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HomeMy WebLinkAbout01-1014 FX , " . ,. < "'. 1,1. "', .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF KATHRYN KNISELY, Pl"int-iff VERSl,J5 JO:JUlJ;, Jail I >:JO:J;,Y , JR . Defendant . AND NOW. Oe:CREe:O THAT ANO PENNA. NO. 01-1014 CIVIL TERM DECREE IN DIVORCE )/~ K1\'(TjRYN Kl]T,<::RT,y EAR.LKNISELY, JR. 1'1 ' , ZAO( , IT IS ORDERE;D AND , PLAINTIFF, , DEFENDANT, ARE DIVORCEO FROM THE BONDS OF MATRIMONY. THe: C;::Ol,JRT RETAINS Jl,JRISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAlsl;:D OF RECQRD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; No issues are outstanding. All issues have been resolved and settled by the parties' Marriage Settlement Agreement dated November 12, 2001, . By THE COU:T~.d a~~ ( PROTHONOTARY l llillm "ia:,,",'~): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . l. <~ - " ". ,~, " " ' , _ c~, "~-~, ~ Il/IS/O/ -Ckd:,~ ~--t,- !0~:'f2a.~,E4:,- i1/I:;/()I-Y\~~--t;, ~ ;J.~/~- , -"<- ,.' # . '''--1 -~~I~~i ~ __~_~~ ~_l'I!!\[~.~",,,~_!,,,,,""""""'~~1'l"f>1'tiiml!l'-1IJ1!!~!l!lIi~"',,, ~ "_e"""~=r"',",r"> iT ~ - .'1 1,1 ~~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN KNISELY, Plaintiff v. NO.O 1- j OIL:{ EARL KNISELY, JR., Defendant CIVIL ACTION - LAW DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -.'~ DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 ,," 1,1 -~< -, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN KNISELY, Plaintiff v. NO. 0/- JON ~ IL-U<<. EARL L. KNISELY, JR., Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT AND NOW, thiS~ day of Plaintiff, KATHRYN KNISELY, by her attorney, ,. 2001, comes the lANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is KATHRYN KNISELY, an adult individual residing at 999 Oak Lane, Apartment A, New Cumberland, PA 17070, 2. The Defendant is EARL KNISELY, JR., an adult individual residing at 999 Oak Lane, Apartment A, New Cumberland, PA, 17070. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 17, 1999 at Mechanicsburg, PA, Cumberland County. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to -2- ,,ii;i~ DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP fiLL, PA 170ll (717) 737-0100 _ Jj " 1.l11~~ participate in counseling, 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EOUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from April 17, 1999 to the date of separation, all of which is "marital property". 11. plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. - 3 - ~ ~_.L " , "-",,~ ~ ,I L.J ,-'" '~'C WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III: ALIMONY PENDENTE LITE. ALIMONY 13. Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. 14. Plaintiff lacks sufficient property to provide for herself reasonable means and is unable to support herself through appropriate employment, 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV: COUNSEL FEES 16. Paragraphs 1 through 15 are incorporated by reference hereto as fully as though the same were set forth at length, 17. Plaintiff has employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 - 4- ~ ~ DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP IIILL. PA 17011 (717) 737-0100 , 1:1 _-o-k~",,"."li'i".'-'I'''''- .J, ~ -,' ;'-, WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. F, ESQUIR I e Road C PA 17011 Supreme Court ID #32112 Phone: (717) 737 - 0100 Fax: (717) 975-0697 Attorney for Plaintiff - 5 - - ;.;"~. "~- DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 - II L_~" , , ,- .. .. VERIFICATION KATHRYN M. KNISLEY verifies that the statements made in this Complaint are true and correct. KATHRYN M. KNISLEY understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~~~v - 5 - ~I.;J L...~ ji(1?"",\ -- , ~: _i :' -, _ _ L , - - KATHRYN KNISELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-1014 CIVIL TERM EARL KNISELY, JR., Defendant CIVIL ACTION - LAW IN DIVORCE ACCEP.'I'ANCE~SEIDlI..CE I, EARL KNISELY, JR., the Defendant in the above captioned action, hereby accept service of the Complaint in Divorce filed in the above captioned matter on February 21, 2001. Date: 2/?6/01 ~~~~~ EARL KNISELY, JR. r ~.~ . t DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 I-I, - --Y'" ....-i..d,...........i:h KATHRYN KNISELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1014 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v EARL KNISELY, JR., Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 21, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: II/;t/~I . ~,t:~ .':'~~';-4"."-~_~.illk~]}jj~lIlifltW~~\il.Iifil\ii~.~-fiifrl1lmllii'i'-l..<' "..",-,,"' .-".~ ~-Ili!l '-~I j ;, , ,<~ ~_~o ~ o ~ ut,,-:' nlr-;-', -,.,. ~.,--.',,' ze ~~) ";7........ pO C Z =< C) ~ is "'-'- ~ ~ t (~, F5 :Pc' -"<"'I ,r_-. f~rn ::=., -'" "'0 ~~ C[! CO (';0- " "'"-' I-I "",. '~i,,~, KATHRYN KNISELY, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1014 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE EARL KNISELY, JR., Defendant WATVRR OF NOTTrE OF TNTRNTTON TO RROlJEST ENTRY OF A DIVORrR DRrREE lmDRR SErTTON 3301 Ie) OF THE DIVORrR CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: //j.tl/"I If"~ DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (7171737-0100 *~j"'t' ""'~"';'~"E~h' ~jll-r_CHttlit--< -~~"~~11OO.U1!It!i~ ~'';1M1it .' 'e''''' '"J~, ~L,-,-"-".-5" . <o"'"'_~'_' o c Z' -0 to 92 ~y~ \1, pc~ ~ -j -~ ,--', ~. o C',:.::;: c':' "~ ~ ,,' , 'I '--,';::;J q: ~ ~ (;0 -i_~~ ~ "'::>' '," :.::2 . DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737-0100 """I, ~~ ,1--1 --, 0__",,_,;,:' ~~~i"~; ~.~ , KATHRYN KNISELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1014 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v EARL KNISELY, JR., Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 21, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 1/)2--/0 I , ~ ~~~c__ Iii" ~i!l~~~~~~!jll;,~-li-l>:1-$*,'1!;r,~lli~L1 --"';;"!II.u.,;~~;,~';'" ~..,'-,~," ~ I ~L., ,~ " ~"' ~ - --...''''''- , 0 C) t--=:J C -71 ::;'" 25 ,~ U ('.C fl'J 9J ..,;:::: " ::n z r-- Z ?~; n-l 0? C..,) ;-:-:1 -<. ~) ,-' CJ ~ ~ p f€ zO ~. >~) '=C' PC: tXl "", rTl :.-Z :~ t;:- J> =<' ~ .-J =< ,.., IiIIIIiIIIi. ;,~ ". 1.1 ,- '" ~. , : ~ ~- 'J-'-'-'-:'<:1 . ". KATHRYN KNISELY, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1014 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE EARL KNISELY, JR., Defendant WA TVRR OF NOTH~R OF TNTRNTION TO RROlJEST RNTRY OF A DTVORCR DRCRER lmmRR SRCTION 3301 Ic) OF THR DIVORCR CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to i unsworn falsification to authorities. Dated: II J/4CJI I c:L7~ EARL KNISEL, . DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 (717) 737.0100 " '~~ili~mE!i!llllti~lllfj~~_!~~,'@Ii\f&IIl!iilillli!i~~k"!"'-'" 0" ~-h-='~t1Jj.IIlI"~~-'"'~~';" . , :,,' l~ ,;,J-; , ,'~ ,- ,~" = -~,-- " t;;jM . ~Ji o c: ~' ._~ --';:>"1 U~,)~ l~ 2;:-":, ~8 r~ ~ of 4- < Q ~ D ,.;C - (.,) o -c-\ '2;, -- ~;.~ 'I -',';;J, ~- r. 95 ~-rn 9 "'" :9. q: ~ .-\ . -, ~~ I' . . L' '>.;~,'",__ '-'1 I KATHRYN KNISELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-1014 CIVIL TERM EARL KNISELY, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF 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 Section 3301 (c)of the Divorce Code. 2. Date A. B. and manner of service of the complaint. Date: February 26, 2001 Manner. Personal Acceptance of Service 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a. Plaintiff: November 12, 2001 b. Defendant. November 12, 2001 OR Date of execution of the Plaintiff's affidavit required by Sect.ion 3301{d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a. Date of execution: n/a b. Date of filing: n/a c. Date of service: n/a 4. Related claims pending. No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated September 5, 2001 which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. Date and manner of service of the Notice of Intention to file praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (I) (i) of the Divorce Code: a. Date of Service: n/a b. Manner of Service. n/a OR Date Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: a. Plaintiff's Waiver. November 13, 2001 b. Defendant's Waiver: November 13, 2001 ~ii&i~~~~J'.idii<-IlJ(;l>tjir,i~#&ililrj;~t;i!iltl(~~':lt";.;,.,_~li;i,?,~_,,ic"'''a,i;iM.-U;;1J.Y!>;11~:'-'^i- 0 ~ftjl""""'" "" lfl~""'-~'"~ I~,""' .._~ ,,. "~H~ ~~~," ~ , - ~ ,-, "~ ill . 0 (;::') C -;0--- .~ :::,. '5 -,", -v U.J nlcr "'~. , - ~~.. ,n'1 (.,J ) ~::;) -~~~ k:c.:"l :D'" '~;~~ -~-'" >C: -"'~ ~6 9? )..--"c:. .~ --:;; ~ r;::"' :r..:! ,0 ~- , -, I II , ,- ~ '" '"'-'-'i' ,. - , --Ii " ,~ .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . KATHRYN KNISELY, Plaintiff . . . . v. . NO. 01- 1041 . . EARL KNISELY, JR.,: CIVIL ACTION - LAW Defendant : DIVORCE MARITAL AGREEMENT BETWEEN EARL L. KNISLEY, JR. AND KATHRYN M. KNISLEY J - I I II ,. ,. , , TABLE OF CONTENTS INTRODUCTION, , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ SECTION I General Provisions...............""",............,.... 3 SECTION II Property Distribution Provisions.................. ....... 20 SECTION III Alimony, Spousal Support, Child Custody, Child Support, Health Insurance, Educational Expenses and Income Tax Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33 SECTION IV Closing Provisions and Execution..................... .... 38 NOTARY. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. 40 MARITAL DISTRIBUTION SHEET............................... 41 CUSTODY ORDER AND STIPULATION............................ 43 , ~ ", , '; K LJ . "~ ,.. .) INTRODUCTION THIS AGREEMENT made this _ day of 2001, by and between KATHRYN M. KNISLEY ("Wife") of 6605 Salem Park Circle, Mechanicsburg, PA 17050 and EARL L. KNISLEY, JR. ("Husband") of 999 Oak Lane, Apt. E, New Cumberland, PA 17070. WIT N ESE T H . . WHEREAS, the parties hereto are husband and wife, having been married on April 17, 1999 in Mechanicsburg, Pennsylvania and separated on July 22, 2000. WHEREAS, There were one (1) child born of this marriage: Jacob Alexander Knisley, born December 31, 1998 (the "Child"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between - 1 - II 'Iii,' ... . them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW I THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: THIS SPACE INTENTIONALLY LEFT BLANK - 2 - 1.1 'l'li " . SECTION I G~NERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1. 02. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 1.03. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution - 3 - _. II L ,~ "'~''''', '. .. of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 1.04. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 1.06. NON-MERGER This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 1.07. DATE OF EXECUTION The "date of execution", "execution date" or "date of this - 4 - .-""-~ II ~' to ,. " Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.08. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.09. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT The parties acknowledge that each party has been advised of his or her right to be advised by an attorney of his or her own choosing prior to entering into this Agreement and both have had the opportunity to have the provisions of this Agreement and their legal effect have been fully explained to each of them. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge - 5 - " -- , II ..:.d2<'.&:h' . ~ " that each of them has entered into this Agreement with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. 1.10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. The parties further acknowledge that the financial disclosure has included the disclosure of the marital assets and debts set forth on the "Marital Distribution Sheet and Settlement", attached hereto, marked Exhibit "A" and made a part hereof, and that it is the parties' intent to distribute those assets and debts in accordance with the distribution set forth therein. 1.11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of 'separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. - 6 - -. II -", ";',- .. ," The parties further acknowledge that he or she has the right to obtain from the other party an Income and Expenses Statement which statement must set forth that party's income and monthly expenses and is to have attached thereto copies of that party's last income tax return and pay stubs for the last six months. In general, the parties understand that they are entitled to a full and fair disclosure of the income, assets and debts of the other party, whether acquired during the marriage or otherwise before entering into this Agreement. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement, Both parties understand that a court decision concerning the parties I respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Gi ven said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Tnventory: The right to obtain an inventory of all marital - 7 - ,""""'""" " '" J I "....--', . .' and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. c. D;Rc;ovpry: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. - 8 - '-- 1,1 " :.;tc t' 1.12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties I marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 1.13. SOCIAL SECURITY BENEFITS The parties agree that, subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 1.14. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may - 9 - L 1..1 '<-.' , ,:i .. reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 1.15. MUTUAL RELEASES Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: a. Claims Against Property or Estate: Any and all right, title, interest and/ or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. - 10 - I-I ~ "' . b. Dowf'r, C.llrtSf'Y. widows Rights: Any and all rights and claims of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; c. T,i ff' Time C.OnVf'Yi3nCes: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; d. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. e. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which - 11 - - ....... I LeI. . . the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.16. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.17. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.18. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.19. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and - 12 - ,-' J I I ~- negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.20. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement. 1.21. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 1.22. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party - 13 - ,_I IJ~ ~~ . and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Sp~r.ific Performanr.~: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorr.~ Cod~ Rem~di~s: The right to all remedies set forth in Section 3502 (el of the Pennsylvania Divorce Code, 23 PA, C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other R~m~dies: Any other remedies provided for in law or in equity. 1.23. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws - 14 - , ~ ,I. I-I ~-c" . " of the Commonwealth of Pennsylvania. 1.24. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 1.25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 1. 26. INCOME TAX MATTERS with respect to income tax matters regarding the parties the following shall apply: a. Pr; or Rp.tllrns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is - 15 - - IJ ~ -, *;,1 proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. b. Current Retllrns: The parties shall file individual and separate Federal and State Income tax returns for the calendar year 2001 and hereafter. 1.27. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.28. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. - 16 - ;;, 1,1 ~""'li/'-~~ ,~ 1.29. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation, This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. THIS SPACE INTENTIONALLY LEFT BLANK - 17 - I-I SECTION II EROPERTY DISTRIBUTION PROVISIONS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since July 22, 2000, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest - 18 - ,I, II .>1 .~, and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. WAIVER OF INHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. PERSONAL PROPERTY With respect to the tangible personal property of the parties including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the parties agree as follows: a. Division: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of wife. b, Waiver: The parties do hereby specifically waive, release, - 19 - "I ,-" li,1 - , ~""-~~,~.jj:je, .' renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 2.05. VEHICLES. BOATS AND THE LIKE With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, identified and valued on Exhibit "A", incorporated by reference hereto, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: a. Wifp.'s Vehicles: 1992 Geo Prism and the Chevrolet Cavalier (acquired by trade in of marital 1992 Geo Prism) shall be the sole and separate property of Wife. b. Husband's Vehiclp.s: Any vehicle currently in Husband's sole name or titled in Husband's name jointly with any third party shall be the sole and separate property of Husband. c. Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. d. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this - 20 - . L ., -, ,LJ Agreement and said executed titles shall be delivered to the proper party on the distribution date. e. Tit.le and Power of At.t.orney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. f. IIi pns: In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. g. waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 2.06. REAL ESTATE The parties have no interest in any real estate, nor had any during their marital relationship, and therefore no provision is made in this agreement for any marital real estate. Wife is the owner of a certain tract of improved real estate known and numbered as 6605 Salem Park Circle, Mechanicsburg, PA - 21 - 1'-1. Mll:,'1 17050, which she acquired after the date of separation. Husband hereby waives, releases and renounces any right, title, interest and claim he may have in and to that real estate and acknowledges that he has heretofore signed a waiver of any interest and claim in and to that real estate, which waiver is incorporated by reference and made a part of this Agreement the same as if the terms thereof were set forth herein at length. 2.07. RETIREMENT AND PENSION PLANS Neither Husband nor Wife has any interest in any retirement plan, whether through employment or established as an individual retirement account. If any such retirement plans exist, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, acquired after the date of separation, whether acquired through said party's employment or otherwise, ("the Retirement Plans") Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried, Any interest that either party may have, or may heretofore - 22 - " IJ ,,--, have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 2.08. BANK ACCOUNTS/STOCK/LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, identified and valued on Exhibit "A", incorporated by reference hereto, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce - 23 - -- I. on ^ I,J" '-" i' " '~ J_ and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. Any interest that either party may have in, or may heretofore have had in or as the result of the existence of any Accounts by virtue of being a beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold such insurance free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. 2.09. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non- taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. 2.10. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be - 24 - ,,1.1 ~ -, ';;C,' responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 2.11. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties I marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 2.12. MARI'l'AL DEBT During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, identified and valued on Exhibit "A", incorporated by reference hereto ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: - 25 - '-, I J::_:I ,<,- ' , ......K" a. Wjfe's Debts: wife shall be solely responsible for the following bills and debts: 1. The debts and credit card accounts identified and valued under the column marked ~wifen on Exhibit ~An attached hereto and made a part hereof including: Waypoint (Harris) Debt ($13,000.00) Wife's Sally Mae Pre-marital ($17,000.00) Student Loan Joint Sears ($2,000.00) JC Penney ($400.00) Bon Ton ($700.00) TOTAL ($33,100.00) 2. Any vehicle loan for Wife's Vehicles as required and set forth herein, 3, Any and all taxes resulting from her withdrawal of funds from her Retirement Plans set forth herein; 4. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. b. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. The debts and credit card accounts identified and valued under the column marked ~Husbandn on Exhibit "An attached hereto and made a part hereof including: - 26 - ~-- I, ,~ 1:1 -'de providian ($900.00) Capital 1 ($250.00) Capital 1 Citi Financial ($3,400.00) TOTALS ($4,550.00) 2. Any vehicle loan for Husband's Vehicles as required and set forth herein. 3. Any and all taxes resulting from his withdrawal of funds from his Retirement Plans set forth herein; 4. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name and not otherwise provided for herein. c. Tnop.mnifir.ation: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. d. C-anr.p.llation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. e. Non-Disr.losp.o T,iabj]jty: Any liability not disclosed in this Agreement ~hall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party - 27 - "~.~" I , ,I J - ", incurring or having incurred said debt shall pay it as it becomes due and payable. f . No F'llyther ,To; nt Debt: From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Refin~nce: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty days of the date of this Agreement so as to release the other party from any and all liability thereunder. 2.13. INDEMNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification, THE SPACE INTENTIONALLY LEFT BLANK - 28 - ,,-~" - ,I ~-L ,] - , " " -,- ',~: . "-, SECTION III COUNSEL FEES, ALIMONY, SPOUSAL SUPPORT, CHILD CUSTODY AND CHILD SUPPORT 3 .01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY AND SUPPORT With respect to alimony, alimony pendente lite, and spousal support, the parties agree as follows: a. Alimony: Husband shall pay Wife alimony in accordance with the following terms and conditions: 1. Peri odi" Monthly Payment Amount: The periodic monthly payment amount shall be $150.00 per month. 2. Term: The term of payment is 90 months. 3. Commenr.ement Date: The alimony payments shall begin on the June 10, 2001. 4. Termination Date: The last alimony payment shall be made on November 10, 2008. 5. Date of Payment: The alimony payments shall be made on or before the loth day of each month. 6. F.arlier Termination: The alimony shall terminate earlier - 29 - 1 ~- - L -I ,_C' than the term herein provided upon and in the event of the death of Husband. 7. No Tax Con8~qllenc~8: Despite the fact that the parties have agreed that this is an alimony payment, the parties acknowledged that they have fashioned the alimony amount in such a fashion as to delete therefrom any tax consequences or benefits to either party. Therefore, the alimony shall not be reported by Wife as income on her applicable income tax returns nor shall it be deductible by Husband on his applicable income tax returns. For all other purposes, however, excluding only income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. s. No Child Support Con8~qll~nc~8: The parties further acknowledge and agree that the alimony shall not be considered as income to wife nor subtracted as income from Husband for purposes of determining the amount of child support due to be paid or received for the parties' child, as such consideration would defeat the purpose for which this alimony is intended. 9. No Court Mooification: The alimony provisions set forth - 30 - .. II. - ~ -~ ~: in this Paragraph shall not be subject to modification by the court or the parties absent mutual written agreement. 10. Payment: Husband shall pay the aforesaid alimony to and through Domestic Relations Office of Cumberland County, PA, pursuant to a court order to be entered for that payment and Husband's wages shall be attached to guaranty that payment. Pending that wage attachment, Husband shall make the payments directly to Wife, who shall provide Domestic Relations with a written statement of all payments made by Husband directly to her so that he may receive appropriate credit against the alimony order. 3.03. CUSTODY With respect to the legal and physical custody, the parties agree that concurrently with the execution of this Agreement they will sign the Custody Stipulation attached hereto, marked Exhibit "B" and made a part hereof. Upon the signing, the Stipulation shall be delivered to Wife who shall secure the entry of the Court Order attached thereto. Thereafter custody shall be governed by the terms of that Order, as may be amended hereafter by agreement of the parties or further order of the court, 3.03. HEALTH INSURANCE The following shall apply regarding health insurance on the parties and their child: - 31 - -. , ,~ 1...1._'- , ^" ~. '~o'; . a. HE'>alth InsurancE'> for SpOUSE'>: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the divorce decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs therefor. b. HE'>alth Insurance for C-hild: Any party carrying health insurance on the child as the result of any order entered through Domestic Relations shall provide such insurance coverage for the child as determined by Domestic Relations. c. Health Insurance Documentation: Any party having the insurance coverage on the child or the other party shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 3.04. CHILD SUPPORT The parties acknowledge that an order has been entered for child support in the child support action docketed to Cumberland - 32 - .- , '"'-~" I,J " County Domestic Relations Section Number 693-S-2000, Pacses Number 522102526. All matters regarding child support shall be governed in orders entered in that support action and not by this Agreement. THIS SPACE INTENTIONALLY LEFT BLANK - 33 - -II - - ~- .- "~, SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01: COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02: FACSIMILE SIGNATURE: Each party agrees to accept and be bound by facsimile signatures hereto. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this - 34 - I , ~ 1 " - 1',1, Agreement in various counterparts, each of which shall constitute an original. WITNESS: ~I'EAL) ~~YN M. KNI Date: ?1/0Jm/ ~e EARL L. KNISLE}, JR. - Date: II/; Z-!..El (SEAL) - 35 - . . I--J " ~.:- J, T COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the 21 sr day of AU'u~r , 2001, before me the undersigned officer, personally appeared, KATHRYN M. KNISLEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that KATHRYN M. KNISLEY executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~~.~ NOTARY PUBLIC My Commission Expires: Notarial Seal Ii Deborah L. {)or,iey, Notary PUbli~. Camp dill 50ra, Cumberl;;~nc: County My Corr\!Tll3s1on E;~pires Sept. ~~3, 2QD3 Member, pen~'ASSOciatioil of Notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the /:J'f1<. day of .u014n-t ~ ,2001, before me the undersigned officer, personally appeared, EARL L. KNISLEY, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that EARL L. KNISLEY, JR. executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~ of a:l~rw/L'" NOTARY PUBLIC I ' My Commission Expires: .~., Notarial Seal -- Deborah L. Dc:.nlpy, Notary Public . Camp Hill 80m, Cumberland County ~y CommissIon Expires Sept. 2.3, 2003 Member, Pennsylvania Association of Notaries - 36 - ~', : L..I ,,,,-,,,', - ... ... KNISLEY V KNISLEY Marital Distribution Sheet and Settlement PREPARED: May 29, 2001 1. The parties will agree to the entry of a no-fault divorce decree to be entered in the divorce action filed by Kathryn. 90 days from the date of the filing and service of the divorce Complaint, each party will sign the required Affidavit of consent and Waiver of Notice form to enable that decree to be entered. 2. The parties assets and debts will be divided in accordance with the following schedule: DESCRIPTION VALUE DISTRIBUTION DISTRIBUTION TO HUSBAND TO WIFE Chevy Cavalier (used trade x in of marital 1992 Geo Prism) Any Accounts Currently in Distribute Wife's Name to Wife Any Checking and Savings Distribute Accounts Currently in to Husband Husband's Name Waypoint (Harris) Debt ($13,000.00) ($13,000.00) Wife's Sally Mae Pre-marital Pre-marital To be paid Student Loan by wife Joint Sears ($2,000.00) ($2,000.00) JC Penney ($400.00) ($400.00) Bon Ton ($700.00) ($700.00) Providian ($900.00) ($900.00) Capital 1 ($250.00) ($250.00 ) Capital 1 ($3,400.00) ($3,400.00) TOTALS ($20,650.00) ($4,550.00) ($16,100.00) 3. Husband to pay Wife alimony at the rate of $150.00 per month EXHIBIT "A" MARITAL DISTRIBUTION SHEET - 37 - c I " 1,1 ~ , ~" , - .,p' ~ for ninety (90) months. This alimony is to be non-modifiable and shall only terminate earlier in the event of the death of Husband. While this payment is to be alimony, it is not to have any tax consequences to wife nor husband. In other words it will not be treated as taxable income to wife nor tax deductible by Husband. 4. All other divorce claims are to be waived. 5. Child support will continue to be determined by Cumberland County Domestic Relations. 6. Custody will be governed by the Stipulation and Order to be entered in Cumberland County. EXHIBIT "A" MARITAL DISTRIBUTION SHEET - 38 - _.ln~"jHlllf~#.!Il~.\j~Jilj~WWIDiif~;~'il:H!l-"-8:r~'''f!'1WJml;;:;Xdl'!'>~tiIlif_~''''';'' ~" -'l[ jrV - J,,,,_I ,I r., J ~;~'~U b:.:: "--- \~ ,~;-=- ;-", ,Y' , o C:. :.:~. ~ ~ ' ...-'..... C> ~ c; r"" m !:'" -::1 I I I I i I ,I :1 'I II 'I ~ I I rl ---;1 1 " (") n :.:~ -, , , ~ ,-,-, , .,~,,~'_i, ,e"_ ~, - -, ~ ;,,~" SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1() (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE November 12, 2001 DOCKET NUMBER 01-1014 Civil Term PLAINTIFF'S NAME Kathryn Knisely PLAINTIFF'S SS # 202-58-1444 DEFENDANT'S NAME Earl Knisely, Jr. DEFENDANT'S SS# 199-54-7379 , ,,,- MIil~~~~!l.%fb.!I:.ili~~!iI.dt~';\lj!J>iIIl<.~_'W,,lJl~_~0b;E',~""'lti,i;l;,,,'I1,,-"':l'llfj;;,0l\~~IliiiltD1llilltdlclW1_l"~~ ~- "'-u , ,"~- ~," -. ~-"~ '"' ,","", , ", ~, - > ~, I_'__''"'"_~~_'''' ~11'1"" "~ ,", ", o ,; --of:; rn(: ~(:,~, (j~",---,- -4...i._ i.2.c.; -,..~ "+. 2:>J) PC :2, :::( (;:::;' .~-- ~ "',>,~ C~ 0] "::::. ~'~- ::;c: '!? r:- \1J - ~i " T" . . "" ~ 'I ",-:-J -:",::-"J ~, ;j? ':5:J; -'- ~ tr ,~-~ I~ I ,->;,- ^ '':W: '" - ORDERlNOTIC~ T9 WITHHOLD INCOME FOR SUPPORT tXJ, (p 13 S d2{1J07J State Commonwealth of Pennsvlvania ;JII(I<;:;) !5;;fC'-/C7-5"dfa o Original Order/Notice Co.lCity/Dist. of CUMBERLAND )),e d-f(7 d-7 ,,/, /l .. @ Amended Order/Notice Date of Order/Notice 03/04/02 cdl, C)tOI-lfY<! L / tII~ Terminate Order/Notice Court/Case Number (See Addendum for case summary) jJ )f(!<;f S tQO,? I OC; d:7 {p QA ~ IV)] ) RE: KNISELY, EARL L. JR EmployerMiithholder's Federal E1N Number ) EmployeeJObligor's Name (last, First, MI) DANTES RESTAURANT INC ) 199-54-7379 EmployerM'ithholder's Name ) Employee/Obligor's Social Security Number 936 E COLLEGE AVE ) 6414100590 EmployerlWithholder's Address ) Employee/Obligor's Case Identifier STATE COLLEGE PA 168 0 1- 6 8 0 3 ) (See Addendum for plaintiff names assodated with cases on attachment) ) Custodial Parent's Name (Last, First, MI) ) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an OrderlNotice 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 OrderlNotice is not issued by your State. $ 504.00 per month in current support $ 36. 00 per month in past-due support Arrears 12 weeks or greater? @yes 0 no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 540.00 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: $ 124.62 per weekly pay period. $ 249.23 per biweekly pay period (every two weeks). $ 270.00 per semimonthly pay period (twice a month). $ 540.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding, Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sl obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2), If remitting by EFTIEDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-B77-676-9580 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 THE COURT. ~ ::JV 0- C: Form EN-028 Worker ID 21205 Date of Order: l'\~R 4 2002 Service Type M ~MBN00970'O 4 'I) - 7- OJ.. Ex.pll'atIOn Date 12f31(OQ I' .. . ~ v '. -~*: ... ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee, 1. Priority: Withholding under this OrderlNotice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting agency listed below, 2, Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding, You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.' Repo,til.g tI,e PA,datefDale clWitl,/'oldil.g, ','0" n,u,t lepolt t/'~ p.,dateldate 6f ..itl,l,old;l,g ..1,(1. ,e"d;"g ll,e ".,o,CI.t TI"" paydateldate of ..ithl,oldil,g i, tl,( d.le 01. ..I,;d, al"","I.I..., ..itl,l,eld 1101" the en,plo,e,'s ,,'ge'. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4,' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support OrderlNotices due to Federal or State withholding limits, you must follow the law olthe 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, Tennination 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 OrderlNotice to the Agency identified below, WITHHOLDER'S ID: 2512469430 EMPLOYEE'S/OBLlGOR'S NAME: KNISELY, EARL L. JR EMPLOYEE'S CASE IDENTIFIER: 6414100590 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 OrderlNotice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State In which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law olthe State in which he or she is employed governs, 9,' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U's,C ~1673 (b)l; 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, 10. 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet @ Page 2 of 2 Form EN-0l8 Worker ID 21205 Service Type M OMB No.: 0970-0154 Expiration Date: 12/31/00 ... ~ I' ,:.. :"J,,: ADDENDUM Summary of Cases on Attachment Defendant/Obligor. KNISELY, EARL L. JR PACSES Case Number 522102526/0<.00?4 PACSES Case Number 609104276/Jlf/7 C; Plaintiff Name Plaintiff Name I KATHRYN M. KNISELY KATHRYN M. KNISELY Docket Attachment Amount Docket Attachment Amount 00693 S 2000 $ 390.00 01-1014 CIVIL$ 150.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB 211;~~~~~:;;;~~~~;;~;~~~i;:;;;;:~;;il;~:~~il~i;~~;................. identified above in any health insurance coverage available through the employee's/obligor's employment PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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 Service Type M "':;....,.....:...::.:'::.'":"""",,,,,."':' ,':', ":'"".':,.,'".::'.:,.'.::.'.::.:.,.','::":::,::.,':,'.':.':':':.,,:...':,.,'.,.,,::.,::.":.,':"'.:.".:..,':.'."."."...." .D;/~~;;.;~::;~~..~;~.;~~~i:;~~~;~II;~;~~;I~;;~~;.............. .. identified above in any health insurance coverage available through the employee'sfobligor's employment PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB .iSli~~~~~:,~~~;;~;;~~i;~~;~~~;~il:~~.~~:I~i;:~;/...../................. identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID 21205 OMS No.: 097Q-0154 'Expiration Date: 12/31/00 _Wl~fi.ii>l~i;;i.a,;jilliill!fuiji:<;;i,;;ll'-''''~'';lit'''W<i""'!-~ilil''('hhI''i''''_d''",,H"'''''','O";",;,$".,,,,,~'.,,,_ ""~''''S;>~'~~iW..\"""",",\>JlilI~ili!,""''''-''''","~"L~'''''''~~~,-.J,,~~iilRIIg:ll. ..... (") 0 1,:-:) C ~0 s: 'Tl "'nO' -"'",, -.~ 52gj :i:~-'IO ':xJ -7CC I (;J --,'"' -<:c: OJ '-"'"'' , ...--\.... ;:t".JT.> -- -..> ,-. -,- ?=O )> , "P. c z => ):,; =< <n :D -c """-" n ~ .. ~" '.~4 '"' " -,,- -" ,--~ ---,,, ,I 'T ,- ~ EmployerMlithholder's federal EIN Number GULLIFTYS CORP HEAD EmployerM/ithhofder's Name ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT j)il t.~t?3 ";;;-S~ 5L&.c.,"6 State Commonwealth of Pennsylvania I+9C::;f.S' ,5,;(.7 l(j). 5~ 0 Odg;nal O,de,/Notlce Co.!City/Dist. of ~ERLAND 6/C ~_?#c; ,;yt Af"":~~i1E~i!~2?'~'O Amended Orde,/Notice DateofOrder/Notlce 05/14/02 "". ~ i_"A~,';',;,d'LC",::f~"C'J'O Te,minateOrder/Notice Court/Case Number (See Addendum for case summary) !?'k!.c;fS c;,c/f /O!/2r 7b !Jj[ ,-::J;C! '79 )RE'KNISELY, EARL L. JR ) Employee/Obligor's Name (Last, First, MI) ) 199-54-7379 ) Employee/Obligor's Sodal Security Number ) 6414100590 ) Employee/Obligor's Case Identifier ) (See Addendum for plaintiff names assodated with cases on attachment) ) Custodial Parent's Name (Last, First, MI) } l 138 MOSES THOMPSON LN EmployerMlithhclder's Address STATE COLLEGE PA "680"-6840 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. $ 504.00 per month in current support $ 36.00 per month in past-due support Arrears 12 weeks or greater? 0 yes 0 no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 540 .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: $ 124.&2. per weekly pay period. $ 249.23 per biweekly pay period (every two weeks). $ 270.00 per semimonthly pay period (twice a month). $ 540.00 per monthly pay period, REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring te;' (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sl obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS 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 MAll. Fd\~: BY THE COURT: I if <J /::1 J [.,/n _ ~. /"'l /. ," '--7/-" (....-'/-(_.' ,_ ,__J, ;<.4fe;a::.;/ ?U'0!-.J7/C / .:JL../)t",G ~'~',{:T g~ ~~~,~-,~~;,.~i ( I ""F:orm EN-028 ",.;.v~.~:'4 ,..~~; ,~,'"nl"'~~BNo.~0970.Q154 V Worker ID $IATT ~_---5. -/ "/), "':~'ration Dale: 12/31100 '-=''''''''J.o Date of Order: ': s Service Type M ~iiiil:W:iI....~~wM''''ii;>T(_'';',~ol """"-'"0;" ";,,,'_',_,I:c,.'-, 'L"",,"",bk,"', '0_",""'" ^:"l_''''N~''''',1!ii~ll!;~j;''''ii'_'l,1\i"''Ie<"""-~",L"",.:;lc=,>__,,,'''''b',","."lI<.1if._;_1'i__.!''''_'- ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If ,hecked you are required to provide a copy of this form to your employee, 1. Priority: Withholding under this OrderlNotice 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 employeelobligor'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 employe00bligor. 3. -* Repo,!;"g t~,e Paydiloc/Datc bf Y/W,J,old;ug. You luU.5t JepOlt tLf pa}datefdatc of vvitLlloldillg vvllel, 5elldillg ~I.e pay I M.:I ,t. Tl.e pa,d.te'date of ..itl,l,oldil1g ;, 1J" date Oil ..I,iel, o",OUI ,t ..as ..itl ,J,dd f'61" t1,. <",pIB,."', ..age" You must comply with the law ofthe state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4, * Employee/Obligor with Multiple Support Holdings: If there is more than one OrderlNotice to Withhold Income for Support against this employee/obligor and you are unable to honor all support OrderlNotices 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) S, Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you, Please provide the information requested and return a copy of this OrderlNotice to the Agency identified below, WITHHOLDER'S ID: 2388000107 EMPLOYEE'S/OBLlGOR'S NAME: KNISELY. EARL L. JR EMPLOYEE'S CASE IDENTIFIER: 6414100590 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 OrderlNotice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs, 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1S U.s,c. 91673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor'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. 10. * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items, Requesti ng Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLlSL E PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (71 7) 240-6225 or by FAX at (717) 240-6248 or by Internet @ Page 2 of 2 Form E N-028 Worker ID $IATT Servi ce Type M OMS No,: 0970.01 S4 Expiration Date: 12/31/00 - .~ ". ~ '" ^ - " ,~ -' , ~- ~, -~ '" -., ,_.~ .._..0 ~ ~" ! ... "'1..:'1.. ." ,. ',~. -............-&,'6,. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KNISELY, EARL L, .1R. PACSES Case Number 522102526;:<cr'lJS! Plaintiff Name KATHRYN M. KNISELY Docket Attachment Amount 006938 2000 $ 390. DO Child(ren)'s Name(s): DOB you are required to enroll the child(ren} in any health insurance coverage -available employee's/obligor's employment PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB II checked, you are required to enroll the child(ren) in any health insurance coverage available employee'slobligor's employment Addendum Service Type M OMB No.: 0970--0154 Expiration Date: ;2/31/00 PACSES Case Number 609104276/3 /t/7 '} Plaintiff Name ( . KATHRYN M. KNISELY Docket Attachment Amount 01=1Oi4 CIVIL $ 150.00 Child(ren)'s Name(s): DOB ............-',-'-,'....'-:-".-'::':-:-::-:;',...:.--:....,'-:,.,'-;',-<-:-:':,;-:':-"'.":'-;'--':-:-:--"':'.'-:-...:':-:.:-:""'.:-:-::.::'::.;::::':':--:-::.:':-'-:'..'.":,--':.'-":'...:':-:':-:-:':-;':',----,' .''''--',.-'..'''-,----....,- ,-,-,-,-,-'.'''''''''''",,-,'',-,'--''''.''''''.'' ',',-,,,-,-.--,- -,-, '" ...-',_.,'''.'".'.."-,,-,-.,............,,._,-,,-,-,,-,--'-'-'-'--',"-'-,--,.',.."-,-,-,.',--',-'-.'--,'-'----'-',._-..".,...,',-..,-.."-,-",, .............- --""."..........-.."'"....,...,'..........-",,,,,,,,,,,..,,"..............."--.".".., [] II~h~ck~d,. y~~~;~ ;~q~i redt()~~;()i I' the ~hild(r~n)'. identified above in any healih insurance coverage available through theemployee's/obligor's employment PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child!ren)'s Name(s): DOB you are required to enroll the child!ren) in any health insurance coverage available employee's/obligor's employment PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB II you are required to enroll the child!ren) in any health insurance coverage available employee's/obligor's employment Form EN-028 Worker ID $IATT _~~J.<iffi;;~.0<i'_,.F,-'_,"""'\:t~ill""l.i"""d,:",,~""'''ili,,", -~^"'"" " .~ _ '",doc, _,:'f":'''"'''--''''-'ti'''iliI'''',\U''''-'.ti.llii!~li!2liiru~;a~~~i!!lOl>d_1i'.I_!lll~Iiili.I!''jj''''.J. ,~. = v_ > ,,_"'/,_~., - _'"'c '. \ 0 Cl 0 C rV " s: ::l: ~-I "1JCi,l ),."'P -r nlrn -< r-i,l1 Z:::tl ~Crn ZC~ 1'.) (j) ~::,: C) ~:,~y -C. "-~~) C;C ~C~ '.'0 :--,:~-! Zc'" :J;: ~~? C; j:: c= z;- [-:; rn 2'': --I )> =2 (]1 :D -< ~~ -"".~_."~, ,--< LJ "- ~',~ ,"" I~'" , ~" ~__ .h "",,~ - -~ ~ OIWER/NOTl~t.TO WITl;!l!'pLD INCOME fOR SUPPORT \~:)y,if!Jfi:!ElXi7J[~~!4t!f:Z;(i3;iFr State Commonwealth of Pennsvlvania /:JJ/C,,>E5 t/09/0'l ;17& Co./City/Dist. of CUMBERLAND j)lc 311/7'7 Date of Order/Notice 05/15/02 '!)k/. tP96 g d-O?:JV Court/Case Number (See Addendum for case summary) !JfCS:f-); 57-':>'/ tJ ;;J-5 ~ t>t?. -R9P? ) RE, KNISELY, EARL L. JR ) Employee/Obligor's Name (Last, First, MI) ) 199-54-7379 ) Employee/Obligor's Social Security Number ) 6414100590 ) EmployeeJObligor's Case Identifier ) (See Addendum for plaintiff names associated with cases on atfacchment) ) Custodial Parent's Name (Last, First, MI) ) o <?riginal Order/Notice o Amended Order/Notice @ Terminate Order/Notice Employer/VVithholder's Federal EIN Number FIRST NATIONAL BANK EmployerNVithhoJder's Name 6704 CURTIS CT EmployerNVithholder's Address GLEN BURNIE MD 2l060-6406 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORM A TION: 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 issoed by YOllr State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? 0 yes <29 no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ 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: $ 0.00 per weekly pay period. $ 0 . 00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 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 paydateldate of withholding, You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed SS% of the employee'51 obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following' information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer CustomerSelvice 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, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: '-7 JV 2J u,c: Form EN-028 Worker [0' $IATT Date of Order: Vv1 'l I c. J ') 00 '- Service Type M .:::T. ,- m o/7'l iLi'D l>;;';',,;!, ~~.' !~. L"j~:g~~'!I.Jii", 'OMB No.: 0976-0154 6" "";)0- 0). Expiration Dale: 12/31100 M~~&.l.~t\lli.k1!IIMMJ~~i"""'.' -;';f"~",t-,<!-,,,j''''''''W~''''!'''-",l'_j;j''fiHi'''':~':-0--t> ","i,~;;,,' ,"H~",'i-,"'~""'-"',"""-',"-l.!L,"""-",""~lI!,;Wj!1l!1lmm~~..!iIl!~,,,,",~,,,j.""~i""'j;,'I'*!I'.h!J,<J,1lf.?~,...1!Jl~"'JHJ&,6ii" > ~~~,.""'~ llMIli!ltiU";.lI~- - _Illi:_ ? ~-- \-l'N" '^'1 ,1 ,ti\ J8INN:'d U"""- ~ -, I '1\11 JI J') (l\ "-P1\ 1:Jr".~'qll ., ~ '.' '-' ,,' il,--:,::~j;!~f Iv "/ ," .., :, "1 !rtd DC A\Il1! 20 AH\iI n1,\>_,' , , " ~-'-~~;' '. '(-;::-;\::-'3. ~j,~ ',- :10 :1cI1::J:,lj"(J::ill:! ~" .. ~" ~'" ~, , ".. ~ .- , I J ~ I-'~-"-::-, ~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If checked you are required to provide a copy of this form to your employee, 1, Priority: Withholding under this OrderlNotice 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, l!there are Federal tax levies in effect please contact the requesting agency listed below. ' 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor, 3,' R.pOltilog t1,e PAy date/Dale ofW;thl.oldilog. YoL ",ust l~pOlt t1,e p.ydllle!date of ..itl ,I ,0Id;"5 ..I ,ell SOl ,dilog t1,e pAy",.nt TI,e pay date/dale of ..;U,I,oldi"g i.ll,e d.te 010 ..Idel, A",c,u"l..a. ..itl,l,eld flom tl,e elo,ploy~e" ..age;, You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments, 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one OrderfNotice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment You must honor all Orders/Noticesto the greatest extent possible,(See #9 below) 5, Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S ID: 5203128400 EMPLOYEE'S/OBLlGOR'S NAME: KNISELY, EARL L. JR EMPLOYEE'S CASE IDENTIFIER: 6414100590 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 OrderlNotice 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, inwhich case the lawaf the State in which he or she is employed governs. 8. Anti-discrimination: You are subjectto a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs, 9,' Withholding Limits: You may not withhold more than the lesser Of: 1 ) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.C 91673 (b)l; or 2) the amounts allowed by the State of the employee'slobligor'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, 10, 'NOTE: If you or your agent are served with a copy of this order in the state that isslled the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by ,I nternet @ Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 Expiration Date: 12131/00