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HomeMy WebLinkAbout01-05744IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNT?, PENNSYLVANIA JOSEPH W. BRUGGER Plaintiff VS. KATHY D BRUGGER NO. 01-5744 Y8 MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (Defendant), moves theco_urt to appoint a master with respect to the following claims: (K ) Divorce ( g) Distribution of ProHArty ( ) Annulment ( ) support = (X) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, REBECCA R. HUGHES ,Esquire). (3) The staturory ground(s) for divorce (is) (are) 3301(c) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: ALL ONT. DIST RIBUTION OF PROPERTY (5) The action (fig) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 () (days). (7) Additional information, if any. relevant to the motion: / Date: 6/28/02 ,L l/iC}F'Gl'l? Attorney for ( ) (Defendant) ORDER APPOINTING MASTER AND NOW ,19_, Esquire, is appointed master with respect to the following claims: By the Court: J JOSEPH W. BRUGGER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 01-5744 CIVIL TERM KATHY D. BRUGGER, Defendant IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. X (b) I oppose the entry of a divorce decree because (check (i), (ii) or both): X (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievable broken. 2. Check either (a) or (b): (a)I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is grated. X (b)I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims I verify that the statements made in this counteraffidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. Date: /0-/'9-0/ KAT D. BRUGGER\J c? Cr huCO ? ?i 9 JOSEPH W. BRUGGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: OI - S711q etc??? - KATHY D. BRUGGER, Defendant IN DIVORCE NOTICE TO DEPEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 JOSEPH W. BRUGGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER Dl - qy 1 Ev KATHY D. BRUGGER, Defendant IN DIVORCE COMPLAINT UNDER §33011d) OF THE DIVORCE CODE 1. Plaintiff is JOSEPH W. BRUGGER, who currently resides at 5070 Bass Lake Drive, Apartment T-3, Harrisburg, County of Dauphin, Pennsylvania, March 18, 1999. 2. Defendant is KATHY D. BRUGGER, who currently resides at 1318 Concord Road, Mechanicsburg, County of Cumberland, Pennsylvania, since 1976. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on June 6, 1970, in Mechanicsburg, County of Cumberland, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Neither party is a member of the Armed Forces of the United States of America or any of its allies. 9. Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: a ??4 4AJ dx?? SEPH W. BRUGGER, (PLAINTIFF 6/--?- . CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF JOSEPH W. BRUGGER, Plaintiff VS. KATHY D. BRUGGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §3301(dl OF THE DIVORCE CODE 1. The parties to this action separated on March 18, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit 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. SEP W. BRUGGER AINTIFF Date: JOSEPH W.BRUGGER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: KATHY D. BRUGGER, Defendant IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE I, Plaintiff herein, do hereby depose and say that I am advised and believe that the above named Defendant is not presently in the active military service of the United States of America and I aver that the Defendant is not a member of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and is not an officer of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor is Defendant engaged in any military or Navy units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service; nor has Defendant, to the best of my knowledge, enlisted in the military service covered by this act. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. 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. a 6i DAT ?LA W.BRUGGE IFF n c Q ? e f c G C? IN) CZ) - R, 6.FCUyRF k+'K LF° +^:'tR°' _ ???,%dli'ERRa€R5u??1W?f''E9R4?'I&PRAPiVFNV[?.'.?1I0 F? IN THE COURT OF COMtfON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH W. BRUGGER Plaintiff VS. KATHY D. BRUGGER NO. 01-5744 %1 MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: (X ) Divorce ( K) Distribution of Property ( ) Annulment ( ) Support (K ) Alimony ( ) Counsel Fees ( ) Alimony Pendants Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, REBECCA R. HUGHES ,Esquire). (3) The staturory ground(s) for divorce (is) (are) 3301(c) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: ALIMONY. DISTRIBUTION OF PROPERTY (5) The action ( ) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 Cam) (days). (7) Additional information, if any. relevant to the motion: 1 Date: ....6/28/02 Attorney (Defendant) Vi ZA Arrvl Yliau :L%DIGK AND NOW 1?3 Esquire, is appointed ter with respect to the following claims- 1 By the Cour J r.; ° Ito i.?rlf'1 JOSEPH W. BRUGGER, Plaintiff/Respondent VS. KATHY D. BRU.GGER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-5744 CIVIL TERM IN DIVORCE Pacses# 148104978 ORDER OF COURT AND NOW, this l ls' day of December, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,451.09 and Respondent's monthly net income/earning capacity is $2,574.25, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $460.00 per month payable monthly as follows; $420.00 for alimony pendente lite and $40.00 on arrears. First payment due next pay date. Arrears set at $as of2,520.00 as of December 11, 2002. The effective date of the order is July 8, 2002. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C. S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Kathy D. Brugger. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. D,?/? Cc.3?ra Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. I Shadday BY THE COURT, Mailed copies on Petitioner 12-12-02 to: < Respondent r Rebecca Hughes, Esquire Edward E. Guido ' 7 c c-, ?)fy r (rj ` /r- -t r T Lr.., N r;; w ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/11/02 Z 3a s76 & Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) Employer/withholder's Federal FIN Number PENN STATE UNIVERSITY HEG CAPT CAMPUS PAYROLL 777 W HARRISBURG PIKE MIDDLETOWN PA 17057-4846 RE: BRUGGER, JOSEPH W. Employee/Obligor's Name (Last, First, MO 197-40-6729 Employee/Obligor's Social Security Number 7054101062 Employee/Obligor's Case Identifier (See Addendum, for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 420.00 per month in current support $ 40.00 per month in past-due support Arrears 12 weeks or greater? Oyes O no $ 000 per month in medical support $ 0. oo per month for genetic test costs $ per month in other (specify) for a total of $ 460.00 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: $ 106.15 per weekly pay period. $ 212.31 per biweekly pay period (every two weeks). $ 230.00 per semimonthly pay period (twice a month). $ 460.00 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 i needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 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: OTC 1 Date of Order: 2 2002 p r.,,- SF[=i z77b604/eb e!7 (?, C2l a 7U(kkoC- TIT ku Form EN-028 Service Type M _???? OMB No, 0970-0154 Worker ID $IATT 5 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Iq heckeo you are required to provide a Gopy of this form to your mployee. If yo r employee works in a state that is rl ityferent from the state that issued this order, a copy must be provigert to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process understate 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. 3. 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. You must comply with the law of the amount was withheld from??? payd Mdate Of wi-.?-Ujng is M. -h- 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. 5.* 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 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 #10 below) 6. 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. WITHHOLDER'S ID: 5122000045 EMPLOYEE'S/OBLIGOR'S NAME: BRUGGER -JOSEPH W. EMPLOYEE'S CASE IDENTIFIER: 7054101062 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS:. 7. Lump Sum Payments: You may be required to report and withholdfrom 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. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amountyou should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Antidiscrimination: 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 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. 10.* 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. 11. 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. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No. 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRUGGER, JOSEPH W. PACSES Case Number 148104978/ ?j?(? PACSES Case Number Plaintiff Name Plaintiff Name KATHY D. BRUGGER Docket Attachment Amount Docket AttachmentAmount 01-5744 CIVIL$ 460.00 - $ 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. PACSES Case Number Plaintiff Name - Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? 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 :[> _- r n ? LJ _ J N y r- JOSEPH W.BRUGGER, Plaintiff/Respondent VS. KATHY D. BRUGGER, Defendam/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-5744 CIVIL TERM IN DIVORCE DR# 32176 Pacses# 148104978 ORDER OF COURT AND NOW, this 14`s day of November, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on December 11, 2002 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 11-14-02 to: < Respondent Rebecca Hughes, Esquire Charles Petrie, Esgsuire Date of Order: November 14, 2002 R J. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 O)elG f t?;? -? ?,?,>n q l .I? ? Il ?t lr li.l \??1'J ?i 1 ? r ?? ` ? ? ? r?_.ll? l v ?? i?11',I '- i? I JOSEPH W.BRUGGER, Plaintiff, Vs. KATHY D. BRUGGER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5744 CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE. INTERIM COUNSEL FEES AND EXPENSES` _ AND NOW, comes Petitioner, Kathy D. Brugger, by and through her counsel of record, Rebecca -? - z: R. Hughes, Esquire, and petitions the Court as follows: = - 1. Your Petitioner is the above named Defendant, Kathy D. Brugger, an adult individual currently residing at 1408 Concord Rd., Mechanicsburg, PA, 17050. 2. Your Respondent is the above named Plaintiff, Joseph W. Brugger, an adult individual currently residing at 5070 Bass Lake Dr., Apt. T-3, Harrisburg PA. Petitioner's date of birth is March 23, 1951, and her Social Security number is 570-82- 0024. 4. Respondent's date of birth is March 26, 1950, and his Social Security number is 197-40- 6729. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301(c) of the Divorce Code of 1980 as amended. 6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees, or pay for the costs and expenses associated with this action. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. WHEREFORE, Petitioner requests this Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Rebecca R. Hughes, Esquire Attorney for Defendant/Petitioner 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Dated: June 28, 2002 -k I M JOSEPH W. BRUGGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHY D. BRUGGER : NO. 2001 - 5744 CIVIL TERM ORDER OF COURT AND NOW, this 24TH day of APRIL, 2006, a Rule is issued upon Defendant to Show Cause why this case should not be reopened. Rule returnable twenty (20) days after service. IXCarles E. Petrie, Esquire 3528 Brisban Street Harrisburg, Pa. 17111 /ebecca Hughes, Esquire 60 West Pomfret Street Carlisle, Pa. 17013 Rebecca Hughes, Esquire 3 S? , 9-kAlexander Spring Road Carlisle, Pa. 17013 sld -S44.1 '7'. / V Edward E. Guido, J. 0 ` ? kgFJ \ .(l { ??u 0C ??,; G v 2006 BY:__-.. - - - JOSEPH W. BRUGGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 01-5744 CIVIL TERM KATHY D. BRUGGER, Defendant IN DIVORCE ORDER AND NOW, this day of 2006, upon consideration of the within Motion, it is hereby Order that the above case be, and hereby is, reopened. BY THE COURT: J. JOSEPH W. BRUGGER, Plaintiff VS. KATHY D. BRUGGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NUMBER: 01-5744 CIVIL TERM IN DIVORCE MOTION TO REOPEN CASE NOW COMES the Plaintiff, JOSEPH W. BRUGGER, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is JOSEPH W. BRUGGER, who currently resides at 5070 Bass Lake Drive, T3, Harrisburg, Pennsylvania. 2. Plaintiff filed the above-referenced divorce action on October 3, 2001. 3. Neither Plaintiff nor undersigned counsel for Plaintiff received a Notice that the above-referenced case was subject to purge or termination. 4. Plaintiff's counsel filed a series of documents on January 18, 2006, after the case was terminated, and the documents were accepted by the Office of the Prothonotary. Said documents were served on counsel for the Defendant, Rebecca R. Hughes, Esquire, and Plaintiff's counsel received no response from Attorney Hughes. No information was provided by the Prothonotary regarding termination until April 7, 2006, when Plaintiff's counsel asked to see the file at the Prothonotary's Office. 5. Plaintiff expressed an intent to proceed with the divorce matter by virtue of the filings on January 19, 2006. • 3 WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order reopening the case. Respectfully submitted, c4?z 9/6-2L CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff JOSEPH W. BRUGGER, Plaintiff VS. KATHY D. BRUGGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 01-5744 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I certify that I served a copy of the foregoing Motion to Repoen Case to attorney for the Defendant, Rebecca R. Hughes, Esquire, at her law offices at 60 West Pomfret Street, Carlisle, Pennsylvania, on April 14, 2006, by U.S. First Class Mail, postage prepaid. DATE CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff a," 1 f1? 4? C.",. - T9 of -..__m,.,.,? .,,®,w.wvrnvw?m..w.-r"aone - --a?sancad?.?n3W?i?f3m?i.G1PTcezFSB xNt'aar szm..3? r - . _-e h - -`6.'P'* ?e ? -4 4 JOSEPH W. BRUGGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 01-5744 CIVIL TERM KATHY D. BRUGGER, Defendant IN DIVORCE CASE SUMMARY PLAINTIFF NAME: Joseph W. Brugger ADDRESS: 5070 Bass Lake Drive, Apt. 2303, Harrisburg, PA HOW LONG AT RESIDENCE: 5 i/2 years SOCIAL SECURITY NUMBER: 197-40-6729 DATE OF BIRTH: March 26, 1950 EMPLOYED BY: Penn State at Harrisburg POSITION: Maintenance Electrician SALARY: $45,697.00 NAME: Kathy D. Brugger ADDRESS: 1318 Concord Road, Mechanicsburg, PA 17055 HOW LONG AT RESIDENCE: 30 years SOCIAL SECURITY NUMBER: 570-82-0024 DATE OF BIRTH: March 20, 1950 EMPLOYED BY: Hampden Cleaners POSITION: Laborer SALARY: Unknown CHILDREN: (2 Adult Children) NAME: SOCIAL SECURITY NUMBER: DATE OF BIRTH: DATE OF MARRIAGE: June 6, 1970 PLACE OF MARRIAGE: Cumberland County, Pennsylvania DATE OF SEPARATION: March 18, 2000 a 4 DIVORCE COMPLAINT: FILED: October 3, 2001 COUNTY: Cumberland DOCKET NO.: 01-5744 Civil Term CLAIMS: Wife filed claim for economic relief on October 22, 2001 SUBSEQUENT PLEADINGS: N/A SUPPORT COMPLAINT: FILED: November 14, 2002 COUNTY: Cumberland DOCKET NO.: 32176 PACSES: 148104978 DATE OF ORDER: AMOUNT: $216.56 bi-weekly EFFECTIVE DATE: FOR: Spousal Support ARREARAGES: MEDICAL: SPECIAL PROVISIONS: CUSTODY ORDER: N/A DATED: PRIMARY CUSTODY: PARTIAL CUSTODY: SPECIFICS: ASSETS: REAL ESTATE: Sold to son in 2002 - No proceeds from sale DESCRIPTION: PURCHASED: MORTGAGE: MONTHLY PAYMENT: BALANCE: OWNER: VEHICLES: MAKE: 1999 Jeep Wrangler TITLE OWNER: City Financial - owes $10,000.00 - purchased in 1999 APPROX. VALUE: $7,000.00 PENSIONS: IBEW Local 143 OWNER: Joseph W. Brugger VALUE: $800.00 per month when Joseph retires at age 65 PENSIONS: ITAA-CREF OWNER: Joseph W. Brugger VALUE: $89,826.31 (as of September 30, 2005) CHECKING/ SAVINGS ACCOUNTS: BANK: Belco Community Credit Union VALUE: $200.00 OWNER: Joseph W. Brugger DEBTS: CREDITOR: Citifinancial DEBTOR: Joseph W. Brugger AMOUNT OWING: $10,000.00 MONTHLY PAYMENT: $303.73 CREDITOR: No Marital Debts DEBTOR: AMOUNT OWING: MONTHLY PAYMENT: CREDITOR: DEBTOR: AMOUNT OWING: MONTHLY PAYMENT: CREDITOR: DEBTOR: AMOUNT OWING: MONTHLY PAYMENT: MISCELLANEOUS INFORMATION: CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that a true and correct copy of the attached case summary was sent by U.S. First Class Mail, Postage prepaid, to the following persons: Rebecca R. Hughes, Esquire 60 West Pomfret Street Carlisle, PA 17013 Dated: ?XP A16 ?-?- Charles E. Petrie 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff tl_? s iry -- mil ? La Tmf G 4 L ?e ?? wst?nce? ?varw:mxm ?..w,?w,??.?.??'rR'?iia-^mse??ra?+?w•,E . JOSEPH W. BRUGGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. NUMBER: 01-5744 CIVIL TERM KATHY D. BRUGGER, Defendant IN DIVORCE THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME AND EXPENSE STATEMENT OF JOSEPH W. BRUGGER I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: r !iE PLAINTIFF An" E H W. BRUG INCOME Employer: Penn State at Harrisburg Address: Payroll 307 Rider Bldg - 120 S Burrows Street University Park, Pennsylvania 16801 Type of Work: Maintenance Electrician Payroll Number: X-XXXX-8539 Pay Period (weekly, biweekly, etc.): Bi-weekly Gross Pay per Period: $1,757.60 Itemized Payroll Deductions (Year - 2006) Federal Withholding $236.59 Social Security $102.18 Local Wage Tax $32.96 State Income Tax $50.59 Medicare $23.90 Retirement $87.88 Savings Bonds Credit Union Life Insurance $33.12 Health Insurance Hospital $84.87 Dental $7.88 Vision $1.41 Other (specify) PA Unemployment $1.58 Long Term Disability $6.42 Parking $4.62 Spousal Support $215.56 Net Pay per Period: 857.04 Other Income: None Week Month Year (Fill in Appropriate Column) Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Worker's Comp. Total TOTAL INCOME: Bi-weekly 857.04 Monthly 1878.58 EXPENSES Week Month Year (Fill in Appropriate Column) Home Mortgage/rent $729.00 Maintenance Utilities Electric $60.00 Gas Oil Telephone $104.00 Water $37.00 Sewer Employment Public Transportation Lunch $30.00 Son's Lunches Taxes Real Estate Personal Property Income Insurance Homeowners Automobile $110.80 Life Accident Health Other (Renters) Automobile Payments $303.73 Fuel $160.00 Repairs $700.00 Medical Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices) Education Private School Parochial School College Religious Personal Clothing Food Barber/ hairdresser Credit Payments Credit card Charge Account Memberships Loans Credit Union Miscellaneous Household help Child care Papers/books/ Magazines Entertainment Pay TV Vacation Gifts Legal fees Charitable Contributions $25.00 $200.00 $30.00 $20.00 $100.00 $45.00 $150.00 $150.00 $1000.00 $500.00 Other Child support Alimony payments Total Expenses $1650.83 $2500.00 PROPERTY OWNED Ownership* Description Value H W J Checking accounts $200.00 X Savings accounts $150.00 X Credit Union _ Stocks/bonds J - - Real estate _ _ _ Other TOTAL $250.00 INSURANCE Coverage* Company Policy No. H W C Hospital Health America 850241879-01 X X Other Medical Blue Shield Other _ Health/Accident Disability Income Dental _X X_ _ Other (Vision) X X * H=Husband; W=Wife; J=Joint; C=Child SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one); +-+ (1) who operates a business or practices a profession, or +-+ (2) who is a member of a partnership or joint venture, or +-+ (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents, relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and Telephone Number: (d) Nature of business (check one) +-+(1) partnership +-+(2) joint venture +-+(3) profession +-+(4) closed corporation +-+ +-+(5) other (e) Name of accountant, controller or other person in charge of financial records: (f) Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that a true and correct copy of the attached Income and Expense Statement was sent by U.S. First Class Mail, Postage prepaid, to the following persons: Rebecca R. Hughes, Esquire 60 West Pomfret Street Carlisle, PA 17013 Dated: ! 11 4 Charles E. Petrie 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff U I? wKPi¢uh`g3?5+Y6i V+ - '.t1:+a S9n?+45s'.RY?+R4?wq sm[EiPtS?r. JOSEPH W. BRUGGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 01-5744 CIVIL TERM KATHY D. BRUGGER, Defendant IN DIVORCE INVENTORY OF JOSEPH W. BRUGGER Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATED: Rod LGE S P W. BR R ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/ director positions held by a party with company) () 16. Employment termination benefits-severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/VA benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held - () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persona as of the date this action was commenced: Item Description Names of Number of Property All Owners 1. Real Estate (sold to son - Joseph & Kathy no profit) Brugger 2. 1999 Jeep Wrangler Joseph Brugger 5. Checking Account Joseph Brugger 6. Savings Account Joseph Brugger 18. IBEW Joseph Brugger 19. TIAA-CREF Joseph Brugger NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion PROPERTY TRANSFERRED Person Item Description Date of Consid- to Whom Number of Property Transfer eration Transfer LIABILITIES Item Description Names of Names of Number of Propertv All Creditors All Debtors 2. 1999 Jeep Wrangler Citifinancial Joseph Brugger CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that a true and correct copy of the attached Inventory was sent by U.S. First Class Mail, Postage prepaid, to the following persons: Rebecca R. Hughes, Esquire 60 West Pomfret Street Carlisle, PA 17013 Dated: 1/ Charles E. Petrie 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff C7 a - (l 'z7 - tlj -n G f:•J 7 C, Grs-k w JOSEPH W. BRUGGER, Plaintiff V. KATHY D. BRUGGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5744 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, KATHY D. BRUGGER, in the above captioned case. By: Respectfully submitted, IRWIN & Esquire 60 West`pfnfret Street Carlisle/Pennsvlvania 1 (717) Attorney for defendant Date: A JOSEPH W. BRUGGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-5744 CIVIL TERM IN DIVORCE KATHY D. BRUGGER, Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 IRWIN & McKNIGHT By: 60 West ret Street Carl e, PA 17013 (7(7) 249-2353 Su e Court I.D 5476 Date: L I- / JOSEPH W. BRUGGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-5744 CIVIL TERM IN DIVORCE KATHY D. BRUGGER, Defendant ACCEPTANCE OF SERVICE I hereby acknowledge the acceptance of Rule to Reopen this Divorce Action on the 291h day of April, 2006, on behalf of my client, Kathy D. Brugger. /.' July 18, 2006 By: "/ Marcus A. Eet ht, Esquire 60 West Po tree t Carlisle, P717-249-2353 Attorney I.D.: 25476 f 4 I V RECEIVED AUG 0 2 2006 q JOSEPH W. BRUGGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. :NUMBER: 01-5744 CIVIL TERM KATHY D. BRUGGER, Defendant IN DIVORCE ORDER AND NOW, this ( day of August, 2006, upon consideration of the within Motion, it is hereby Ordered that the Rule entered on April 24, 2006, is hereby made absolute, and the above case is hereby reopened. O?. EDWARD E. GUIDO, J. At1?71V;NkVAI SNtUaa t 0 :8 wv s- onv goon AdVjQjv&,LG,dd 3H! q0 331d?© Qlld F t J I JOSEPH W. BRUGGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Vs. NUMBER: 01-5744 CIVIL TERM KATHY D. BRUGGER, Defendant IN DIVORCE MOTION TO MAKE RULE ABSOLUTE NOW COMES the Plaintiff, JOSEPH W. BRUGGER, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff filed a Motion to Reopen Case on April 19, 2006. 2. A Rule was entered by the Honorable Edward E. Guido on April 24, 2006. 3. Plaintiff's counsel served Defendant's counsel with a copy of the Rule on April 28, 2006. 4. No formal response was filed by Defendant's counsel. 5. The undersigned counsel for the Plaintiff received a letter from Defendant's counsel under date of July 18, 2006, asserting that Defendant has "no objections to the case being reopened." A copy of this letter is attached hereto. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order reopening the case so that the parties may proceed to a final divorce. Respectfully submitted, G4?,-? CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG, PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF JOSEPH W. BRUGGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 01-5744 CIVIL TERM KATHY D. BRUGGER, Defendant IN DIVORCE I certify that I served a copy of the foregoing Motion upon counsel for the Defendant, Marcus A. McKnight, III, Esquire, at his law offices at 60 West Pomfret Street, Carlisle, Pennsylvania, by U.S. Postal Service First Class mail, postage prepaid, on August 1, 2006. CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG, PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF LAW OFFICES IRWIN & McKNIGHT ROGER 8. IRWIN MARCUS A. MCKWGHT, III DOUGLAS G. MILLER MATTHEW A. McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 1 70 13-3222 (717) 249-2353 FAX (717) 249-6354 WWW.IMHLAW.COM HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN. JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES U994-2003) IRWIN & McKNIGHT (2003- 1 July 18, 2006 Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 RE: Brugger v. Brugger 2001-57411 Dear Mr. Petrie: This letter will confirm that I have accepted service of the Rule to Reopen this divorce case on behalf of my client, Kathy D. Brugger. She has no objections to the case being reopened. I have enclosed the Entry of my Appearance as well as the Acceptance of Service of the Rule to Reopen this case. Very truly yours, MAM:clc Enclosure cc: Ms. Kathy D. Brugger IRWIN cKNI T v Marcus T.M ght, III JOSEPH W. BRUGGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-5744 CIVIL TERM IN DIVORCE KATHY D. BRUGGER, Defendant ACCEPTANCE OF SERVICE I hereby acknowledge the acceptance of Rule to Reopen this Divorce Action on the 29`h day of April, 2006, on behalf of my client, Kathy D. Brugger. July 18, 2006 By: 4o, 4,:6 Marcus A. McKni , III, Esquire 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney I.D.: 25476 l ? i i Ul E5 00 . .. -.'? - .. ... - ET?1?.54W1&WIAWRWF. _ '#?fr' x'{;P..a > ?5? S ••. vm.:S ••3.ef vfiHUCmn.,Ti?<?'?AF}€i FSWSFF'?'!6$n`]fr!fN0.:A1rt9id.?sYSU.F? 01-5744 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania O Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 04/16/08 O Terminate Order/Notice Case Number (See Addendum for case summary) RE:BRUGGER, JOSEPH W. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MIT- 197-40-6729 Employee/Obligor's Social Security Number PENNSYLVANIA STATE UNIVERSITY* 7054101062 C/O ACCOUNTING OPERATIONS Employee/Obligor's Case Identifier JAMES ELLIOTT BLDG (See Addendum for plaintiff names SUITE 202 associated with cases on attachment) UNIVERSITY PARK PA 16802 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. $ 420 . oo per month in current support $ 0 . oo per month in past-due support Arrears 12 weeks or greater? (yes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 420.00 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: $ 96.92per weekly pay period. $ 193.85.per biweekly pay period (every two weeks). $ 210. oo per semimonthly pay period (twice a month). $ 420. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COU Date of order: APR 17 2008 EDWARD IDO, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M 0M8No.:0970-0154 Worker ID $IATT tl ' 0 () o * 52.E 9b' 92` 42f3. X 2b` 19?`?5* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If?heckefl you are required. to provide a Gopy of this form to your3loyee. If yorr employee works in a state that?is di Brent trom the state that issued this order, a copy must be provi to your emp ogee even if the box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this 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 EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2460003760 EMPLOYEE'S/OBLIGOR'S NAME: BRUGGER JOSEPH W. EMPLOYEE'S CASE IDENTIFIER: 7054101062 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 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. §1673 (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. 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: 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 www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ TATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRUGGER, JOSEPH W. PACSES Case Number 148104978 PACSES Case Number Plaintiff Name Plaintiff Name KATHY D. BRUGGER Docket Attachment Amount Docket Attachment Amount 01-5744 CIVIL$ 420.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB El if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment, through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT t"7 l -z- JOSEPH W. BRUGGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-5744 CIVIL TERM IN DIVORCE KATHY D. BRUGGER, DR. #32176 Defendant/Petitioner PACSES CASE NO. 148104978 PETITION FOR MODIFICATION OF ALIMONY PENDENTE LITE AND NOW, comes KATHY D. BRUGGER, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The Petitioner is Kathy D. Brugger, who currently resides at 136 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Joseph W. Brugger, who currently resides at 5070 Bass Lake Drive #2303, Harrisburg, Dauphin County, Pennsylvania 17111. 3. The Petitioner and Respondent were married on June 6, 1970, and separated on March 18, 2000. 4. An Order of Court for alimony pendente lite was issued on December 11, 2002, a copy of which is attached hereto and marked as Exhibit "A". 5. The Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner, Kathy D. Brugger, respectfully requests that this Honorable Court modify the current Order of Court for alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. By: Date: October 23, 2008 Respectfully submitted, IRWIN & Mc IGHT -,,I 1 Marcus . McKnight, III, Esc 60 West mfret Street Carlisle, PA 013 Supreme Court I. o: 25476 (717) 249-2353 Attorney for the Petitioner 2 EXHIBIT "A" JOSEPH W. BRUGGER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. KATHY D. BRU GGER, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 2001-5744 CIVIL TERM IN DIVORCE Pacses# 148104978 ORDER OF COURT AND NOW, this I Vh day of December, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,451.09 and Respondent's monthly net income/earning capacity is $2,574.25, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $460.00 per month payable monthly as follows; $420.00 for alimony pendente lite and $40.00 on arrears. First payment due next pay date. Arrears set at $as of2,520.00 as of December 11, 2002. The effective date of the order is July 8, 2002. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa. C. S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Kathy D. Brugger. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. I Shadday BY THE COURT, Mailed copies on Petitioner 12-12-02 to: < Respondent Rebecca Hughes, Esquire r" Edward E. Guido r J. JOSEPH W. BRUGGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-5744 CIVIL TERM KATHY D. BRUGGER, IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Modification of Alimony Pendente Lite was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 IRWIN & McKNIGHT By: Marcuq/A. Mco t, III, Esquire 60 We#Tomfr&oStreet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 24, 2008 r s4- pQ V 0 N Q x " r--- f? s ' ` An JOSEPH W. BRUGGER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 01-5744 CIVIL TERM KATHY D. BRUGGER, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 148104978 ORDER OF COURT AND NOW, this 28th day of October, 2008, a petition has been filed against you, Joseph W. Brugger, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on November 19, 2008 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marcus A. McKnight, III, Esq. Charles E. Petrie, Esq. 'v Date of Order: October 28, 2008 R. J. Sha fy, Co ference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 i -r7 JOSEPH E. BRUGGER, Plaintiff/Respondent VS. KATHY D. BRUGGER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AC TIION - DIVORCE NO. 015W4'CIVIL TERM IN DIVORCE PACSES Case No: 148104978 ORDER OF COURT AND NOW, this 19th day of November 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,545.22 and the Respondent's monthly net income/earning capacity is $ 2,920.94, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Eight and 00/100 Dollars ($ 508.00) per month payable bi-weekly as follows: $ 508.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 234.46 bi-weekly. The effective date of the order is October 24, 2008. Arrears set at $ 131.80 as of November 19, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Kathy D. Bragger. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by the Respondent and 100 % by the Petitioner. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of. 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: November 20, 2008 to: Petitioner Respondent Marcus A. McKnight, III, Esq. Charles E. Petrie, Esq. BY THE COURT, Edward E. Guido, J. DRO: R.J. Shadday cz - l . . r_ :.r ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 01-5744 CIVIL State Commonwealth of Pennsyl ania (DOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 11/19/08 0Terminate Order/Notice Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice RE:BRUGGER, JOSEPH W. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 197-40-6729 Employee/Obligor's Social Security Number PENNSYLVANIA STATE UNIVERSITY* 7054101062 C/O ACCOUNTING OPERATIONS Employee/Obligor's Case Identifier JAMES ELLIOTT BLDG (See Addendum for plaintiff names SUITE 202 associated with cases on attachment) UNIVERSITY PARK PA 16802 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. $ 0.00 $ $ 0.00 0.00 $ 0.00 $ 508.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 508. o0 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: $ 117.23 per weekly pay period. $ 254.00 per semimonthly pay period (twice a month) $ 234,46 per biweekly pay period (every two weeks) $ 508.00 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. 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. 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 NAMEdAHE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECSIR/'JY UM &R IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Edward E. DRO: R.J. Shadday Service Type M Arrears 12 weeks or greater? (D yes ® no OMB No.: 09700154 Judge Form EN-028 Rev. 4 Worker ID $IATT ?dg • x 12•-? 52.w 11?•23* soP x 12• 26* 234.46* ... ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS I heck you are requiTi top vide a opy of this form to your m 100 yee. If yo r employed orks in a state that is iierent from the state thssuefthis order, a copy must be provisectyour employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee 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 employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 2460003760 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : C] THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BRUGGER, JOSEPH W. EMPLOYEE'S CASE IDENTIFIER: 7054101062 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAMEIADDRESS: 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 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 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 www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker I D $ IATT I gMti. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRUGGER, JOSEPH W. PACSES Case Number 148104978 PACKS Case Number Plaintiff Name Plaintiff Name KATHY D. BRUGGER Docket Attachment Amount Docket Attachment Amount 01-5744 CIVIL$ 508.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker I D $ TATT v r ? Y? L.? JOSEPH W. BRUGGER, Plaintiff V. KATHY D. BRUGGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5744 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 13, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ZZ 3 1 0 W.BRUGGER Plaintiff d? ? 'F'S - ?.?T? Y { V? ?? ? yy JOSEPH W. BRUGGER, Plaintiff V. KATHY D. BRUGGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5744 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / Z 3 16R J EPH W. BRU GE Plaintiff JOSEPH W. BRUGGER, Plaintiff V. KATHY D. BRUGGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5744 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 2001. 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 3, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: \ ?- 3 \ - ?? \ KAT Y D. UGGER Defendant JOSEPH W. BRUGGER, Plaintiff V. KATHY D. BRUGGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5744 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: KATHY D. RUGGER Defendant ? .? ?? .:°? ,,? ., --:'r JOSEPH W. BRUGGER, Plaintiff VS. KATHY D. BRUGGER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 5744 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this I?-* day of 1 , 2009, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated June 12, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q. Go Edgar B. Bayley, P.J. cc: Charles E. Petrie Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant FILLL" i 20J11 AU. 11 12 P i 2: f; .IV vl - 5?'yy MARRIAGE SETTLEMENT AGREEMENT 4 THIS AGREEMENT made this _ day of June 2009 by and between KATHY D. BRUGGER (hereinafter referred to as "WIFE") and JOSEPH W. BRUGGER, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 6, 1970, in Mechanicsburg, Pennsylvania. HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2001-5744 Civil Term on October 3, 2001. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any neither property now owned and not specified herein nor property hereafter acquired by the other. I 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f, fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: WIFE will seek payment for her share of the real estate proceeds from her son. HUSBAND agrees to support her claim. 8. DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree to the following: Alimony in the amount of $508.00 per month until the death of either party, WIFE's remarriage, or her cohabitation with another man. Alimony is to be modified upon HUSBAND's retirement, based upon the parties' circumstances. 10. PERSONAL PROPERTY: The parties agree to the following division: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any life insurance policy; and 3 d. His employee benefits except that 60% of the marital retirement and 60% of the TIAA/CREF will be transferred to Wife. WIFE shall receive the following items: a. 60% of the marital retirement payment; b. 60% of the marital value of the TIAAA/CREF with no income tax consequences to Mr. Brugger; c. The personal property in her current possession; d. Her bank accounts; e. Any life insurance policy; and f. Her employee benefits. HUSBAND will prepare a Qualified Domestic Relations Order, which transfers 60% of the marital retirement and 60% of the TIAA/CREF to WIFE. The WIFE hereby waives all right and title, which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 4 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest that he may have in the automobiles in possession of the WIFE. b. WIFE agrees to waive any and all interest that she may have in the automobiles in possession of the HUSBAND. They each waive any claim that they have in any automobile owned by the other party 12. INSURANCE. EMPLOYEE AND MILITARY BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest that he may have in the savings or checking or any other bank accounts of the WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each parry acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and not the result of any duress or undue influence. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. . . 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. (SEAL) KATHY .BRUGGER .r-- (SEAL) Z SEPH . BRUGGER C7D WITNESSES: COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND j- PERSONALLY APPEARED BEFORE ME, this day of June 2009, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, KATHY D. BRUGGER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set 77 il seal. 11 Mcl4iig Ilt, Notary PubBc tJo seQtn=? a bedand Co o* 0, 2009 COMMONWEALTH OF PENNSYLVANIA s& Expires Oct. 1 Member, Pennsylvania ASSocialion or Nbtaftt : SS: COUNTY OF CUMBERLAND )?? ,s l PERSONALLY APPEARED BEFORE ME, this 1 day Ax 2009, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JOSEPH W. BRUGGER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF p4rNNMVAMA NOTARIAL SEAL KELLY P. ROBERTS, NoRsary Public Pa" BBoro., Dam 2013 8 LL' r; t_; ; Z ri i L:i Lb U t ii l` s JOSEPH W. BRUGGER, Plaintiff VS. KATHY D. BRUGGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NUMBER: 01-5744 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of complaint: October 5, 2001, by certified mail. 3. Complete either paragraph (a) or (b): (a) (1) Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff. 12/31/2008; by defendant: 12/31/2008. (a)(2) Date of execution of the Waiver of Notice of Intention required by §3301(c) of the Divorce Code: by plaintiff: 12/31/2008; by defendant: 12/31/2008. (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed: ; Served: 4. Related Claims Pending: No claims raised. 5. Complete either (a) or (b) : (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: 12/31/2008. (c) Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: 12/31/2008. CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF RB)-O?rjCE OF THE PROTHONOTARY 2H9 AUG 17 AM 10: Q 9 Cl11vf 4 : , °v WONTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH W.BRUGGER V. KATHY D. BRUGGER NO 01 - 5744 CIVIL TERM DIVORCE DECREE &?t?/o 3--5-7? -#M - , it is ordered and decreed that AND NOW, JOSEPH W. BRUGGER plaintiff, and KATHY D. BRUGGER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") IT IS FURTHER ORDERED that the parties' Marital Settlement Agreement dated June 12, 2009, shall be incorporated into, but not merged with, this Decree in Divorce. rothonotary Attest: J. ? - I ? 'off' ? ? ?? ?- , /N? E ?. y ?, .. `ti ?: ?.