall apply the factors set forth in 23 Pa.C.S.A. section 3701(b) in determining whether a modification of the current alimony obligation is warranted." 8. At the time the Agreements were executed, the Order was entered, and the divorce was granted, Petitioner was employed by the federal government earning approximately $1,800.00 per month net income, and Respondent had primary physical custody of the children. 9. Petitioner believes and therefore avers that Respondent is in good health and employed, or capable of employment. 10. Petitioner, as the primary custodial parent, supports the children without financial assistance from Respondent. 11. Respondent will receive 50% of the marital portion of Husband's military pension upon his retirement from the military. 12. Michael Scherer, Esquire, counsel of record for Sally Jones, has been contacted prior to the filing of this Petition and does not concur. 13. The Decree in Divorce and other Orders of Court in this matter have been signed by the Honorable Edgar B. Bayley. WHEREFORE, Petitioner, Kenneth A. Jones, prays Your Honorable Court to terminate the alimony, or, in the alternative, to modify the alimony downward. Date: June 6, 2007 By. MARTSON LAW OFFICES Hhbe ?. Gilroy, Esquire Je fer L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IMP. Pl"rl W r. KENNETH A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 97-6772 CIVIL TERM SALLY J. JONES, CIVIL ACTION - LAW Defendant : IN DIVORCE 6LIMQNY AGREEMENT THIS AGREEMENT, made this day of 1998, by and between Sally J. Jones, hereinafter referred to as "Wife", and Kenneth A. Jones, hereinafter referred to as "Husband" Is entered into pursuant to the parties comprehensive Marital Settlement Agreement of even date herewith. WITNESSETH: WHEREAS, the parties have entered into a Marital Settlement Agreement of even date herewith; and, WHEREAS, the parties will be filing Affidavits of Consent to Divorce in the above-captioned action without delay; and, WHEREAS, this Agreement and proposed Order and the comprehensive Marital Settlement Agreement are being presented to the Court simultaneously to the presentation of the divorce actions for entry of a Divorce Decree. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do covenant and agree as follows: 1. Husband shall pay alimony, which shall be "indefinite" in duration as described in 23 Pa.C.S.A. section 3701(c), to Wife in the amount of $333.00 per month as set forth in the Marital Settlement Agreement of the parties, sold alimony to continue to be paid to the Cumberland County Domestic Relations office to No. 518 of 1997, or to any other domestic relations office where Wife from time to time resides. 2. The sold obligation to pay alimony shall be enforceable In accordance with any enforcement procedure permitted by law to be used by the Domestic Relations office to collect alimony or child support. 3, Husband's obligation to pay alimony shall be subject to increase, decrease or termination pursuant to 23 Pa.C,S.A. section 3701(e); the court shall apply the factors set forth In 23 Pa.C.S.A. section 3701(b) In determining whether a modification of the current alimony obligation Is warranted. 4. The alimony obligation of the Husband shall become effective immediately upon entry of the Divorce Decree by the Court. 5. The spousal support obligation of the Husband shall terminate immediately upon entry of the Divorce Decree by the Court. 8. Monthly payments of $333,00 pursuant to this Agreement and the Marital Settlement Agreement of the parties shall continue to be made each consecutive month after the termination of the alimony obligation until all spousal support arrearages and alimony arrearages have been paid in full. 7. Wife shall be responsible for delivering a copy of the Marital Settlement Agreement of the parties to the Cumberland County Domestic Relations office. /' 8, This Agreement shell be entered as an Order of Court in the proceedings r Instituted by the Husband to NO. 97-6772 CIVIL TERM. WITNES8' ?f1 V4 l(u 95A?d94 Kenneth A. Jo Sally J. i J nee ?ti` ?o r ?t ` M k 1t, ? • i . t' 1 t i ?"' G all tt11 U t 1 KENNETH A. JONES, Plaintiff V. SALLY J. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6772 CIVIL TERM CIVIL ACTION • LAW IN DIVORCE MARI'AL_SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of l gtjlj1998, by and between Sally J. Jones, hereinafter referred to as "Wife", and Kenneth A. Jones, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on August 29, 1987; and, WHEREAS, Husband has instituted divorce proceedings In the Court of Common Pleas of Cumberland County to No. 97-6772 Civil Term by complaint filed on December 8,1997; and, WHEREAS, the parties are the parents of Kenneth A. Jones, Jr., born September 15. 1990, and Ashley N. Jones, born October 16, 1992; and, WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation without specification: settling of all matters between them relating to the ownership of real and personal property, and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente liter and In general the settling of any I EXHIBIT "B" and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, Wife is represented by Michael A. Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Husband Is represented by Robert J. Mulderig, Esquire, who is his separate legal counsel and he has been advised ofhis respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony ano spousal support; and, WHEREAS, each party Is fully familiar with the marital property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, Including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereto being legally bound hereby, do covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Husband's attorney shall file the Preecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such 2 a Decree, or fall to do anything required to obtain the Divorce Decree In breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with Its terms. No Court may change the terms of this Agreement, and it shall be binding and Inclusive upon the parties. An action may be brought at law, In equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect In the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. The parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any Items of personal property titled in both names as set forth above. Each party will become the sole owner of the vehicle he or she currently drives. 4. The parties have divided between them to their mutual satisfaction all Intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, and all other such types of property. The parties hereby agree that all such Intangible property presently In the possession of or titled in the name of Husband 3 shall be his sole and separate property, and that In the possession or titled In the name of the Wife shall be her sole and separate property, 5. Wife has no interest, vested or contingent, In any pension plan. Husband presently serves his country in the United States Navy, and has been so enlisted with the Navy since 19134. The parties separated from one another in December, 1996. Wife shall share In one-half of the marital portion of Husband's Navy pension or other federal pension Husband may later receive credit on for his service In the Navy during the parties marriage, and Wife's entitlement to share In sold pension shall be accomplished through the entry of a Qualified Domestic Relations Order. 6. A support order dated July 15, 1997, Is presently In effect through the Cumberland County Domestic Relations Office docketed to No. 518 of 1997, which order requires Husband to pay child support and spousal support to Wife. The parties agree that the child support order shall continue and shall be modifiable in accordance with Pennsylvania law. The parties further agree that the current spousal support order in the amount of $333.00 per month shall be converted to alimony, said alimony to continue to be collected by the Cumberland County Domestic Relations office or any other domestic relations office where Wife from time to time resides. The alimony payment from Husband to Wife as contemplated herein shall cease should Wife die, remarry or eohabitate. 7. Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against 4 14, This Agreement Is subject to modification only by a subsequent legal writing signed by both parties, It shall be construed according to the laws of the Commonwealth of Pennsylvania. 16, Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of Its consequences, 16, This Agreement shall bind and Inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. WITNE S: Kenneth A. Jon Sally J. nes HUSBAND SHALL CONTINUE TO PROVIDE DENTAL INSURANCE FOR BOTH CHILDREN UNTIL THE MAJORITY. AJ SJJ mes.dirldomestlc4ones.egr CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition to Modify/Terminate Alimony was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 MARTSON LAW OFFICES i By cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 6, 2007 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. enneth A. Jones Cam' ?:' ?p tz C -G . o -G it c 10565707062007 Cumberland County Prothonotary's Office Page 1 PYS405 Manua Release Check Register 7/06/2007 Escrow Tran Date Distribution Case No ccounting Amount Date Release ------------------------------- ------------------------------------------------ 3892 MDW&O Check Date: 07/06/2007 Check No.: 1710 I OVERPYMNT/RFND 1997- 06772 REFUND - ADJ. 70.00 7/06/2007 Payee total: 70.00 ----------------------------- ------------------------------------------------ Grand total: 70.00 ra t ' ' ` n, R? 11 1-. ; 1 CUMBERLAND OFFICE OF THE PROT ESCROW ACCC CUMBERLAND COUNTY CARLISLE, PA 1 PAY TOTHE ORRDER DEROF M&+S n L0.\ tUMMERLONO CO. PROTHONOTARY A ORRsrmN BANK "refund 11- 6o77a " Jones vs Jones 11600 17 10u' 1:0 3 1710 ,so DATALL?J ??R F 007 60-1503/313 11 'lb mcn .? DOLLARS 50361: 108 11117; Cos w ECEIPT FOR REFUND Cumberland County Protho qta Carlisle, Pa 17013, JONES KENNETH A UNITED STATES N. 2706 AVENUE D INGLESIDE, TX ry's Office Case Number 1997-06772 Remarks SHOU OT HAVE CHARGED FOR THIS ---------------------- Dis Transaction Description DIVORCE TAX ON CMPLT SETTLEMENT MASTER'S FEE DIV PA SURCHG JCP FEE ADD CUSTODY COU JCP FEE CUSTODY FEE CUSTODY FEE-CO MODIFICATION CU OVERPYMNT/RFND ri )ution Of Adjustment Receipt Date 7/06/2007 Receipt No. 195010 ieg. Bal. Disbursed This Adj 35.00 35.00 .50 .50 5.00 5.00 125.00 125.00 10.00 10.00 5.00 5.00 55.00 55.00 10.00 10.00 4.00 4.00 1.00 1.00 70.00 70.00 70.00- 70.00 320.50 320.50 Pn Fn nr c) 00 M a :4 n -c C?l 0 9 KENNETH A. JONES, Plaintiff/Petitioner v. SALLY J. JONES, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6772 CIVIL ACTION - LAW IN DIVORCE ORDER 3ut AND NOW, this y9 5 day of Jae, 2007, upon consideration of the Plaintiff's Petition to Modify/Terminate Alimony, a hearing is hereby scheduled for the day of 2007, at Cun. in Courtroom Number Z of the Cumberland Count ourthouse. cc: Attorney for Plaintiff: Attorney for Defendant: ??chac r L. Spears, Esquire l L. S cherer, Esquire cr. 70 n? !--' = C\j ?"? cv C_.a F: TILES\ 12594\12584. LOrderl/tde Created: 01/11199 03:23:16 PM Revised: 08/21/07 10:22:04 AM 9759.1 Hubert X. Gilroy, Esquire I.D. 29943 Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KENNETH A. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 97-6772 CIVIL ACTION - LAW SALLY J. JONES, Defendant/Respondent IN DIVORCE COURT ORDER AND NOW, this?dday of August, 2007, it being related to the Court that the Petitioner in the above has not been able to serve notice on the Respondent with respect to the August 27, 2007 hearing, the hearing scheduled on August 27, 2007 at 11:00 a.m. is rescheduled to the 104` day of , 2007 in Court Room No. 2 at 1-458-.m. Counsel for the Petitioner is directed to serve a copy of this Order and the Petition filed in this matter upon the Respondent Sally J. Jones in advance of the rescheduled hearing date. BY cc: limichael A. Scherer, Esqui: wWubert X. Gilroy, Esquire Judge Edgar B. Bayley w? _ r ? ` r '> y F y t... 5 - L ..,,' ?? ?k .r. < ? ? T L L, N t,.? P KENNETH A. JONES, Plaintiff/Respondent V. SALLY J. JONES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1997-6772 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PETITION TO INCREASE ALIMONY AND NOW, comes Defendant, Sally J. Jones, by and through her attorneys, O'Brien, Baric & Scherer and represents as follows: 1. Petitioner, Sally J. Jones (hereinafter referred to as "wife"), is an adult individual who resides at 112 West High Street, Apt. A, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, Kenneth A. Jones (hereinafter referred to as "husband"), is an adult individual who resides at 114A Eckard Street, Sugar Grove, West Virginia 26815. 3. The parties are the parents of two children: Kenneth A. Jones, Jr. and Ashley N. Jones who have resided with the Respondent since December, 2002. 4. The parties were married on August 29, 1987 and divorced on January 12, 1999. 5. On or about November 25, 1998 the parties signed a Marital Settlement Agreement in connection with their divorce case. 6. On December 22, 1998, the Honorable Edgar B. Bayley entered an Order in connection with the Alimony Agreement signed by the parties on December 9, 1998, providing that wife receive $333.00 a month in alimony. 7. Wife's financial circumstances have remained unchanged since the divorce. 8. Wife currently resides in low income housing and does not have an automobile. 9. Wife is employed at a local fast food restaurant as a manager at approximately $9.00 per hour. 10. Wife has no health insurance. 11. Husband is in the United States Navy and currently resides in military housing at no cost. 12. Husband received a substantial promotion recently and is believed to make substantially more income now than he had when the divorce decree was entered. 13. Husband's circumstances have changed substantially since the divorce and the changes are continuing in nature. 14. The Honorable Edgar B. Bayley is the judge assigned to this matter. 15. Husband does not agree to the relief requested by wife. WHEREFORE, Petitioner, Sally J. Jones, respectfully requests that this Honorable Court award her an increase in the amount of alimony she currently receives from the Respondent. Respectfully submitted, O'BRIEN, BARIC & SCHERER M cha I A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticljones-sally/increasealimony.pet VERIFICATION The statements in the foregoing Petition To Increase Alimony are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: ally J. Jones CERTIFICATE OF SERVICE I hereby certify that on October ?, 2007, I, Andrea M. Barrick secretary at O'Brien, Baric & Scherer, did serve a copy of the Petition To Increase Alimony, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Hubert X. Gilroy, Esquire Martson Law Office 10 East High Street Carlisle, Pennsylvania 17013 Andrea M. Barrick r? l") ?"? ?; =?? ?? .--i ` r ?= 'T' ?..._? ;1 i --. ._ ? , - G?? = ?,? c.?'S "?? -„ er. KENNETH A. JONES, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SALLY J. JONES, DEFENDANT 97-6772 CIVIL TERM ORDER OF COURT AND NOW, this I D day of October, 2007, a hearing on the petition of plaintiff to modify/terminate alimony and on the petition of defendant to increase alimony shall commence at 1:30 p.m., Wednesday, November 28, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Co Edgar B.'Bgyley, ,w bert X. Gilroy, Esquire For Kenneth A. Jones ,,Fdichael Scherer, Esquire For Sally J. Jones :sal r r°? ? ?? .... ? ? ? ???? ? w r- ° t3 4 KENNETH A. JONES, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SALLY J. JONES, DEFENDANT 97-6772 CIVIL TERM ORDER OF COURT AND NOW, this Yz day of November, 2007, following a hearing on the merits of husband's petition to terminate alimony, and, pursuant to the parties' alimony agreement dated December 9, 1998 that provides for consideration of the factors in both Section 3701(b) and (e) of the Divorce Code, IT IS ORDERED THAT the current alimony in the amount of $333 per month payable by Kenneth A. Jones to Sally J. Jones through the Domestic Relations Office of Cumberland County IS SUSPENDED EFFECTIVE FOR THE MONTH OF JANUARY, 2008 THROUGH THE MONTH OF JUNE, 2011. The alimony shall recommence for the month of July, 2011 without prejudice to either party to seek a modification upward or downward or a termination of the alimony at any time thereafter. By the C(?yrt- Edgar B. B yley, J. x bert X. Gilroy, Esquire For Kenneth A. Jones X chael Scherer, Esquire For Sally J. Jones a DRO sal > cn cn ? X. ..ate t\l cr: C"4: C s ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/02/08 Case Number (See Addendum for case summary) O Original Order/Notice 121000020 O Amended Order/Notice 97-6772 CIVIL O Terminate Order/Notice Employer/Withholder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS-HGA/CL GARNISHMENT OPS RE: JONES , KENNETH A. Employee/Obligor's Name (Last, First, MI) 225-88-4046 Employee/Obligor's Social Security Number 9040000020 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 998002 associated with cases on attachment) CLEVELAND OH 44199-8002 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0. oo per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Oyes (S) no $ 0.00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ 0. oo per month in other (specify) for a total of $ 0.00 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: $ o. oo per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ 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 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. BY COURT: Date of Order: JAN 0 3 2008 EDWARD t\ m, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If&heckef! you are required, to provide a?opy of this form toyourvloyee. If yoyremployee arks in a state that is di B ie box is not checked. rent Trom the state that issu this or er, a copy must be prove ed your employee even if t 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. ?. n.c 3.* Reporting the Paydat&Date at Withholding. You mustreport Me PaVuateffl paydate/date of withholding i the date on whik, I allluulft I 11-le d fio, r, tire 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 Hollings: If there is more than one Order/Notice to Withhold Income for Support against this employee obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: JONES KENNETH A. EMPLOYEE'S CASE IDENTIFIER: 9040000020 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 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 0 5 U.S.C. §1673 (b)1; 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 Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: JONES, KENNETH A. PACSES Case Number 121000020 PACSES Case Number Plaintiff Name Plaintiff Name SALLY J. JONES Docket Attachment Amount Docket Attachment Amount 97-6772 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB 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. ? 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. ? 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. If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'slobligor's employment. ? 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'stobligor's employment. through the employee'stobligor's employment. Addendum Form EN-028 Rev. Service Type M Worker ID $IATT OMB No.: 0970-0154 Mr- 77 m - `-ice? t KENNETH A. JONES, Plaintiff/Petitioner V. . SALLY J. JONES, Defendant/ Respondent E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6772 CIVIL ACTION - LAW IN DIVORCE TRANSCRIPT OF PROCEEDINGS Proceedings held before the Honorable Edgar B. Bayley, J., Cumberland County Courthouse, Carlisle, Pennsylvania, On November 28, 2007, In Courtroom Number 2. APPEARANCES: Hubert H. Gilroy, Esquire For the Plaintiff/Petitioner Michael L. Scherer, Esquire For the Defendant/Respondent 1 IR 0 INDEX TO WITNESSES FOR PLF/PET Kenneth A. Jones FOR DEF/RES Sally J. Jones DIRECT CROSS REDIRECT RECROSS 4 24 27 -- DIRECT CROSS REDIRECT RECROSS 29 40 48 -- INDEX TO EXHIBITS FOR PLF/PET MARKED ADMITTED 1 - Stipulated info 3 29 2 - Marital settlement Agreement 3 29 3 - 12/22/98 Order 3 29 4 - 12/20/02 Order 3 29 5 - W-2 3 29 6 - Accounting 3 29 7 - Income and Expense Statement 3 29 FOR DEF/RES 1 - Earnings statement 3 50 2 - Tax return 3 50 3 - PACES production 3 50 4 - Earnings statement 3 50 2 0 0 1 November 28, 2007 2 Carlisle, Pennsylvania 3 (The following proceedings were held at 1:38 p.m.) 4 (Plf/Pet Exhibit Nos. 1 through 7 marked for 5 identification.) 6 (Def/Res Exhibit Nos. 1 through 4 marked for 7 identification.) 8 THE COURT: Your client wishes to terminate 9 alimony? 10 MR. GILROY: We filed a petition to terminate 11 alimony, and Ms. Jones filed a petition to increase the 12 alimony. 13 THE COURT: Co-petitions. All right, we will 14 proceed. 15 MR. GILROY: We call Mr. Jones as our first 16 witness, Your Honor. 17 (Witness sworn.) 18 MR. GILROY: We have Plaintiff's Exhibit No. 1, 19 which Mr. Scherer and I have agreed to as far as admission by 20 stipulation. It has a fair amount of detailed information for 21 chronology. 22 THE COURT: Stipulated information, so stipulated? 23 MR. SCHERER: Yes, Your Honor. 24 THE COURT: Exhibit 1 is admitted. 25 3 0 0 I KENNETH AUSTIN JONES, 2 having been duly sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MR. GILRO Y: 5 Q Mr. Jones, please state your full name and address, 6 please? 7 A Kenneth Austin Jones, Sr., 114A, Eckard Street, 8 Sugar Grove, West Virginia, 26815. 9 Q You are currently 41-years-old? 10 A That is correct. 11 Q Born July 19, 1966? 12 A Yes, sir. 13 Q Where you are living, who do you live with, sir? 14 A I live with my current wife and four children. 15 Q What is your wife's name? 16 A My wife's name is Tina Marie Jones. 17 Q How old is she? 18 A She is 44 now. 19 Q Two of the children you live with are children from 20 your first marriage to Sally Jones, the Defendant in this 21 action, correct? 22 A Yes, sir, correct. 23 Q Two of the children you are living with are 24 children to your current wife? 25 A That is correct. 4 0 0 1 Q Exhibit No. 1 indicates the names and birth dates 2 of the two children from your first marriage, is that correct, 3 as far as Kenneth and Ashley, right? 4 A That is correct. 5 Q What are the names and birth dates of your children 6 that are also living with you from your second marriage? 7 A Justin Jones and Faith Jones. Sorry, I am bad with 8 dates. 9 Q What grade is Justin in? 10 A Justin is now in third grade and Faith is currently 11 in kindergarten. 12 Q What grade is Kenneth, Jr., in? 13 A Kenneth, Jr., is in twelfth grade. 14 Q What grade is Ashley in? 15 A Ashley is in ninth grade. 16 Q You were married previously to Sally Jones, the 17 Respondent in this case, correct? 18 A That is correct. 19 Q Was that your first marriage? 20 A It was my first marriage. 21 Q When you were married in 1987 you were about 22 21-years-o ld? 23 A Yes, sir. 24 Q Your wife was about the same age? 25 A Yes, sir. 5 0 0 1 Q Were you employed at the time you were married? 2 A Yes, sir, United States Navy. 3 Q When did you first go in the Navy? 4 A February 1985. 5 Q As an enlisted? 6 A Yes, sir. 7 Q Then in '87 when you were married, you were still 8 in the Navy? 9 A Yes, sir, I was. 10 Q What was your position? 11 A At the time I was married, E-3, enlisted in the 12 Navy. 13 Q You continued in the Navy during the course of your 14 marriage to Ms. Jones? 15 A I did. 16 Q You had the two children as noted? 17 A Yes, sir. 18 Q Your folks separated in December of 1996, is that 19 correct? 20 A That is correct. 21 Q You were subsequently divorced in January of 1999? 22 A That is correct. 23 Q I will show you what has been premarked as 24 Plaintiff E xhibit No. 2, is that a copy of the marital 25 settlement agreement you and your wife entered into right 6 0 0 1 before your divorce in November of 1998? 2 A Yes, sir, it is. 3 Q I will show you what has been marked as Plaintiff 4 Exhibit No. 3, is that a copy of the 12/22/98 order of Court 5 and the alimony agreement that set the alimony award in your 6 case? 7 A Yes, sir, it is. 8 Q Essentially, you agreed at that time to pay alimony 9 at $333 per month. 10 A Yes, sir, that is correct. 11 Q Was that the amount of spousal support you had been 12 paying to y our wife, your then wife, while you were separated? 13 A Yes, sir, I believe that was. 14 Q When you separated from your wife, she had custody 15 of the two minor children, is that right? 16 A Yes, sir, that is correct. 17 Q At the time of separation were you livi ng out of 18 the Carlisle area? 19 A Yes, sir, I was. 20 Q Your wife was living in Carlisle? 21 A That is correct. 22 Q You were still in the military? 23 A Yes, sir, I was. 24 Q Where were you stationed? 25 A At that time I was in Savanna, Georgia. Shortly I thereafter I transferred to Ingleside, Texas. 2 Q Prior to that time you would have been stationed in 3 Maine, Rhod e Island; and Mechanicsburg, Pennsylvania; and 4 Virginia, i s that right? 5 A That is correct. 6 Q Your wife, Sally, went with you on a number of 7 those? 8 A Yes, she did. 9 Q What kind of work were you doing in the military? 10 A I came in the Navy as a hospital corpsman. 11 Typically, when at shore duty I would work at clinics or 12 hospitals, then I get assigned to ships as a junior corpsman 13 and worked for a senior person in the medical department. 14 Q When you are assigned to a ship, naturally you are 15 away from h ome? 16 A Yes, sir. 17 Q During the time you were married and living 18 together did some of these assignments include active duty? 19 A Yes, sir. 20 Q Did you go to the Persian Gulf active? 21 A Yes, sir, I did. 22 Q When was that? 23 A I went to the Persian Gulf shortly after we were 24 married, 3 months; came back, went to Portland, Maine, at that 25 time where the ship was getting re-fitted because of hitting a 8 • • 1 mine in the Persian Gulf. 2 Approximately one year after that was re-deployed 3 to the Persian Gulf for a 7, 8-month stay and returned back to 4 the states. Of course, again, I have been deployed. 5 Q Since then, but during your marriage you were in 6 the Gulf active duty? 7 A Yes, sir. 8 Q After separation you were in Georgia at the time of 9 the divorce and you then moved to Texas, correct? 10 A I was in Georgia at the time of the separation when 11 I had asked her for a divorce, had moved to Texas, Ingleside, 12 when all the proceedings and divorce were finalized. 13 Q After your separation when your first wife had 14 custody of the two children, you were paying child support at 15 that point? 16 A That is correct. 17 Q Was that $557 per month in child support for the 18 two children? 19 A Yes, sir, it was. 20 Q Plus that you were paying the 333 in spousal 21 support or alimony? 22 A Yes, sir, for a total of $890 a month. 23 Q Then after your divorce from Sally was entered, you 24 then remarried, is that right? 25 A Yes, sir. 9 0 • 1 Q The date of that marriage was what? 2 THE COURT: What year? 3 THE WITNESS: I want to say 1999, sir. Sorry, 4 judge, I am at a loss for dates here. 5 BY MR. GILROY: 6 Q Did you bring that paperwork to look at this 7 morning? 8 A No, I sure did not. 9 Q May 22, 1999, would that be correct? 10 A Yes, sir. 11 Q That is when you married your second wife? 12 A Yes, sir. 13 Q You were living with her in Texas for a period of 14 time? 15 A Yes, sir. 16 Q Moving on to December 2002, at that time was there 17 a change of custody of the two minor children you had with 18 Sally? 19 A Yes, sir, there was. I approached Sally at that 20 time and asked her, because, obviously, she wasn't doing so 21 well financially even with me paying child support and alimony, 22 I had asked her to give me custody of the children at which 23 time I would continue to pay her alimony and would not seek any 24 child support from her in order to give her an opportunity to 25 get back on her feet and, obviously, make conditions better for 10 0 0 1 herself. 2 Q Hold on a second. When you were divorced, was your 3 wife, Sally, working? 4 A Sir, I want to say she was working at Burger King; 5 but to be honest with you, I can't be sure of that. 6 Q When you were divorced where was she living to your 7 knowledge? 8 A With her mother in Carlisle. 9 Q With the two children from your marriage? 10 A That is correct. 11 Q Showing you what has been marked as Plaintiff 12 Exhibit No. 4, is that a custody order entered December 30, 13 2002? 14 A Yes, sir, it is. 15 Q Is that pursuant to an agreement that you and your 16 ex-wife at that point, Sally, signed? 17 A Yes, sir, it is. 18 Q Did that transfer two children from your first 19 marriage into your custody? 20 A Yes, sir, it did. 21 Q Paragraph eight on the second page refers to 22 something of you have this agreement remaining in effect for 23 just one and a half to three years, is that right? 24 A That is correct. 25 Q What was your discussion and understanding with 11 1 your ex-wife at that point with respect to you getting custody 2 of the two children? 3 A The original agreement was that I would continue to 4 pay her a limony but I would probably have custody of the 5 children for one and a half to three years. 6 Q That is what you contemplated at the time? 7 A Yes, sir. 8 Q Once you got custody did your support obligation to 9 Sally Jones with respect to the two children end? 10 A Yes, it did. 11 Q Did you continue to pay her alimony? 12 A Yes, sir, I did. 13 Q The agreement suggested one and a half to three 14 years you having custody, have you had custody of the two 15 children that entire time since then? 16 A Yes, sir, I have. 17 Q Has Sally ever made any efforts to modify or get 18 custody of the children back? 19 A No, sir, she hasn't. 20 Q Is she visiting the children? 21 A Yes, sir, she is. 22 Q Please tell the Court how much she is visiting the 23 children and under what circumstances? 24 A Typically every summer the children are bought up 25 to Carlisle for her to be with. Typically, every Christmas, 12 0 0 1 and again, this depends where I am stationed at, at the time. 2 Obviously, if I am in San Diego, California, it is a little bit 3 more difficult to get the children back to visit her. 4 But every effort has been made to get the children 5 whenever she wanted. Obviously, they are teenagers now, one 6 has a job, o ne is active in basketball. If for any reason the 7 children fee l that they can't visit her due to their 8 obligations, it is their responsibility to explain to her why, 9 not mine. 10 Q But you try to get the kids up to see their mom? 11 A Yes, sir, I do. 12 Q Do you pay the costs of transportation? 13 A Yes, I do. 14 Q You mentioned San Diego. At one point were you 15 stationed in San Diego and helped pay airfare to get the kids 16 back? 17 A Yes, sir. 18 Q You have been in West Virginia how long now? 19 A Going on two years now, sir. 20 Q Do you anticipate that being your final post of 21 duty? 22 A Yes, sir, I do. 23 THE COURT: Still in the Navy? 24 THE WITNESS: Yes, sir, I am. 25 BY MR. GILROY: 13 0 0 1 Q Are you anticipating that the two children from 2 your marriage with Sally are going to continue with you? 3 A Yes, sir. 4 Q The older child, Kenneth, he is a senior? 5 A Yes, sir. 6 Q What are his plans? 7 A His plans are to go to college, he has gotten three 8 acceptance letters so far. 9 Q Are you working with him as far as finances for 10 college? 11 A Yes, sir. Right now his intentions are to go to 12 college somewhere in West Virginia. 13 Q Do you have intentions on helping to pay for those 14 costs? 15 A Yes, sir, I do. 16 Q Your daughter from the first marriage, she is in 17 ninth grade? 18 A Yes. 19 Q She is pretty settled in with you? 20 A Yes. 21 Q Playing sports at the local high school? 22 A Yes, sir. 23 Q Your intention is to keep custody of her? 24 A Yes, sir. 25 Q Have you ever sought child support from their 14 • • 1 mother since you got custody in 2002? 2 A No, sir, I haven't. 3 Q Is it your intention to seek child support in this 4 case assuming alimony is terminated? 5 A No, sir. 6 Q You are not looking for support from her at this 7 point? 8 A No, sir, I am not. 9 If I can expand on that. It has never been my 10 intention to put her in a financial burden. But having custody 11 of the chi ldren, I would feel her being one of the parents, she 12 would want to take responsibility financially for these 13 children i n some way, shape, or form. Whether the money that I 14 am paying her comes back to me to take care of these children 15 and never ask her for anything, which I haven't, or she start 16 supplying money to these children to help them to see what they 17 need in th e future, whether it is clothes, clothes on their 18 back, you name it, food. 19 Q Has the mother since 2002 provided any support in 20 the nature of paying for athletic camps or trips or anything 21 like that? 22 A No, sir, she hasn't. 23 Q You are still in the military? 24 A Yes, sir. 25 Q What is your position? 15 • • 1 A Sir, currently E8 in the military. I am a hospital 2 corpsman, senior chief, and currently the administrator of a 3 health clinic. 4 Q You have been in the military how many years? 5 A 23 years this January. 6 Q Your plans with respect to retirement are what? 7 A Plan on retiring in March of 2010 and staying in 8 West Virginia area, that will give me 25 years of service. 9 Q Retiring on 25 years? 10 A Yes, sir. 11 Q Two years from now? 12 A Yes, sir. 13 Q At your retirement you will be receiving a military 14 pension, is that correct? 15 A Yes, sir, correct. 16 Q Referring to Plaintiff's Exhibit No. 2, the marital 17 settlemen t agreement, at paragraph 5, is it your understanding 18 that your first wife, Sally, will receive a portion of that 19 military pension at your retirement? 20 A Yes, sir. 21 MR. SCHERER: Objection, relevance. 22 THE COURT: Sustained, not relevant, that is 2010 23 at the ea rliest, unless untold circumstances move it up. 24 BY MR. GILROY: 25 Q Showing you what is marked as Plaintiff Exhibit No. 16 0 0 1 5. Would you identify that. 2 A That is my W-2 from last year. 3 Q Total taxable earnings last year were $42,789? 4 A That is correct. 5 Q Showing you what has been marked as Plaintiff 6 Exhibit No. 6. Would you identify that, please? 7 A Yes, sir, leave and earnings statement from 8 September of this year. 9 Q Is that a monthly statement that shows your monthly 10 wages? 11 A Yes, sir. 12 Q What is your total monthly base pay pursuant to 13 Exhibit 6. 14 A Total monthly base pay is $4,337.30. 15 Q You also receive what is listed as BAS, what is 16 that? 17 A Yes, that is a food allowance solely from the 18 military m ember. BAS is not granted when you are assigned to a 19 ship or an y place that offers a facility to feed you. 20 Q How much is that? 21 A That is $279.88. 22 Q You also receive what is noted as BAH, what is 23 that? 24 A That is basic allowance for housing granted each 25 military member in order to subsidize cost of living for 17 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 housing units. Q How much is that? A Currently $1077. Q Two columns over, and I think Mr. Scherer is going to stipulate to this or not object so I can provide Your Honor with a copy for following if Mr. Scherer agrees. MR. SCHERER: Sorry, which one? MR. GILROY: Any problem with the judge having a copy before this is admitted? MR. SCHERER: No. BY MR. GILROY: Q Going two columns over to the allotment column. There is an allotment listed there of $1077, which is the same thing as the BAH? A Yes, sir. Q Essentially, is that a payment made by the Government for your rent? A Yes, sir, it is. Q There is a discretionary allotment for 50, what is that? A That money there is going to a savings account set up here in Pennsylvania in order to take care of a car loan. Q Tricare dental allotment 27.63? A Yes, sir, family dental every month. Q Showing you Plaintiff Exhibit No. 7, is that a copy 18 • • 1 of the income and expense statement we actually prepared for 2 this? 3 A Yes, sir, it is. 4 Q Referring to page 2 and going down to your 5 expenses. Let me back up. Do you own your home or rent? 6 A No, sir, I rent. 7 Q Your monthly rent is 1,077? 8 A Yes, sir, correct. 9 Q Do you and your current wife own any real estate? 10 A No, sir. 11 Q Does your current wife work? 12 A Yes, sir. 13 Q What does she do? 14 A Part-time custodian cleaning rental cabins on the 15 base. 16 Q How much did she make last year? 17 A Over $2,000. 18 Q Is she primarily taking care of the kids at home 19 and worki ng through school with the kids? 20 A Yes, sir. 21 Q Do you have any stock funds, investment funds or 22 anything like that? 23 A No, sir. 24 Q Other than your pension, what assets do you and 25 your wife own besides vehicles? 19 0 9 1 A Nothing, sir. The only thing I pay into is a 2 savings payment plan, which is a retirement fund the military 3 sets up you can get at when you are 59-years-old. 4 Q How many vehicles do you have in your household? 5 A Currently, one vehicle. 6 Q What kind of vehicle is that? 7 A That is a Dodge Grand Caravan. 8 Q What year? 9 A 2002. 10 Q For six people? 11 A Yes, sir. 12 Q How many drivers? 13 A Two drivers. 14 Q How about your oldest son? 15 A No, my oldest son hasn't shown a desire to drive 16 and my dau ghter is currently trying to get her permit. 17 Q You have a loan on that car? 18 A No, sir, paid off that loan. I currently took out 19 a loan for a new motorcycle. The payments will start next 20 month and they are -- 21 Q Shown on there as? 22 A $800. 23 Q Part of the loan paid through Carlisle on that 24 allotment? 25 A Yes, sir, that will come right out of that money, 20 I yes, sir. 2 Q On page 2 of your income and expense statement in 3 the right-hand column you are showing expenses for college at 4 that point, you list a total of $630? 5 A Yes, sir, correct. My son in his twelfth grade 6 year was offered college courses, he is currently enrolled in 7 two courses at his high school. 8 Q You are paying for college courses even now? 9 A Yes, sir. 10 Q Also listed credit card debt, do you have credit 11 card debt? 12 A Yes. 13 Q What would be your balance on your cards at this 14 point? 15 A Approximately 9,000 for one credit card. 16 Q Page one of your income and expense statement shows 17 property owned listed about 1400, is that the approximate cash 18 balance you have in your checking and savings account? 19 A Yes, sir, it is. Basically, living month to month 20 at this point. Yes, sir. 21 Q When you and your first wife married both of you 22 graduated from high school? 23 A Yes, sir. 24 Q How did she do in school as compared to you? 25 A I believe Sally's grades were a lot better than 21 0 0 1 mine when we were in high school. 2 Q Both in the Carlisle area? 3 A Yes, sir, both graduated together in Carlisle. 4 Q Does she have any disabilities either physical or 5 emotional that would limit her ability to get a job? 6 A No, sir, not that I am aware of. 7 Q When custody was transferred of the two minor 8 children to you back in 2002 where, if you know, was Sally 9 living th en? 10 A At that point in time I believe she was living with 11 her siste r and her sister's husband. 12 Q Since that time you understand she has had two 13 other chi ldren? 14 A Yes, sir. 15 Q Not married though, she is not married? 16 A That is correct, sir. 17 Q We will find out from her, but you understand she 18 is simply working at Burger King? 19 A Yes, sir. 20 Q Do you know anything that would prohibit her from 21 going out and getting a job over the past few years that would 22 pay benefits and be a better paying position? 23 A No, sir, I don't. 24 Q Why didn't you seek child support from your ex-wife 25 when you h ad the kids? 22 0 0 1 A Sir, at the time that I asked for the kids and said 2 that to Mr. Scherer's office, who drafted the paperwork, it was 3 never my intention to put her in a bad financial state. But 4 the way I explained it was give me the kids, I will continue to 5 pay alimony and give you a chance to get back on her feet. 6 I have had the kids five years now and it seems 7 like Sally's situation continually gets worse, due to poor 8 choices, than gets better. 9 She has had two children out of wedlock, which, 10 obviously, that can be a huge financial burden. Obviously, 11 mine has gotten better over time, but I choose to do the right 12 things in the military to get promoted and make things better 13 for my family, which include Kenny and Ashley. 14 Q You are asking the Court to terminate alimony at 15 this point? 16 A Yes, sir, I am. 17 Q Understanding that if the Court did terminate 18 alimony, you could then walk out the door and seek child 19 support, is it your intention not to seek child support? 20 A No, sir, I have no intention to seek child support. 21 Q If the Court was so inclined, would you be 22 satisfied if the Court merely suspended your alimony obligation 23 as long as the children are still a minority and kept it 24 suspended as long as you had custody and did not seek support? 25 A Yes, sir, I would be willing to do that. 23 0 0 1 MR. GILROY: No further questions. 2 THE COURT: Cross-examine. 3 MR. SCHERER: Can I have just a moment? 4 THE COURT: Sure. 5 (Short recess.) 6 7 CROSS-EXAMINATION 8 BY MR. SCHERER: 9 Q I understand, Mr. Jones, that you were an E3 when 10 you married Sally? 11 A That is correct. 12 Q Your present grade is an E8? 13 A Yes, sir. 14 Q Have you received additional training in the 15 military that has qualified you for promotions? 16 A Yes, sir, I have been to school. I am an 17 independent duty corpsman, which allows me to go out on a ship 18 solely without a doctor or a nurse and basically treat war 19 causalities. There is no equivalent to that in the civilian 20 sector. 21 Q Is that schooling within the military? 22 A Yes, sir, it is within the military. 23 Q You suggested that perhaps Sally was under-employed 24 as a worker at Burger King. Are you aware of the skills that 25 she has that would qualify her for a job paying more than 24 0 0 1 Burger King? 2 A Yes, sir, even benefits. I have got a 17-year-old 3 son who just got a cashier job as a GS grade in the commissary. 4 My father worked at the commissary here at Carlisle. He was 5 produce manager, and at one point in time after the divorce had 6 offered Sally that he would help her get a job there. She 7 chose not to do that. 8 But I just would like to say if my 17-year-old son 9 can go out and get a job as a GS4 which at full-time qualifies 10 you for benefits and making every bit as much money as she has 11 at Burger King, I believe she has got the skills to do it also 12 and isn't even in high school. 13 Q You are saying he makes about $10 an hour as a 14 cashier? 15 A He is making $9 an hour as a cashier right now, 16 yes, sir, part-time. 17 Q The housing that you live in, it is supplied by the 18 military? 19 A No, sir, it is actually owned by what they call 20 Lincoln military housing, which is a private venture. They 21 basically buy all military housing across the U.S. Though it 22 is still on a military installation, the agreement when they 23 bought the housing out was anybody living in this housing would 24 have to forfeit their entire basic allowance for housing to 25 live there. 25 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So I see from your income expense statement you pay $1077 per month for rent, is that the same number you told us for BAH? A Yes, sir, it is. Q Is one of the two of them BAH or BAS not taxed for Federal income tax purposes? A BAH is not taxed, unless you are claiming earned income credit. Q With regard to child support, you realize that at any time you had primary custody of Ashley and Kenneth, Jr., that you could have filed for child support? A I do realize that, but that has never been my intention. My intention was never to take any money from Sally whatsoever. Q I took a look at your leave and earning statement and I think you told us that, correct me if I am wrong, that your monthly income is $4,347? A Sir, my base pay is $4,347. Total month income would be $5,704.18. That would include basic allowance for housing and basic allowance for subsistence. Q So annually that would be roughly $60,000? A Yes, sir, just short therewith. Q Which is about $12,000, which is the BAH untaxed for Federal income tax? A Yes, sir. 26 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you recall, and let me just show you what I have marked as Respondent's Exhibit No. 4, and I will tell you that it is your W-2 from the year 1997 along with your federal income tax return for 1997, can you take a look at that, please. A Yes, sir, I haven't seen it in awhile. Q You agree with me that your income now is more than double what it was in -- A I would agree with that if basic allowance for housing was also included in on this W-2, which it is not, just as my current one does not list basic allowance for housing. Yes, it has doubled, it has gone from 27,000 to 42,000. MR. SCHERER: Thank you, Mr. Jones, I don't have any other questions. THE COURT: Any redirect? REDIRECT EXAMINATION BY MR. GILROY: Q Mr. Jones, you mentioned your wife getting a job and made reference to your father working at the commissary. Was your father or is he employed at the Carlisle Barracks? A At the time he was employed as a produce manager at the commissary at the Carlisle barracks, he has since retired. Q How long was he there? 27 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Over 20 years. Q Your understanding is that he asked Sally to come out to work there and she declined? A Yes, sir, this was after the divorce. Q If you got a job out there would you have health benefits? A Yes, sir. Q Would your hourly rate increase regularly with cost of living, et cetera? A Yes, sir, it would. Q Again, referring to R-4, which is basically your W-2 for the year '97, your total salary on that was $27,600, is that right? A That is correct. Q For tax purposes? A Yes, sir. Q Referring to Plaintiff's Exhibit 5 which is your W-2 for '06, your taxable salary is $42,789? A Yes, sir. Q You are making more money but it is also about 10 years later? A Yes, sir, 10 years later and a much large' family. Q And the dollar is not going as far? A No, sir. I MR. GILROY: No further questions. 28 • • 1 MR. SCHERER: No recross. 2 THE COURT: You may step down. 3 Any further testimony? 4 MR. GILROY: No, Your Honor, and we move for the 5 admission of Plaintiff's Exhibits 1 through 7. 6 THE COURT: 1 through 7 are admitted. 7 MR. SCHERER: Sally Jones. 8 9 SALLY JONES, 10 having been duly sworn, testified as follows: 11 DIRECT EXAMINATION 12 BY MR. SCH ERER: 13 Q Can you tell us your name, please? 14 A My name is Sally J. Jones. 15 Q Your address? 16 A It is 112 West High Street, Apartment A, Carlisle, 17 Pennsylvan ia, 17013. 18 Q How long have you lived on High Street? 19 A I have lived there since April of this year. 20 Q What is the nature of that property, is it a 21 rental? 22 A Yes, it is a rental. It is called the Wilson 23 House. It is owned by Safe Harbor and it is low income housing 24 for people who have problems finding suitable housing or 25 getting homes through the housing office of HUD. 29 0 • 1 Q Who do you reside with? 2 A My two children, Cierra, and Isaiah. 3 Q Can you tell us when Cierra was born? 4 A May 7 of 2002. 5 Q How about Isaiah, when was he born? 6 A Isaiah was born December 7 of 2004. 7 Q You also have Kenneth, Jr., and Ashley, is that 8 right? 9 A Yes, I do. 10 Q Do you have any other children? 11 A No, I do not. 12 Q What is your date of birth? 13 A My date of birth is May 13, 1966. 14 Q Tell us about your employment, who is you 15 employer? 16 A I am currently employed at Burger King, Ilam a 17 manager. 18 Q Is that right down here in Carlisle? 19 A Yes, sorry, 950 East High Street in Carli le. 20 Q How long have you been with Burger King? 21 A Seven years. 22 Q What position did you take initially withlBurger 23 King? 24 A Initially, I started out as a crew member cashier. 25 Q Your present position if you didn't already tell 30 • • 1 us? 2 A Is a manager. 3 Q Your rate of pay is what? 4 A $9.65 an hour. 5 Q I want to show you what has been marked as 6 Respondent's Exhibit No. 1. Can you identify that for us, 7 please? 8 A Yes, this is a copy of my pay stub from bock in 9 September of this year. 10 Q Can you tell us approximately how many hours per 11 week you wor k? 12 A Approximately it is 40 hours a week. 13 Q Do you receive any overtime? 14 A Overtime varies, sometimes I have overtime, 15 sometimes I don't. My overtime could be anywhere from maybe 16 one to five hours. 17 Q I want to show you what has been marked as 18 Respondent's Exhibit No. 2. Could you identify that, ',please? 19 A This is a copy of my income tax return for this 20 year. 21 THE COURT: 2006? 22 THE WITNESS: Yes, sorry, Your Honor. 23 BY MR. SCHER ER: 24 Q Can you tell us what your gross wages were in 2006? 25 A Gross wages, $26,275. 31 0 0 1 Q What did your gross wages include? 2 A It included my wages from my job and my alimony. 3 Q I see your wages from your job are a little over I 4 22,000? 5 A Yes. 6 Q Is that what you expect to make in 2007? 7 A Yes, roughly. 8 Q Are you anticipating any substantial increases in 9 your rate of pay at Burger King? 10 A No, I am not. 11 Q You have taken at least one promotion sinc e you 12 have been at Burger King? 13 A Yes. 14 Q Was there a middle promotion that you too l in 15 between? 16 A Yes, I started out as cashier. Then from there 17 went to prod uction leader. Then from production lead? r I took 18 the position of manager. 19 Q Would there be any promotions beyond that store 20 manager mayb e? 21 A Possibly in the future, but right now, noa 22 Q Can you tell us about your educational bac kground? 23 A Educational background, graduated from Car lisle 24 Senior High School in 1984. 25 Q Do you have any special training or do you have any 32 • • 1 special skills relative to employment? 2 A No. 3 Q Can you tell us what kind of work you didjwhen you 4 were marri ed back in 1987? 5 A When Kenneth and I got married, I was a waitress 6 at -- back then it was called the Embers but I believe now it 7 is called the Clarion Hotel. 8 Q. Can you tell us where you lived during the 9 marriage? 10 A We lived here in Carlisle for a short period of 11 time. We moved to Maine and then from there we moved'to Rhode 12 Island. T hen from Rhode Island we moved back to Pennsylvania 13 where Kenn eth was stationed in Mechanicsburg. Then from there 14 we moved t o Virginia. 15 Q When you were up in Maine were you employed? 16 A Yes, for a short time I was employed. I worked at 17 a grocery store. 18 Q What did you do at the grocery store? i 19 A I was a cashier. 20 Q When you moved to Rhode Island were you employed 21 there? 22 A No, I wasn't employed because our son, Kenneth, was 23 born. 24 Q Then you moved back to Carlisle and were ou -- you 25 didn't say Carlisle, I think you said Pennsylvania. Were you 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in this area? A When we moved back to Pennsylvania we moved in Mechanicsburg. Q Were you employed at that time? A Yes, I was. Q How so? A I was employed -- I got my job back at the Embers, the Clarion. Q Waitressing? A Yes. Q Then from there you moved to Virginia. Were you employed in Virginia? A No, I was not. Q Was there a reason why not? A The reason why is because our son, Kenneth, started school, so I stayed home to take care of him and take ',him back and forth to school. Q Then you came back here to Carlisle in December of '96, right? A No, I came back in August of '96. Q Do you want to tell us about that? A I came back here in August of '96. My father -- the day after I returned, my father had passed away. After my father died my mother and I lived together because of ',Kenneth and I separating at that time, with our children. 34 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So you had Ashley and Kenneth, Jr., with You? A Yes, I had Kenneth and Ashley with me at that time. Q Do you disagree that the separation was i n December of '96? A At the time he came home and said that helhad wanted a divorce. But then when he had left to go ba'k he had told me to hold off until after the 1st of the year, oughly around February, because he said he may change his mid but he did not. Q How long did you live with your mother in,Carlisle? A I lived with my mother -- we got back here in 196 and she died in 2000. Q Did you live with her that entire time? A Yes. Q You had Ashley and Kenneth, Jr., with you{ A Yes. Q Were you employed during that period? A When Kenneth and I first separated and started the divorce, no, I did not work. But then I got a job part time at the elementary school where our children attended as teacher's aid and lunch proctor. Q Then did you eventually take a different ?- A From there I took a different job. I wen to Burger King. Q Aside from your mother, had you lived wit i any 35 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other persons since August of '96? A No, I have not, just my children. Q Cierra and Isaiah and for a time Kenneth, Jr., and Ashley? A Yes. Q Can you tell us what your monthly expenses are? A My rent is 350 a month. My cell phone is $100. Q What does 350 a month get you, you have two bedrooms, three bedrooms? A No, just one bedroom. Q Do you have a bathroom right in your apartment? A Yes, I do. Q So you have a one bedroom and that costs 350 a month? A Yes. Q Did you say cell phone? A Yes, I have a cell phone and that runs ro0ghly about a hundred dollars a month. Q What type of plan is that? A It is just a go-phone. I have the phone and I put i my own minutes on it. Q Is that more expensive than a typical cel? phone plan? A I wouldn't -- I guess in a way it would b yes. Q What did you need the cell phone for? 36 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I use the cell phone to have contact withllmy work; my sister; and my children, Kenneth and Ashley. Q Is your sister your only other family? A Yes. Q Getting back to your expenses. Do you ha,re a day care expense for Isaiah and -- A Yes. Q How much is that? A That is $50 a week. Q Did you tell me about a storage shed that rented? A Yes, I do have a storage shed which I pay my items, it is $70 a month. But on your advice I am process of eliminating that. Q Then you have food, clothing? A Yes, I have food and clothing for the chi$ myself. Q What about cable television? A No, I do not have cable television. Q Int ernet service? A No, I do not. Q Do you have a computer? A No, I don't have a computer. Q Do you have a vehicle? A No, I don't. you to hold in the Aren and 37 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you have a driver's license? A Yes, I do. Q When did you last have an automobile? A I had an automobile so it was October of 006. Q Why do you no longer have an automobile? A Because the automobile that I had, the trlnsmission went out, and it was just too expensive. It wasn't w rth getting repaired. Q How do you get around? A I walk or if I have to run errands, my sister will take me. Q Do you have any savings? A No, I do not. Q Do you expect any inheritances or other 1? of money? A No. Q Where does your sister live? A She lives at 1934 Reservoir Drive in Carl# Pennsylvania. Q How is your health? A I would say my health is fine right now. Q Do you have health insurance? A No, I do not. Q Are you on any medication? A No, I am not. urge sums .sle, 38 • • 1 Q Can you talk about your custody of Kenneth, Jr., 2 and Ashley, how would you characterize their transfer to their 3 dad back in 2002? 4 A I was living at Pomfret Street, on West Pomfret 5 Street with my mother before she had passed away. Th4 rent 6 there alone was $650 plus all utilities, I became pregnant with 7 Cierra, it just was overwhelming with the bills and Ii,got 8 behind on t he rent so I was evicted from that residede. 9 In that time I moved in with my sister, along with 10 -- I moved in, as well as Kenneth and Ashley, and we ?tayed 11 there for a period of about three months and then that is when 12 my ex-husba nd came back. I gave him custody of the children 13 and then in August of that year I moved into Safe Harbor. 14 Q Would you like to have primary custody oflKenneth 15 and Ashley at this time? 16 A Yes, I would love to have custody back ofllmy 17 children. 18 Q Are you able to at this time? 19 A No, I am not. 20 Q Do you provide any type of support or clo ?hing or 21 anything fo r the children, Kenneth and Ashley? 22 A I do not send Kenneth any money in regard to the 23 children. But when the children do come up and visit me, I do 24 buy them cl othes, buy them shoes. I bought them minu es for 25 their phone. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 When they were up over the summer this past year we went on vacation, it was a family vacation, we went to the beach and I paid all the expenses there. Q How did you afford that? A I used my income tax return. I Q The refund from your income tax return? A Yes. Q Do you have any credit card debt? A No, I don't. Q You heard testimony from Kenneth, Sr., about working at the commissary? A Yes. Q Were you offered a job at the commissary? A At the time that Kenneth and I were married, his father did tell me that he would be able to get me a ob in the commissary if I wanted it, but he had never offered m? a job in going through the divorce. Q Would it be your desire to obtain more lu rative employment or employment that would pay more? A Oh, yes, I mean anybody would like that. MR. SCHERER: Thank you, I don't have anylother questions. CROSS-EXAMINATION BY MR. GILROY: 40 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Ma'am, what were you making per hour in 2606 at Burger King, if you remember? A Roughly maybe $9. Q If my math is correct, even just using the $9.65 per hour, that was up about $20,000, so $20,072 per Year, but last year you made at Burger King $22,279? A Yes. Q Are you putting in maybe 4, 5 hours of ov rtime pretty regularly on an average? A Last year I might have, but now it changer, it I varies. Like I said, I have between one and five hou s of overtime. Q When you separated I believe you indicated you weren't working? A No, I wasn't. Q Then you went to an elementary school, was that Mooreland Elementary here in Carlisle? A Yes, it was. Q You got a job there? A Yes, I did. Q What was your hourly rate? A I believe it was anywhere from 6.25 maybe to 6.75, I really don't remember. Q Then you left that job and went from ther to Burger King? 41 0 1 A Yes, I did. 2 Q When did you start at Burger King? 3 A In July of 2000. i 4 Q So after the divorce? 5 A Yes. l 6 Q of the So you weren't working at all at the time 7 divorce? 8 A I just worked part time at the school. 9 Q You have been at Burger King for about 7 years? 10 A Yes. 11 Q Have you applied at other places? 12 A Yes, I have. 13 Q That might have given you health insurance or 14 increased wages? 15 A Yes, I have. 16 Q Where have you applied? 17 A I have applied to nursing homes, to hotels. When I 18 went and applied and had interviews, they saw the pay',rate that 19 I make at Burger King, it was less money but it was b?tter 20 benefits, and I didn't get the job. 21 Q How about at the war college, the commiss ry, did 22 you ever fill out an application there? 23 A No, I did not. 24 Q So in 2002 when you were transferring cus tody of 25 the child ren to Mr. Jones you were living at your mot er's home 42 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and your mother had passed away? A Yes. Q And I believe you said you became pregnan ? A Yes. Q With Cierra? A Yes. Q Who is Cierra's father? A His name is Richard Gantz, Sr. I Q Where does he live? A He lives here in Carlisle. Q Where about? A He lives at 34 Baltimore S treet. Q How do you know him? A I met him through Burger K ing, he had wor i ked there at the time when I started. Q Does he still work there? i A No, he does not. Q Who is the father of your other child? A It is the same father, Mr. Richard T. Ganz. Q When was Cierra born? A May 7 of '02. Q When was Isaiah born? A December 7 of '04. Q So you have had an ongoing relationship w - th Mr. Gantz since approximately the fall of '01 through 200 ? 43 1 A Yes. 2 Q Yes? 3 A Yes. 4 Q Do you still have that ongoing relationshJ 5 A No. 6 Q When did that stop? 7 A In '06. 8 Q 2006? 9 A Yes. 10 Q You say you never lived with him? 11 A No, I have not. 12 Q Did he come over the house and stay overn: 13 A He would on occasion, yes. 14 Q Did you go over to his house and stay ove: 15 A Sometimes, yes. 16 Q Where does he work? 17 A Right now he is not employed. 18 Q How old is he? 19 A He is 48. 20 Q Why is he not employed? 21 A For health reasons, he has diabetes and pi 22 reasons. 23 Q Personal reasons, what do you mean? 24 A He has a court date coming up. 25 Q For what? .p? _ght? -night? ?rsonal 44 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Sexual charges. Q Pardon me? A It is in reference to sexual charges. Q Sexual charges? A Yes. Q Have you yourself been arrested over the i years for any matter? A No. Q Were you involved with any illegal drugs? MR. SCHERER: Objection, relevance. A No. THE COURT: She said no. BY MR. GILROY: st 10 Q How about a support obligation for Mr. Ga tz, do you have a support order against him? A Yes, I do. Q How much per month? A The Court order states $302 a month for both Cierra and Isaiah. Q 302? A Yes. THE COURT: The total for two? THE WITNESS: Yes, total for the two. BY MR. GILROY: Q When was the last time you were at the Do estic 45 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Relations Office to have that order reviewed for a determination of how much he should pay? A We did have a hearing. Q Put it this way, how long has the order f?r 302 been in place? A Since Isaiah -- since roughly 6 months after Isaiah was born. Q So about 2005? A Roughly, yes. Q Was Mr. Gantz working at Burger King at tkat point? A No, he wasn't. Q Where was he working? A He has had different jobs. He has workedlat -- one was Ross, a recent one. He has worked at the Clarion Hotel. He has worked at Pilot and other places. Q You have not been in the support office f?r an increase or any enforcement in about 2 years? I A No, I haven't. Q Prior to the hearing you obtained some documentation from the Cumberland County Domestic Rel tions Office with respect to Mr. Gantz' support obligation? You obtained information as far as how much he owes you? A Yes, I did. Q You would agree that he has arrears of ab ut $3400 on the support that he owes you? 46 0 0 1 A Yes. 2 Q That is about 11 months worth of support, right, 3 about $300 a month? 4 A i Yeah, roughly. 5 Q You haven't asked the support office to being him 6 in on contempt or to enforce that order, is that right.? 7 A No. 8 Q Pardon me? 9 A No. 10 Q It is correct, you have not done that? 11 A Yeah, no, I haven't, sorry. 12 THE COURT: Are you getting any support now? 13 THE WITNESS: No, I am not, judge. 14 THE COURT: When is the last time you gotanything? 15 THE WITNESS: October of this year, the lest 16 payment was I believe roughly $6 and some change. 17 BY MR. GILROY: 18 Q You agree that Mr. Jones has not requiredl,you to 19 pay any child support over the past 4 years, 5 years he has had 20 the children? 21 A Yes, I agree. 22 Q Why haven't you gone after Mr. Gantz for more money 23 on a monthly basis and why haven't you gone after him to 24 enforce the payments? 25 A I am not really sure. It never occurred o me to 47 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 do that. Normally, if he is in arrears, I will get something from domestic saying we have to go in and get it settled. MR. GILROY: No further questions. THE COURT: Anything else on redirect? REDIRECT EXAMINATION BY MR. SCHERER: Q You understand that it would be your obligation to enforce the support order? A Yes. Q Did I just hear you say that typically Domestic Relations would send out a notice when you didn't receive payments? A Yes, they would. I mean, the payments are set up through their office. I was getting payments on time If he would get behind and a long period of time would go by without receiving a payment, he would be in arrears, I would be notified through domestics for a hearing, yes. Q Does he have skills beyond that what a typical laborer would have? A No, no special skills. Q Do you have reason to believe that you cold get a substantially higher child support order against him #f you applied for one? A No. 48 0 0 1 Q I want to show you what has been marked as 2 Respondent's Exhibit No. 3, can you identify this for us. 3 A This is a copy of the child support payments that I 4 received fro m Mr. Gantz in the past year for the two children, 5 Cierra and I saiah. 6 MR. SCHERER: No further questions. 7 MR. GILROY: No further questions, judge.i 8 BY THE COURT: 9 Q The current criminal charges he is facing is he 10 out on bail? 11 A His hearing is coming up in January I believe he 12 said. 13 Q But he is on the street? 14 A Yes. 15 Q They don't involve you or any member of your 16 family? 17 A No, they do not. 18 Q Cierra and Isaiah, are they covered under'',the state 19 health insurance plan? 20 A They have received -- I receive medical assistance 21 through the Assistance Office here in Carlisle. The insurance 22 that they have is Gateway. 23 Q They have Gateway. Do you have some medical 24 assistance? 25 A Pardon me? 49 • • 1 Q Do you personally get some medical assistance? 2 A No, I do not, not for myself. 3 Q Are you full-time at Burger King? 4 A Yes, I am. 5 Q Do they offer any type of employer provided health 6 insurance f or you? 7 A Yes, they do offer it, it is just too expensive, 8 Your Honor. 9 Q Do you have to participate? 10 A Yes. 11 Q Do you know if you would get health insurance for 12 yourself th rough your employer what you would have to '',pay? 13 A I believe -- I don't know the exact figure, but I 14 believe rou ghly I think it is around $80. 15 Q A month? 16 A That they take out on your paycheck. 17 Q For what period of time, 80 of what? 18 A I think 80 every two weeks, but I am not one 19 hundred percent sure on that. 20 Q Okay. You may step down. 21 MR. SCHERER: I will move for the admission of 22 Respondent' s Exhibit 1, 2, 3 and 4. 23 THE COURT: Admitted. 24 Argument. 25 (Argument off the record.) 50 • • 1 THE COURT: The record is closed. I will take it 2 under advisement and have something down shortly. 3 Court is adjourned. 4 (Court adjourned at 2:53 p.m.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ??? 0 Awl? Patricia C. Barrett Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ` IQ Dat 52 ??.?, ?'?" ? : a F=t' 4.? ? ,u,,,. ,, J._ ? F r1 Via, (w.cr t' ??Y '"? ";r_ C?"? INCOME WITHHOLDING FOR SUPPORT Q ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT (IWO) Q AMENDEDIWO Q ONE-TIMEORDERINOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO C, 0 o C), 7- L,i-7 -il GiV ) Date: 02/10112 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Indivicuautnnry tt,necR -1-i NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions httpm//www acf hhs,gov/programs/c5 /ne vhire/employ-Qr/publication/publication htm -.form ). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. StatelTriberrerritory Commonwealth of Pennsylvania.._ Remittance Identifier (include w/payment): 8040000020 City/County/Dist.fTribe CUMBERLAND Order Identifier: (See Addendum for orderldocket informaiton) Private IndividuallEntity CSE Agency Case Identifier: (See Addendum for case summary) RE: JONES KENNETH A. Employee/Obligor's Name (Last, First, Middle) 225-88-4046 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) Employer/income Withholder's FEIN 311575142 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions ht(p://www acf hhs gov/prrograms/cse/newhi-/ employer/gublication/12ublication.htm -forms/. If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 3115751420 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 0.00 permonth in current child support c _ P1.3 T 1- 1 $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? Q ye--Dj .... $ 0.00 permonth in current cash medical support ZI" rT, $ 0.00 permonth in past-due cash medical support $ 333.00 per month in current spousal support -<?' w CD $ 0.00 per month in past-due spousal support ?c? `;.F $ 0.00 permonth in other (must specify) ?p Z "? t for a Total Amount to Withhold of $ 333.00 per month, p r",3 -°.)r`µ} •-j cr, A AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the (NdeRfcr:V_tron. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 76.64 per weekly pay period. $ 166.50 per semimonthly pay period (twice a montl $ 153.27 per biweekly pay period (every two weeks) $ 333.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold ul to 55%0 of disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts contact_map.htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 c-irp Tvee M Form EN-428 01/12 Worker ID $IATT ? Return to Sender [Completed by Employer/income Withholder). Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: FEBRUARY 10, 2012 1 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS 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 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. State-specific contact and withholding information can be found on the Federal Employer Services website located at: gyp:llwww.acf.hhs.gov/programs/cse/`newhire/-employer/contacts/`contact_map. htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(bx7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. 'ayments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial )arty, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent ly a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was ;sued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. ',eporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the mount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if )plicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement e withholding and forward the support payments. ultiple iWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to lderal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current pport before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal ice of employment to determine the appropriate allocation method. mp Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this ployee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to ort and/or withhold lump sum payments. bility: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the )loyee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and penalties set by State or Tribal law/procedure. -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from loyment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. piration Date-05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO: it identifies the version of the form currently in use. Form EN-428 01/12 Service TVDe M Paqe 2 of 3 Employer's Name: DEPT OF DEFENSE CIVILIANS Employer FEIN: 311575142 Employee/Obligor's Name: JONES, KENNETH A. 9040000020 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for order/docket information) 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/obligor's principal place of employment (see REMITTANCE INFORMATION). 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, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U,S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3115751420 O This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Last known phone number: Final Payment Date To SDU/Tribal Payee: New Employer's Name: Final Payment Amount: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717 240-6225, by fax at (717) 240-6248, by email or website at: www childsupportstate pa us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N HANOVER ST P.O. BOX 320. CARLISLE PA 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717)_ 240-6225, by fax at (717) 240-6248, by email or website at www childsupportstate pa us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-428 01/12 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: JONES, KENNETH A. PACSES Case Number 121000020 PACSES Case Number Plaintiff Name Plaintiff Name SALLY J. JONES Docket Attachment Amount Docket Attachment A aunt 97-6772 CIVIL $ 333.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACKS Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket $ Attachment Amount 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Do ke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 01112 Service Type M OMB No i 0970-0154 Worker ID $IATT ~ ` INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDING oRDERwonCE FOR SUPPORT(IWO) � 7 _ L7 � � OAMEwoeoxmo , . _ . O owe-nMsonoEewonCc FOR LUMP SUM PAYMENT 0 TERMINATION opuwo Date: [] Child Support Enforcement(CSE)Agency tK Court Attorney Private IndividuallEntity(Check One) NOTE:This IWO must be regular on its face, Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/­­newhire/empl!2yer/­­publication/publication.htm-form ). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. Staterrribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 9040000020 City/County/Dist.[Tribe CUMBERLAND Order Identifier: (See Addendum for orderldocket Informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: JONES, KENNETH A. DEPT OF DEFENSE CIVILIANS Employee/Obligor's Name(Last, First,Middle) Sent Electronically Employee/Obligor's Social Security Number (See Addendum for plaintiff names DO NOT MAIL associated with cases on attachment) Custodial Party/Obligee's Name(Last,First, Employer/Income Withholder's FEIN 311575142 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions emr)foyer/i)ublic.gtion/i)6bfica,tion,htm-form If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLANIYCounty, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amountsTon4;e em ployee/ obligor's income until further notice. 7Zz" r-1 $ 0.00 per month in Current child support onth in past-due child support- Arrears 12 weeks or greater? (rno 7�0 $ 0.00 per month in current cash medical support $ 0.00 per month in past-due cash medical support $ 0.00 per month in current spousal support CZ $ 0.00 per mgnth in past-due spousal support $ 0.00 per month in other(must specify) for a Total Amount to Withhold of$ 0.00 per month. AMOUNTS TO WITHHOLD: You do not have(o vary your pay cycle hobein compliance with the Order Information. If your pay cycle does not match the ordered payment oyc|e,withhold one of the following amount: $ 0,00 per weekly pay period. $ 0.00 per semimonthly pay period(twice emonth) $ 00 per biweekly pay period(every two weeks) $ o.0o per monthly pay period. $ Lump Sum Payment: On not stop any existing iVVO unless you receive o termination order. REMITTANCE INFORMATION: if the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (Stete/T,ibm), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of . Send payment within working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (S\ate/Triba), the employer can obtain withholding limitations, time requ|namontn, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of mmp|nyment. Document Tracking Identifier OMB No.:0970w154 Form EN-428D8/12 Service Type yW Worker |D $|AJ7' ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in ` accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: APRIL 12 2013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS 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 INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER/D(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http•//www acf hhs gov/proarams/cse/newhire/employer/contacts/contact map.htm Priority:Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-428 06/12 Service Type M Page 2 of 3 Worker ID $IATT ~ ^ Employer's Name: DEPT OF DEFENSE CIVILIANS Employer FEIN: Employoe/}bligoh»Name: JONES, KENNETH A. 9040000020 CSE Agency Case Identifier: Order Identifier:(See Addendum for orderldocket information 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/obligor's principal place of employment(see REMITTANCE INFORMATION). 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,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe, For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3115751420 0 This person has never worked for this employer nor received periodic income, 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor. Termination date: Last known phone number: Last known address: Final Payment Date To SDILIfTdbal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: |f you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone ot . by fax at . bv email orwoboiheat: . Sandhenninmdon/inoome status notice and other correspondence to:DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013(Issuer address), To Elrnployee/ObUgM|f the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone a1 . by fax at . by email orweboihoat . IMPORTANT:The person completing this form is advised that the information may be shared with the amp|oyae/bb|igo,. OMB wo..oum-01s4 Form EN-428DG/12 Service Type K8 Page 3of3 Worker|D8|/TT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: JONES, KENNETH A. PACSES Case Number 121000020 PACSES Case Number Plaintiff Name Plaintiff Name SALLY J.JONES Docket Attachment Amount Docket Attachment Amount 97-6772 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name . Docket Attachment Amount Docke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 06/12 Service Type M OMB No.:0970-0154 Worker ID $IATT � ~ � YNCQk8EV�YHHK�L0YNK� F0F�SUPPORT /��/ 0 ' vD~D,�= @ ORIGINAL INCOME WITHHOLDING onocRImonos FOR SUPPORT pvw» ��'7 /P-7_7� �\ / xmewosoxwo ' / / --+~ / '=- �^y// O owE-nmsonosnmon:e FOR LUMP SUM PAYMENT O TERMINATION opuwo Date: 0 Child Support Enforcement(CSE)Agency Z Court C] Attorney Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face.Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions hftr):L/www.acf.hhs.cov/­proorams/cse/newhire/employerlpublication/­publication.htm-forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 9040000020 City/County/Dist.fTribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: JONES, KENNETH A. DEPT OF DEFENSE CIVILIANS Employee/Obligor's Name(Last,First,Middle) Employee/Obligor's Social Security Number Sent Electronically (See Addendum for plaintiff names LDO NOT MAIL associated with cases on attachment) __�11 Custodial Party/Obligee's Name(Last,First, Employer/income Withholder's FEIN 311575142 NOTE:This IWO must be regular on its face, Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions htti):/Lw—ww.acf.hhs.gov/r)roarams/cse/ne hire/ you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (8taba/Tribo>� Youaner�qu|redby|aw��dmduct�he���mpunto�opithaemp|nyaa/ � `^ obligor's income until further notice, $ 0.00 Der month in Current child support m $ 0.00 Der month in past-due child support- Arrears 12weeks orgmsotmr? {�yd-9[�� 6�! $ perOloDthinouroontcaehmedica| ouppo� �� $ 0.00 Der month in past-due cash medical support $ per month incurrent spousal support <cz �c_,. Q 0.00 per month in past-due spousal ouppmrt �c- '� �zc Q per DIoO1hin other(must opecU�) . z=�� '_ r fora Total Amount tpWithhold wY$ 333.00 per month. 7� -` AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle tnbmin compliance with the Order Information. If your pay cycle does not match the ordered payment cycle,withhold one of the following amount: $ 76,64 per weekly pay period. $ 166.50 per semimonthly pay period (twice amonth) $ 15327 per biweekly pay period (every two weeks) $ 333.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing |VVO unless you receive termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (8tmta/Tribe)' youmuotbeQinxvithho|d|nQno|aharthanthefinotpoyperiodthat000una ten (10) working days after the date of . Send payment within working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor,withhold up to 55%of disposable income for all orders. If the employee/obligor's principal place of employment io not within the Commonwealth of Pennsylvania (Stata/Tr1be), the employer can obtain withholding limitations, time requirements, and any aUovvab|m employer fees sd http://www.acf.hhs,ciov/programs/cse/newhire/employer/contacts/contact map. |tm for the emp|oyee/obUgo/o principal place ofemployment. Document Tracking Identifier OMB No.:em��m � Form EN'428OS/13 Service Type M Worker/[} $|/(TT ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC§666(b)(5)and (b)(6)or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: APRIL 15 2013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS 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 INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER/D(shown above as the Employee/Obligor's Case Identirter) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www acf hhs gov/programs/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-428 06/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: Employer FEIN: Emp|nyeoX}b|kJor'sNama: JONES, KENNETH A. 9040000020 CSE Agency Case Identifier: Order Identifier:(See Addendum for order/-dQcket Information Withholding Limits:You may not withhold more than the huooer nt 1)the amounts aUnvmd 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/obligor's principal place of employment(see REMITTANCE INFORMATION). 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 is5096 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,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal ondem,you may not withhold more than the amounts e||uwod under the law of the issuing Tribe, For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction inwhich the employer/income withholder/a located orthemaximumomountpenni#odundnroaction3O3(d)uftheCCPA(15U.S.C1G73(b)). Depending upon applicable State or Tribal |ow,you may need to also consider the amounts paid for health nanm premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than i2 weeks?|f the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCRA limit using the lower percentage, Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3115751420 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: |f you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at by fax ot by email nrwabaihaat:www.childsupport.state.pa.us. Send term inaUnn/incomm status notice and other correspondence to: DOMESTIC RELATIONS SECTION, P.O. BOX 320, CARLISLE, PA. 17013(Issuer address), To Employee/Obligor. |f the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone ot . by fax at ` by email orvvobsibaot . IMPORTANT:The person completing this form ie advised that the information may be shared with the amp|oyoe/ob|iQor. OMB wo'uem*,m Form EN-428U6V12 Service Type K4 Page 3of3 Worker |O$|/(TT F� y ADDENDUM Summary of Cases on Attachment Defendant/Obligor: JUNES, KENNETH A. PACSES Case Numbe r 121000020 PACSES Case Number Plaintiff Name Plaintiff Name SALLY J.JONES Doc et Attachment Amount Docket Attachment Amount 97-6772 CIVIL $ 333.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount D cke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 06/12 Service Type M OMB No.:0970-0154 Worker ID $IATT