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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DECREE IN
DIVORCE
NOW'~
STATE OF
ERIC S. KROH,
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Plaintiff
VERSUS
TAMMI S. KROH,
Defendant
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AND
PENNA.
No.
01 - 5961 CIVIL TERM
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,'2iJ~IT IS ORDERED AND
DECREED THAT
Eric S. Kroh
, PLAINTIFF,
AND
Tammi S. Kroh
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The attached Marital Settlement Aqreement dated May 19, 2004
is
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incorporated, but not merged, into this Decree in Divorc .
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OTHONOTARY
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ERIC S. KROH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-5961 CIVIL TERM
T AMMI S. KROH,
Defendant
CML ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ()
3301(d) of the Divorce Code.
2. Date and manner of service of the Complaint: October 26, 2001 by Acceptance of
Service.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent and Waiver of Counseling
required by Section 3301(c) of the Divorce Code: by Plaintiff: July 13,2004; Defendant: July 13,
2004.
(b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of
the Divorce Code:
(2) Date of service of the Plaintiff's Affidavit upon the Defendant:
4. Related claims pending: All claims of record have been settled pursuant to a Marital
Settlement Agreement dated May 19, 2004.
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5. Date and manner of service of Notice of Intention to file Praecipe to
Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d)
of the Divorce Code:
or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree
under Section 3301(c) of the Divorce Code: by Plaintiff: July 13, 2004; by Defendant: July 13,
2004.
and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce
Decree: Both Waivers are being filed simultaneously with this Praecipe.
JAMES, SMITH, DIETTERRICK & CONNELLY LLP
Date: 7-/3-D4
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MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
ERIC S. KROH
AND
TAMMIS.KROH
John 1. Connelly, Jr., Esquire
JAMES, SMITII, DIETTERICK & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
Telephone: (717) 533-3280
Counsel for Eric S. Kroh
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MARITAL SETTLEMENT AGREEMENT
TillS AGREEMENT, made this /qH day of ./r;r A j 1.- , 2004 by
and between ERIC S. KROH, of Cumberland County, Pennsylvania, an~ TAMMI S. KROH, of
Cumberland County, Pennsylvania.
WITNESSETH:
WHEREAS, Eric S. Kroh (hereinafter called "Husband") currently resides at 604A Herrin
Lane, Enola, Cumberland County, Pennsylvania 17025;
WHEREAS, Tammi S. Kroh (hereinafter called "Wife") currently resides at 137 Tory
Circle, Enola, Cumberland County Pennsylvania 17025;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
October 28, 1989;
WHEREAS, the parties have lived separate and apart since on or about March 15, 2002;
WHEREAS, three children were born of the marriage between the parties, namely, Justin
M. Kroh, born December 6, 1986; Jared A. Kroh, born June 20,1990; and Cassidy J. Kroh, born
September 22, 2000;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property, the
support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband
and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference and authority, direct or
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indirect by the other. Each may reside at such place or places as he or she may select. Each rnay,
for his or her separate use or benefit, conduct, carry on or engage in any business, occupation,
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere
with the use, ownership, enjoyment or disposition of any property now owned by or hereafter
acquired by the other.
2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the
opportunity to receive independent legal advice from counsel of his or her selection. Husband has
secured legal advice from John 1. Connelly, Jr., Esquire, his counsel. Wife is unrepresented by
counsel and has the right to have the Agreement reviewed by counsel of her choosing. Each party
fully understands the facts and his or her legal rights and obligations, and each party acknowledges
and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily, and that the execution of this Agreement is not the result of any
duress or undue influence, and that it is not the result of any improper or illegal agreement or
agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code,
whereby the court has the right and duty to determine all marital rights of the parties including
divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property
owned or possessed individually by the other, counsel fees and costs of litigation and, fully
knowing the same, each party hereto still desires to execute this Agreement acknowledging that the
terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives
his and her respective right to have the Court of Common Pleas of Cumberland County, or any
other court of competent jurisdiction, make any determination or order affecting the respective
parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution,
counsel fees and costs of litigation.
3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or
she is aware of his or her right to seek discovery including, but not limited to, written
interrogatories, motions for production of documents, the taking or oral depositions, the filing of
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inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has
had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law
and each is aware of his or her right to have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any
other court of competent jurisdiction. The parties do hereby acknowledge that there has been full
and fair disclosure to the other of his or her respective income, assets and liabilities, whether such
are held jointly, in the name of one party alone or in the name of one of the parties and another
individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal
or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties
do not wish to make or append hereto any further enumeration or statement. Specifically, each
party waives the need for copies of bank statements, insurance policies, retirement plan statements
or any other documentation. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory
to them. Each of the parties hereto further covenants and agrees for himself and herself and his or
her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or assigns in any action of contention,
direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that
there was any fraud, duress, undue influence or that there was a failure to have available full, proper
and independent representation by legal counsel.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the
parties agree, that by this Agreement they have resolved all ancillary economic issues related to the
dissolution of their marriage and thus any divorce action with respect to these parties shall be
limited to a claim for divorce only. Husband has filed a Divorce Complaint in the Court of
Common Pleas Cumberland County, Pennsylvania, indexed to No. 01-5961. The parties agree that
they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry
of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely
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fashion. Upon completion of the divorce action, connsel for Husband shall supply Wife with a
copy of the Decree.
5. EQUITABLE DISTRIBUTION.
A. Real Estate The parties were previously the joint owners of a property located
at 604A Herrin Lane, Enola, Cumberland County, Pennsylvania. In May of 2002, Husband
refinanced the said property and paid to Wife the Sun1 of $8,000.00 representing her equitable
distribution of the marital real estate. This payment to Wife took into account the assumption of
significant debt which is more particularly set forth herein. Subsequent to the refinancing, Wife
has transferred title to the aforementioned residence to Husband individually and agrees that she
will make no further claim to the property. Husband agrees to indemnify and hold Wife
harmless on any obligations relating to the property which is now titled in his name individually.
There is currently a mortgage against the property in Husband's name only in the approximate
amount of$142,000.00 payable to Wells Fargo.
B. Furnismnl!:s and Personalty. The parties agree that they have divided by
agreement between themselves all furnishings and personalty located in the Marital Residence,
including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and
equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings
and personalty currently in his possession, free and clear of any right, title, claim and/or interest
of Wife and Wife shall retain all items of furnishings and personal property currently in her
possession as her sole and separate property free and clear of any right, title, claim and/or interest
of Husband.
c. Motor Vehicles. At the time of the separation of the parties, Husband retained
ownership of the 1994 Pathfinder which he has since traded. Wife retained ownership of the
2002 Cavalier which she also has traded for a new vehicle. Both parties shall retain the proceeds
of the vehicles identified herein traded by the respective party.
D. Life Insurance. Each of the parties are owners of life insurance policies
through Prudential. The said policies are being retained by the individual who is the named
owner including any cash values contained in the policies.
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E. Pension and Retirement Benefits. Husband is the owner of a 401(k) through
his employer, Verizon Wireless, which shall remain his sole and separate property. At the time
the parties separated, Wife did not have a pension plan. At the current time, she has pension
benefits through her employer, Higbmark, which shall be retained by her as her sole and separate
property.
F. Miscellaneous ProDertv. As of the execution date of this Agreement, any and
all property not specifically addressed herein shall be owned by the party to whom the property is
titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of
sale to evidence the transfer of any and all rights in such property from each to the other.
G. ProDertv to Wife. The parties agree that Wife shall own, possess, and enjoy,
free from any claim of husband, the property awarded to her by the terms of this Agreement.
Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and
relinquishes any and all rights thereto, together with any insurance policies covering that
property, and any escrow accounts relating to that property. This Agreement shall constitute a
sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband
to Wife.
H. ProDertv to Husband. The parties agree that Husband shall own, possess,
and enjoy, free from any claim of Wife, the property awarded to him by the terms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
I. Marital Debt. Husband has assumed all marital debt of the parties including,
but not limited to, Waypoint Visa, MBNA Visa, a home equity loan with Waypoint Bank which
was paid off at the initial refinancing in May of 2002 and the personal loan at M&T Bank.
Husband has paid off all marital debt with the exception of the balance on the Waypoint Visa
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which currently is approximately $6,500.00. As to the unpaid Waypoint Visa balance, Husband
agrees to indemnify and hold Wife harmless on the said obligation.
J. Liability not Listed. Each party represents and warrants to the other that he
or she has not incurred any debt, obligation or other liability, other than those described in this
Agreement, on which the other party is or may be liable. A liability not disclosed in this
Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it,
and such party agrees to pay it as the same shall become due, and to indemnify and hold the other
party and his or her property harmless from any and all debts, obligations and liabilities.
K. Indemnification of Wife. If any claim, action or proceeding is hereafter
initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this
Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or
proceeding, whether or not well-founded, and indemnify her and her property against any
damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
L. Indemnification of Husband. If any claim, action or proceeding is hereafter
initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this
Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or
proceeding, whether or not well-founded, and indemnify him and his property against any
damages or loss resulting therefrom, including, but not limited to costs of court and actual
attorney's fees incurred by Husband in connection therewith.
M. Warranty as to Future Obli!!3tions. Husband and Wife each represents and
warrants to the other that he or she will not at any time in the future incur or contract any debt,
charge or liability for which the other, the other's legal representatives, property or estate may be
responsible. From the date of execution of this Agreement, each party shall use only those credit
cards and accounts for which that party is individually liable and the parties agree to cooperate in
closing any remaining accounts which provide for joint liability. Each party hereby agrees to
indemnify, save and hold the other and his or her property harmless from any liability, loss, cost
or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof.
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6. SUPPORT/ALIMONY. Except as provided below, Husband and Wife hereby
expressly waive, discharge and release any and all rights and claims which he or she may have
now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal
support and/or maintenance or other like benefits resulting from the parties' status as husband
and wife. Except as provided herein, the parties further release and waive any rights they may
have to seek modification of the terms of this paragraph in a court of law or equity, it being
understood that the foregoing constitutes a final determination for all time of either party's
obligation to contribute to the support and maintenance of the other.
There is currently a Support Order in place through the Court of Common Pleas,
Cumberland County, Pennsylvania, indexed to P ACSES No. 097104948 in the amount of
$1,142.82 per month representing $386.84 per month in spousal support for Wife and $755.98 in
child support for Cassidy 1. Kroh. The child support payment for Cassidy takes into account the
fact that Husband has custody of the parties minor children, Justin M. Kroh and Jared A. Kroh.
This payment of child support also takes into account the daycare expense for Cassidy. Beginning
June 1, 2004, Husband agrees to pay to wife the sum of $400.00 per month in alimony. Husband
will take steps through his counsel to have the Support Order modified to delete spousal support
and enter the Alimony Order as aforementioned effective June 1, 2004. The child support payment
will remain $755.98 per month. In addition to the aforementioned child support, Husband will pay
to Wife, within ten (10) days of receipt, 17.7% of any net bonus received by him from his
employer. These payments shall be made to Wife directly and shall include documentation of
Husband's gross bonus and his net bonus in order that Wife may confirm the 17.7% figure is
accurate. Any provisions regarding the payment of bonus contained in the existing Order of Court
shall be terminated and replaced by these provisions.
The said alimony payments shall terminate upon the death of either party, Wife's
remarriage or cohabitation. In addition, all alimony payments paid pursuant to this paragraph are
to be deducted by Husband on his federal income tax returns and claimed by Wife as income on
her federal income tax returns.
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The child support and alimony payments shall be subject to modification or termination
based on a change in circumstances, which would include, but not be limited to, the amount of
the payment, daycare contribution, medical insurance contribution or percentage of bonus
payments. In no event, shall the alimony award be modified to include any percentage of
Husband's bonus. The percentage of bonus payments shall only apply to child support in the
event of modification.
7. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
8. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically
set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights
and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a
beneficiary designation which belongs to the other party under the terms of this Agreement,
including, but not limited to, pensions and retirement plans of any sort or nature, deferred
compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay
checks or any other post -death distribution scheme, and each party expressly states that it is his
and her intention to revoke by the terms of this Agreement any beneficiary designations naming
the other which are in effect as of the date of execution of this Agreement. If and in the event the
other party continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
9. RELEASE OF CLAIMS.
A. Wife and Husband acknowledge and agree that the property dispositions
provided for herein constitute an equitable distribution of their assets and liabilities pursuant to
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S3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their
property except as provided for in this Agreement. Furthermore, except as otherwise provided
for in this Agreement, each of the parties hereby specifically waives, releases, renounces and
forever abandons any claim, right, title or interest whatsoever he or she may have in property
transferred to the other party pursuant to this Agreement or identified in this Agreement as
belonging to the other party, and each party agrees never to assert any claim to said property or
proceeds in the future. The parties have divided between them to their mutual satisfaction,
personal effects, household goods and furnishings and all other articles of personal property which
have heretofore been used in common by them, and neither party will make any claim to any such
items which are now in the possession or under the control of the other. Should it become
necessary, each party agrees to sign any title or documents necessary to give effect to this
paragraph, upon request. However, neither party is released or discharged from any obligation
under this Agreement or any instrument or document executed pursuant to this Agreement.
Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other,
all items of personal property, tangible or intangible, acquired by him or her from the execution
date of this Agreement with full power in him or her to dispose of the same fully and effectively
for all purposes.
B. Each party hereby absolutely and unconditionally releases and forever
discharges the other and the estate of the other for all purposes from any and all rights and
obligations which either party may have or at any time hereafter has for past, present or future
support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees,
costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of
the marital relationship or otherwise, including all rights and benefits under the Pennsylvania
Divorce Code of 1980, its supplements and amendments, as well as under any other law of any
other jurisdiction, except and only except all rights and obligations arising under this Agreement
or for the breach of any of its provisions. Neither party shall have any obligation to the other not
expressly set forth herein.
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C. Except as set forth in this Agreement, each party hereby absolutely and
unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance,
or under the intestate laws or the right to take against the spouse's will, or the right to treat .a
lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory of the United States, or any other country.
D. Except for the obligations of the parties contained in this Agreement and
such rights as are expressly reserved herein, each party gives to the other by the execution of this
Agreement an absolute and unconditional release and discharge from all causes of action, claims,
rights or demands whatsoever in law or in equity, which either party ever had or now has against
the other.
10. PRESERVATION OF RECORDS. Each party will keep and preserve for a
period of four (4) years from the date of their divorce decree all financial records relating to the
marital estate, and each party will allow the other party access to those records in the event of tax
audits.
11. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
12. SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force and effect without being impaired or invalidated
in any way.
13. BREACH. If either party hereto breaches any provision hereof, the other party
shall have the right, at his or her election, to sue for damages for such breach, or seek such other
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remedies or relief as may be available to him or her. The non-breaching party shall be entitled to
recover from the breaching party all costs, expenses and legal fees actUally incurred in the
enforcement of the rights of the non-breaching party.
14. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
15. NOTICE. Any notice to be given under this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Eric S. Kroh
604A Herrin Lane
Enola, P A 17025
and to Wife, ifmade or addressed to the following:
Tammi S. Kroh
137 Tory Circle
Enola, P A 17025
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
16. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
17. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
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18. EFFECTIVE DATE. This Agreement shall become effective and binding upon
both parties on the execution date.
19. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated even if the parties
effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This
Agreement also' shall continue in full force and effect in the event of the parties' divorce. There
shall be no modification or waiver of any of the terms hereof unless the parties in writing execute
a statement declaring this Agreement or any term of this Agreement to be null and void.
20. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text
of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
21. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall
bind the parties hereto and their respective heirs, executors, administrators, legal representatives,
assigns, and successors in any interest of the parties.
22. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully
read this Agreement; that he or she has discussed its provisions with an attorney of his or her
own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that
this instrument expresses the entire agreement between the parties concerning the subjects it
purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
23. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver
to the other any deeds, bills of sale, assigrnnents, consents to change of beneficiary designations,
tax returns, and other documents, and shall do or cause to be done every other act or thing that
may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If
either party unreasonably fails on demand to comply with these provisions, that party shall pay to
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the other party all attorney's fees, costs, and other expenses actually incurred as a result of such
failure.
24. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated
into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into
said decree. The parties shall have the right to enforce this Agreement under the Divorce Code
of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not
waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
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WITNESS
c<(QfrWY'LS~r~
Tarnmi S. Kroh
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ERIC S. KROH,
v.
NO. 0\ - S'1(".1
C?lu~LY~
Defendant
CML ACTION - LAW
IN DIVORCE
TAMMI S. KROH,
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you 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.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the office of the
Prothonotary .
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.
Lawyer Referral Service
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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ERIC S. KROB,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLANDCOUNTY,PENNSYLVANIA
vs.
; NO. 01 - S'tl../
Ciu,t /~
TAMMI S. KROB,
Defendant
: CIVIL ACTION -LAW
: DIVORCE
COMPLAINT
COUNT 1 - DIVORCE
AND NOW comes Plaintiff, ERIC S. KROH, by his attorney, Kathy M.
Shughart, and files this Complaint, based upon the following:
1. Plaintiff, ERIC KROH, born July 30, 1965, is an adult individual and
national of the United States of America, who currently resides at 604 A Herrin Lane,
Enola, Cumberland County, Pennsylvania.
2. Defendant, TAMMI S. KROH, born October 17, 1967, is an adult
individual and national of the United States of America, whose last known address is 604
A Herrin Lane, Enola, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant were married on October 28, 1989 in Summerdale,
Cumberland County, Pennsylvania.
4. The parties have three minor children. Justin M. Kroh, born December 6,
1986; Jared A. Kroh, born June 20,1990; and Cassidy J. Kroh, born September 22,2000.
5. Plaintiff and the parties' minor children have been bona fide residents of
this Commonwealth for at least six (6) months immediately prior to the filing of this
Complaint
6. Defendant is not presently a member of the Armed Forces on active duty.
Plaintiff is not presently a member of the Armed Forces on active duty.
7. There are no pending actions in divorce or annuhnent in this jurisdiction
or in any other jurisdiction brought by either Plaintiff or Defendant above-named.
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8. Plaintiff has been advised of the availability of counseling and that
Plaintiff may have the right to request that the court require the parties to participate in
counseling.
9. Plaintiff avers that the marriage is irretrievably broken.
10. The parties have been living separate and apart. At a subsequent time,
Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least
two (2) years.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree of
Divorce from the bonds of matrimony.
DATE: I
10 ...\1.-.;(/
Kathy M. Shu art, Esquire
Supreme Court ID #39779
27 South Arlene Street
Post Office Box 6315
Harrisburg, PA 17112-0315
(717) 540-8511
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ERIC S. KROB,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
TAMMI S. KROB,
Defendant
: CIVIL ACTION -LAW
: DIVORCE
VERIFICATION
.,...
I, ERIC S. KROH}verify that the averments made in the within foregoing
document are true and cOll'ect: 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: 10 - 11-0 I
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ERIC S. KROH,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5961 CIVIL TERM
TAMMI S. KROH,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
f:
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 16, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of Intention
to request entry of the Decree.
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WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
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lawyer's fees or expenses if! 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 above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. 1}4904, relating to unsworn
falsification to authorities.
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ERIC S. KROH,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5961 CIVIL TERM
TAMMl S. KROH,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 16, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of Intention
to request entry of the Decree.
WANER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
DECREE UNDER &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! 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 above are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. 1}4904, relating to unsworn
falsification to authorities.
Date: 'l-/3-oLf
0f~'s K-ro0
Tannni S. Kroh, Defemdant
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ERIC S. KROH,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5961 CIVIL TERM
TAMMIS.KROH,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
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PRAECIPE FOR ENTRY OF APPEARANCE
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Please enter the appearance of John 1. Connelly, Jr., Esquire on behalf of the Plaintiff" Eric
S. Kroh, in the above-captioned action.
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JAMES, SMITH, DIETIERICK & CONNELLY
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Date: 1-/.?J - D~
By:
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Hershey, P A 17033
(717) 533-3280
PA J.D. No. 15615
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ERIC S. KROH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
C~ERLAND COUNTY, PENNSYLVANIA
v.
NO: 01-5961 CIVIL TERM
TAMMI S. KROH,
Defendant
Civil Action - Law
Divorce
ACCEPTANCE OF SERVICE
I hereby acknowledge that I was served a copy of the Complaint filed in the
above-captioned Divorce action thisdLP t.b day of (9cto ~ ,2001.
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ERIC S. KROH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 01-5961 CIVIL TERM
TAMMI S. KROH,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
RULE TO SHOW CAUSE
AND NOW, this
;-
,"I day of ~
, 2003, upon consideration
of the attached Petition to Withdraw as Counsel, a Rule is issued upon Plaintiff, ERIC S.
KROH, to show cause why Kathy M. Shughart, Esquire, should not be permitted to
withdraw as counsel.
RULE RETURNABLE z-~ DAYS FROM SERVICE.
BY THE COURT:
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ERIC S. KROH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-5961 CIVIL TERM
TAMMI S. KROH,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
PETITION TO WITHDRAW AS COUNSEL
Kathy M. Shughart, Esquire, counsel of record for ERIC S. KROH, Plaintiff in
the above-captioned matter, petitions the Court to withdraw as counsel and in support
thereof avers as follows:
1. The Plaintiff in the above-captioned matter is ERIC S. KROH, an adult
individual residing at 604A Herrin Lane, Enola, Cumberland County, Pennsylvania.
2. The Defendant in the above-captioned matter, TAMMI S. KROH, is
represented by Maria P. Cognetti, Esquire.
3. Petitioner is Kathy M. Shughart, Esquire, counsel of record for Plaintiff,
ERIC S. KROH.
4. Plaintiff notified Counsel that he would be retaining new counsel, and on
or about July 21,2003, the Plaintiff picked up his file and signed a Release terminating
the attorney/client relationship with Kathy M. Shughart, Esquire. A copy of said Release
is attached hereto and incorporated by reference herein as "Exhibit A".
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5. To date, an appearance has not been entered by new counsel.
6. Neither Plaintiff nor Petitioner desires for the attorney-client relationship
to continue.
WHEREFORE, Kathy M. Shughart, Esquire, respectfully requests this Honorable
Court to issue a Rule upon Plaintiff, ERIC S. KROH, to show cause why Kathy M.
Shughart, Esquire, should not be permitted to withdraw as counsel.
Respectfully submitted,
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RELEASE
I, Eric S. Kroh, hereby acknowledge that I have received my entire
file from Kathy M. Shughart, Esquire, this ;;; I ST day of July, 2003.
Further, I hereby confirm that I wish to terminate the attorney/client
relationship with Kathy M. Shughart, Esquire.
~;;WI
rlC S. Kroh
"EXHIBIT A"
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VERIFICATION
I, Kathy M. Shughart, Esquire, verify that the statements made in this Petition to
Withdraw as Counsel are true and correct. I understand that raise statements herein are
made subject to the penalties of Pa. C.S. 4904 relating to unsworn falsification to
authorities.
V0..
M. SHUGHART:, ESQUIRE
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5961 CIVIL TERM
TAMMI S. KROH,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on this 17th day of November, 2003, a true and correct copy of
the Petition to Withdraw as Counsel was served on the following person by United States
Mail, postage prepaid, addressed as follows:
Maria P. Cognetti, Esquire
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011
Eric S.Kroh
604A Herrin Lane
Enola, P A 17025
Respectfully submitted,
ath M. hughart, Esq . e
I.D. No.3 779
27 South Arlene Street
P.O. Box6315
Harrisburg, PA 17112-0315
(717) 540-8511
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 08/22/05
Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
EmployerMlithholder's Federal EIN Number
RE, KROH, ERIC S.
Employee/Obligor's Name (Last, First, MI)
184-60-1960
Employee/Obligor's Social Security Number
5778101054
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
VERIZON WIRELESS
C/O HR INNOVATIONS
STE 1380
35 E WACKER DR
CHICAGO IL 60601
y/ 9,;1.7 ~ ~
~s ()97/0V9V~
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~/-5"?&1 {'1Cl/L
<;90/675"97
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: 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.
$ 1,155.98 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes <S> no
$ 0.00 per month in current and past-due medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 1,155 .98 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:
$ 266.76 per weekly pay period.
$ 533.53 per biweekly pay period (every two weeks).
$ 577.99 per semimonthly pay period (twice a month).
$ 1.155.98 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 S5% 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 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, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's c;~~r~"NjgfJp~QQ.AL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. ~'lJl.ii!,.kG:~~J~U
, _ _ f- ':U-O> BY THE COURT:
Date of Order: r AUG 2 3 20D5~
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Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 097(}.{)154
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If (;hecked you are required. to provide a ,opy of this form to your. employee. If your employe~ works in.a state that is
different from the state that Issued thiS order, a copy must be provided to your employee even If the box 15 not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income:
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* RCf./Uft;1I5 tllt~ fCiyJah:::/Ddtt uf'NitllllOld;llg. Yvu lIlU::.t lepoll tile fJdyJalt:/Jalc: uf vvitlllloldillg VVlle" ~e.IJ;1I5lLc; paylllehL Tile
paydate/Jdtt uf vv;ll,l,uld;I,g;::. LlIl;::: Jal:t; VII vvll;c1, dlllOulIl VV<1.') vvitlll,eld flOll1 ll.e cl1ltJluycc';:. VVCl-5C:I, You must comply with the law of the
state ofthe 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 a\1 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: 2233728890
EMPLOYEE'S/OBlIGOR'S NAME: KROH , ERIC S.
EMPLOYEE'S CASE IDENTIFIER: 577Bl0l054 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.5.c. 91673 (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 taxeSi 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
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
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AD[)ENDUM
Summary of Cases on Attachment
Defendant/Obligor:KRoH, ERIC S.
PACSES Case Number 097104948
Plaintiff Name
TAMMI S. KROH
Docket Attachment Amount
009"2"7S 2002 $ 755.98
Child(ren)'s Name(s):
DOB
PACSES Case Number 880107597
Plaintiff Name
TAMMI S. KROH
Docket Attachment Amount
01-5961 CIVIL $ 400.00
Child(ren)'s Name(s):
DOB
Olf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obllgor's employment.
If you are required to enroll the child(ren)
above in any health insurance coverage available
the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
If checked, you are required to enroll the child(ren)
above in any health insurance coverage avaitable
the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
If you are required to enroll the child(ren)
above in any health insurance coverage available
the employee's/obligor's employment.
Addendum
Form E N-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
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John J. Connelly, Jr., Esquire
Attorney I.D. No. 15615
James Smith Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Attorneys for Plaintiff/Petitioner
ERIC S. KROH,
Plaintiff/Petitioner
V.
TAMIVII S. KROH,
Defendant/Respondent
FILED-OFFICE
GF THE PROTHCNOT" RY
2330 DEC -2 PM 2: 5 !
CUMBERLAND CO UNiTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5961
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO TERMINATE ALIMONY
AND NOW, comes the Plaintiff, Eric S. Kroh, by and through his counsel, John J.
Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Petition to
Terminate Alimony as follows:
1. Petitioner is Eric S. Kroh, Plaintiff in the above-captioned action, (hereinafter
referred to as "Petitioner").
2. Respondent is Tammi S. Kroh, Defendant, in the above-captioned action,
(hereinafter referred to as "Respondent").
3. The parties were divorced on August 17, 2004 pursuant to a Decree in Divorce.
A copy of the parties' Decree in Divorce is attached hereto and marked as Exhibit "A".
4. On May 19, 2004, the parties entered into a Marital Settlement Agreement which
was incorporated into the Decree in Divorce. A copy of the parties' Marital Settlement
Agreement is attached hereto and marked as Exhibit "B".
5. Pursuant to paragraph 6 of the parties' Marital Settlement Agreement, Petitioner
is to pay $400.00 per month in alimony to the Respondent.
6. Consistent with paragraph 6 of the parties' Marital Settlement Agreement, said
alimony payments shall terminate upon the death of either party, Respondent's remarriage or
cohabitation.
7. Petitioner believes and therefore avers that since on or about July 19, 2010
Respondent has been cohabitating with Michael Headley and has failed to disclose to the
Petitioner this cohabitation which pursuant to the terms of the parties' agreement terminates
Petitioner's alimony payments to Respondent.
8. On January 9, 2003 an Order of Court was entered pursuant to PACSES Case No.
097104948 providing for the $400.00 payment to Respondent.
9. Petitioner believes and therefore avers that Respondent is no longer eligible for
the $400.00 per month in alimony paid by the Petitioner to the Respondent because of said
cohabitation.
10. Pursuant to Cumberland County Rules of Civil Procedure No. 208.2(d) it is
believed that Respondent is proceeding pro se and does not concur in this Petition.
11. Pursuant to Cumberland County Rules of Civil Procedure No. 208.3(a)(2),
requiring Motions to state whether or not a Judge has ruled upon any other issue in the same or
related matter, there has been no prior involvement by the Court.
12. Because the Respondent failed to notify the Petitioner as to her cohabitation
status, she has been receiving payments since July 19, 2010 in violation of the existing
Agreement. Therefore, the Petitioner requests that the Court refund to him all payments made
subsequent to July 19, 2010.
WHEREFORE, your Petitioner, Eric S. Kroh, requests that the Court terminate his
alimony payments to the Respondent, Tammi S. Kroh, based on her cohabitation. The Petitioner
2
further requests that the Court require that the Respondent to refund all payments received by her
subsequent to July 19, 2010.
Dated: r ?' d By:
Respectfully submitted,
JAMES, SMITH, DIETTERICK
& CONNELLY, LLP
2L
. Conn y, Jr.
15615
rn
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Plaintiff/Petitioner,
Eric S. Kroh
3
VERIFICATION
I, Eric S. Kroh, verify that the statements made in the foregoing pleading 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 unworn falsification to authorities.
Date: 19,-1-10
Eric S. Kroh
?????
Jan. 4. 21;j 11.1 AM
IN TH P. COURT OF COMMON PLEAS
ERIC S. KROH,
Plaintiff
VERSUS
TAMMI S. KROH,
Defendant
DECREE IN
DIVORCE
05:08 PM
AND NOW, August 17 2004 , IT 15 ORDERED AND
OF CUMBERLAND COUNTY
STATE OF PENNA.
NO, 01 - 5961 CIVIL TERM
No- 3,3 P. 2
DECREED THAT Eric S Kroh , PLAINTIF'F,
AND
Tammi S. Kroh
,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RE'T'AINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The attached Marital Settlement Agreement dated May 19, 2004 is
hereby incorporated, but not merged, into this Decree in Divorce.
BY THE COURT;
George E. Hoffer
ATTEST: P .J.
PROTHONOTARY
Certified Copy Issued: August 25, 2 104
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No. 2313 F. 3
MARITAL SETTLEMENT AGREEMENT
B'Y' AND BETWEEN
ERIC S. KROH
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AND
TA CMa S. KROH
John I Connelly, Jr., Esquire
JAMES, SMUIEL DMTTERICK & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
Telephone: (717) 533-3280
Counsel for Eric S. Kroh
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MAMAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ,I,q, day of 2044 by -2?2 -4 1 -L- ) and between ERIC S. KROH, of Cumberland County, Pennsylvania, J TANM S. KROH, of
Cumberland County, Pennsylvania.
vvrMSSETH:
WHEREAS, Eric S. Kroh thereinafter called. "Husband") currently resides at 604A Herrin
Lane, Enola, Cumberland County, Pennsylvania 17025;
WHEREAS, Tammi S. Kroh (hereinafter called "Wife") currently resides at 137 Tory
Circle, Enola, Cumberland County Pennsylvania 17025;
WHEREAS, the parties hereto are husband and wife, having been lawfuny married on
October 28,1989;
V4WHMAS, the parties have lived separate and apart since on or about March 15, 2002;
WHEREAS, tree children were bom of the marriage between the parties, namely, Justin
K Krob, born December b, 1986; Jared A. Kroh, born June 20, 1990; and Cassidy J. Kroh, born
September 22, 2400;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without broitation,
the settling of all matters between, them relating to the ownership of real and personal property, the
support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency, of which is hereby acknowledged by each of the parses hereto, Husband
and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. PERS( NA.L RIGHTS. Husband and Wife may, at all times hereafter, live
separate and apart Each shall be free from all control, restraint, interference and authority, direct or
1
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Jan. 4, 2 AM
indirect by the other. Each may reside at such place or places as he or she may select. Each may,
for his or her separate use or benefit, conduct, carry on or engage in any business, occupation,
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or realign each other, nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere
with the use, owrmmship, enjoyment or disposition of any property now owned by or hereafter
acquired by the other.
2. ADNWE OF COUNSEL. Each party acknowledges that he or she has had the
opportunity to receive independent legal advice from counsel of his or her selection. Husband has
secured legal advice from John J. Connelly, Jr., Esquire, his counsel. Arfe is unrepresented by
counsel and has the right to have the Agreement reviewed by counsel of her choosing. Each party
fully understands the facts and his or her legal rights and obligations, and each party acknowledges
and accepts that this Agreement is, in the cuctmistances, fair and equitable, and that it is being
entered into freely and voluntarily, and that the execution of this Agreement is not the result of any
duress or undue influence, and that it is not the result of any improper or illegal ' agreement or
agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code,
whereby the court has the right and duty to determine all marital rights of the parties including
divorce, alimony, alimony pendente Bite, equitable distribution of all marital property or property
owned or possessed individually by the other, counsel fees and costs of litigation and, fully
knowing the same„ each party hereto still desires to execute this Agreement acknowledging that the
terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives
his and her respective right to have the Court of Common Pleas of Cumberland County, or any
other court of competent jurisdiction, make any determination: or order affecting the respective
parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution,
counsel fees and costs of litigation.
3. DIS!QLOSURF, OF ASSETS, Each of the parties hereto acknowledges that he or
she is aware of his or her right to seek discovery including, but not limited to, written
interrogatories, motions for production of documents, the tale or oral depositions, the filing of
2
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inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Mules of Civil Procedure. Each of the parties further admowledges that he or she has
had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law
and each is aware of his or her right to have the real and/or personas property, estate and assets,
exmm and income of the other assessed or evaluated by the courts of this Commonwealth or any
other court of competent jurisdiction. The parties do hereby acknowledge that there has been, full
and fair disclosure to the other of his or her respective income, assets and liabilities, whether such
are held jointly, in the name of one party alone or in the name of one of the patties and another
individual or individuals. Each panty agrees that any right to further disclosure', valuation, appraisal
or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties
do not wish to make or append hereto any farther enumeration or statement. Specifically, each
party waives the need for copies of bank statements, insurance policies, retirement plan statements
or any other documentation. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair, reasonable and equitable, and is saatisfactmT
to them. Each of the parties hereto *Lrther covenants and agrees for himself and herself and his or
her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or assigns in any action of contention,
direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that
there was any fraud, duress, undue influence or that there was a failure to have available £ull, proper
and independent representation by legal counsel.
4. NIiJTU 1L CONSENT DIVORCE. It is the intention of the parties, and the
parties agree, that by this Agreement they have resolved all ancillary economic issues related to the
dissolution of their marriage and thus any divorce action with respect to these parties shall be
limited to a claim for divorce only. Husband has filed a Divorce Complaint in the Court of
Common Pleas Cumberland County, Pennsylvania, indexed to No. a1-5961. The parties agree that
they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry
of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely
3
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fashion. Upon completion of the divorce action, counsel for Husband shall supply Wife with a
copy of the Decree.
5. EQ?UITART,F Y?ISTIlSt1'I'IU1'1.
A. Rsai Estate The parties were previously the joint owners of a property located
at 604A Herrin Lane, Enola, Cumberland County, Pennsylvania. In May of 2002, Husband
refinanced the said property and paid to Wife the sum of $8,000.00 representing her equitable
distribution of the marital real estate. This payment to Wife tools into account the assumption of
significant debt which is more particularly set forth herein. Subsequent to the refinancing, Wife
has transferred title to the aforementioned residence to Husband individually and agrees that she
will make no further claim to the property Husband agrees to indemnify and hold Wife
harmless on any obligations relating to the properly which is now titled in his name individually.
Thera is currently a mortgage against the property in Husband's name only in the approximate
amount of $142,000.00 payable to Wells Fargo.
B. 1 AMMshka and Personalty, The parties agree that they have divided by
agreement between themselves all furnishings and personalty located in the Marital Residence,
including all :Cituire, fCUrnishings, antiques, jewelry, rugs, carpets, household appliances and
equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings
and personalty currently in his possession, free and clear of any right, title, claim and/or interest
of Wife and Wife shall retain all items of furnishings and personal property currently in her
possession as her sole and separate property free and clear of any right, title, claim and/or interest
of Husband..
C. Motor Vehicles. At the time of the separation of the parties, Husband retained
ownership of the 1994 Pathfinder which he has since traded. Wife retained ownership of the
2002 Cavalier which she also has traded for a new vehicle. Both parties shall retain the proceeds
of the vehicles identified herein, traded by the respective party.
D. life Insurance_ Each of the parties are owners of life insurance policies
through Prudential. The said policies are being retained by the individual who is the named
owner including any cash values contained in the policies.
4
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E. Peusiion and Retirement Benefits. Husband is the owner of a 401(k) through
his employer, Verizon Wireless, which shall remain his sole and separate property. At the time
the parties separated, Wife did not have a pension plan. At the current time, she has pension
benefits through her employer, Highmark, which shall be retained by her as her sole and separate
lope ty.
F. Miscellaneous property. As of the execution date of this Agreement, any and
all property not specifically addressed herein shall be owned by the party to whom the property is
titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of
sale to evidence the transfer of any and all rights in such property from each to the other.
G. Property to wife. The parties agree that Wife shall own, possess, and enjoy,
free from any claim of husband, the property awarded to her by the terms of this Agreement.
Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and
relinquishes any and all rights thereto, together with any insurance policies covering that
property, and any escrow accounts relating to that property. This Agreement shall constitute a
sufficient bill, of We to evidence the transfer of any and all rights in such property from Husband
to Wife.
H. ProueM to Husband. The parties agree that Husband shall own, possess,
and enjoy, free from any claim of Wife, the property awarded to him by the terms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any, and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from "Wife to
Husband,
L Marital Debt. Husband has assumed all marital debt of the parties including,
but not limited to, Waypoint Visa, MBNA Visa, a home equity loan with Waypoint Batik which
was paid off at the initial refinancing in May of 2002 and the personal loan at M&T Bank.
Husband has paid off all marital debt with the exception of the balance on the Waypoint Visa
5
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which currently is approximately $6,500.00. As to the unpaid Waypoint Visa balance, Husband
agrees to indemnify and hold Wife harmless on the said obligation.
J. LiAbUlt not L4stad. Each party represents and warrants to the other that he
or she has not incurred any debt, obligation or other liability, other than those described m this
Agreement, on which the other party is or may be liable. A liability not. disclosed in this
Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it,
and such party agrees to pay it as the same shall become due, and to indemnify and hold the other
party and his or her property harmless from any and all debts, obligations and liabilities.
K. hae aMeadon of wife. If any claim,, action or proceeding is hereafter
initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this
Agreement, Husband will, at his sole expense, defend 'Srijife against any such claim, action or
proceeding, whether or not well-founded., and indemnify her and her property against any
damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
L. b!! emni$catiou of Husband. If any claim, action or proceeding is hereafter
initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this
Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or
proceeding, whether or not well-founded, and indemnify him and his property against any
damages or loss resulting therefrom, includiag, but not limited to costs of court and actual
attorney's fees incurred by Husband in connection therewith.
Ni. Warraaaty as to Future Oblig_z tious. Husband and Wife each represents and
warrants to the other that he or she will not at any time in the future incur or contract any debt,
charge or liability for which the other, the other's legal representatives, property or estate may be
responsible. From the date of execution of this Agreement, each party shall use only those credit
cards and accounts for which that party is individually liable and the parties agree to cooperate in
closing any remaining accounts which provide for joint liability. Each party hereby agrees to
indemnify, save and hold the other and his or her property harmless from any liability, loss, cost
or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof.
6
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M No. 2„ ?.? .?
id11. 4, 2t'I?J 1. 2' ?.
6. SUPPORT/ALIMONY. Except as provided below, Husband and Wife hereby
expressly waive, discharge and release any and all rights and claims which he or she may have
now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal
support and/or maimenance or other like benefits resulting from the parties' status as husband
and wife. Except as provided herein, the parties further release and waive any rights they may
have to seek modification. of the terms of this paragraph in a court of law or equity, it being
understood that the foregoing constitutes a final determination for all time of either party's
obligation to contribute to the support and maintenance of the other.
There is currently a Support Order in place through the Court of Common Pleas,
Cumberland County, Pennsylvania, indexed to PACSES No. 097104948 in the amount of
$1,142.82 per month representing $386.84 per month in spousal support for Wife and $755.98 in
child support for Cassidy J. Kroh. The child support payment for Cassidy takes into account the
fact that Husband has custody of the parties minor children, Justin M. Kroh and Jared A. Kroh.
This payment of child support also takes into account the daycare expense for Cassidy. Beginning
June 1, 2004, Husband agrees to pay to wife the stun of $400.00 per rrronth in alimony. Husband
will take steps through his counsel to have the Support Order modified to delete spousal support
and enter the Alimony Order as aforementioned effective June 1, 2004. The child support payment
will remain $'755.98 per month. In addition to the aforementioned child support, Husband will pay
to Wife, within ten (10) days of receipt, 17.7% of any net bonus received by lain from his
employer. These payments shall be made to Wife directly and shall include documentation of
Husband's gross bonus and his net bonus in order that Wife may confirm the 17.7% figure is
accurate. Any provisions regarding the payment of bonus contained in the existing Order of Court
shall be terminated and replaced by these provisions.
The said alimony payments shall terminate upon the death of either party, Wife's
remarriage or cohabitation.. In addition, all alimony payments paid pursuant to this paragraph are
to be deducted by Husband on his federal income tax returns and claimed by Wife as income on
her federal income tax returns.
7
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? 2;13 1. '1
The child support and alimony payments shall be subject to modification or temsnation
based on a change in circumstances, which would include, but not be limited to, the amount of
the payment, daycare contribution, medical insurance contribution or percentage of bonus
payments. In no event, shall the alimony award be modified to include any percentage of
Husband's bonus. The percentage of bonus payments shall only apply to child support in the
event of modification.
7. WA _ER OF E4HF= T'ANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any txust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
8. WAVER OF BgI FICIARY DESIGNATION. Unless otherwise specifically
set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights
and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a
beneficiary designation which belongs to the other party under the terms of this Agreement,
including, but not limited to, pensions and retirement plans of any sort or nature, deferred
compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay
checks Qr any other post-death distribution scheme, and each party expressly states that it is his
and her intention to revoke by the terms of this Agreement any beneficiary designations naming
the other which are in effect as of the date of execution of this Agreement. If and in the event the
other party continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
9. RELEASE OF CLAIMS.
A. Wife and Husband acknowledge and agree that the property dispositions
provided for herein constitute an equitable distribution of their assets and liabilities pursuant to
S
nl/AU/9n1n 11•990M
L
Jen. 4, 2 12'1 No. 23 3 2
§3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their
property except as provided for in this Agreement. Furthermore, except as otherwise provided
for in this Agreement, each of the parties hereby specifically waives, releases, renounces and
forever abandons any claim, right, title or interest whatsoever he or she may have in property
transferred to the other party pursuant to this Agreement or identified m this Agreement as
belonging to the other party, and each party agrees never to assert any claim to said property or
proceeds in the future. The parties have divided between them to their mutual satisfaction,
personal effects, household goods and furnishings and all other articles of personal property which
have heretofore been used in common by them, and neither party will make any claim to any such
items which are now in the possession or under the control of the other. Should it become
necessary, each party agrees to sign any title or documents necessary to give effect to this
paragraph, upon request. However, neither party is released or discharged from any obligation
under this Agreement or any instrument or document executed pursuant to this Agreement.
Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other,
all items of personal property, tangible or intangible, acquired by him or her from the execution
date of this Agreement with full power in him or her to dispose of the same fully and effectively
for all purposes.
B. Each party hereby absolutely and unconditionally releases and forever
discharges the other and the estate of the other for all purposes from any and all rights and
obligations which either party may have or at any time hereafter has for past, present or future
support or maintenance, alimony pendente late, alimony, equitable distribution, counsel fees,
costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of
the marital relationship or otherwise, including all rights and benefits under the Pennsylvania
Divorce Code of 1930, its supplements and amendments, as well as under any other law of any
other jurisdiction, except and only except all rights and obligations arising under this Agreement
or for the breach of any of its provisions. Neither party shall have any obligation to the other not
expressly set forth herein.
9
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d (1. 4. 20 1 L'. Aiyl
C. Except as set forth m this Agreement, each party hereby absolutely and
unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and ail rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or &tare acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance,
or under the intestate laws or the right to tape against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory of the United States, or any other country.
D. Except for the obligations of the patties contained in this Agreement and
such rights as are expressly reserved herein, each party gives to the other by the execution of this
Agreement an absolute and unconditional release and discharge from all causes of action; claims,
rights or demands whatsoever in law or in equity, which either party ever had or now has against
the other.
10. PRESERVATION OF RECORDS. Each party will keep and preserve for a
period of four (4) years from the date of their divorce decree all financial records relating to the
marital estate, and each party will allow the other party access to those records in the event of tax
audits.
11. MOUHICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
12. SEVERA1 ELITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in ful1 force and effect without being impaired or invalidated
in any way.
13. RR CH. If either petty hereto breaches any provision hereof, the other party
shall have the right, at his or her election, to sue for damages for such breach, or seek such other
10
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A .1 .. d 2313 P. .4
remedies or relief as may be available to him or her. The non breaching party shall be entitled to
recover from the breaching party all costs, expenses and legal fees actually incurred in the
enforcement of the rights of the non-breaching party.
14. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
15. NOTICE. Any notice to be given under this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Eric S. Kroh
604A Herrin Lane
Enola, PA 17025
and to Wife, if made or addressed to the following:
Tammi S. Kroh
137 Tory Circle
Enola, PA 17025
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
16. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement;
17. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement
11
n1 lnul9n1 n 11-990M
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18. EFF',CTM DATE. This Agreement shall become effective and binding upon
both parties on the execution date.
19. EFFECT OF RECONCH IATION2 COHABITATION OR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated even if the parties
effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This
Agreement also shall continue in full force and effect in the event of the parties' divorce. There
shall be no modification or waiver of any of the terms hereof unless the parties in writing execute
a statement declaring this Agreement or any terra of this Agreement to be null and void.
20. HEARINGS NOT PART OF AGREEMENT. Any headings preceding the text
of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
21. AG EMEl?i'I' BINDING ON PARTIES AND HEIRS. This Agreement shall
bind the parties hereto and their respective heirs, executors, administrators, legal representatives,
assigns, and successors in any interest of the parties.
22. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully
read this Agreement; that he or she has discussed its provisions with an attorney of his or her
own choice, and has executed it voluntarily and in reliance upon his or, her own attorney, and that
this instrument expresses the entire agreement between the parties concerning the subjects it
purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
23. MUTUAL COOPERATION, Each party shall, on demand, execute and deliver
to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations,
tax retim, and other documents, and shall do or cause to be done every other act or thing that
may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If
either party unreasonably fails on demand to comply with these provisions, that party shall pay to
12
01/0412010 11-29AM
?; . 2F2(l ,a 2.
the other party all attorney's fees, costs, and other expenses actually incurxed as a result of such
failure.
24. AEG EMXNT NOT TO MERGED. This Agreement may be incorporated
into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into
said decree. The parties shall have the right to enforce this Agreement under the Divorce Cade
of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not
waived or released.
IN VaMSS WIUMEOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
S E h
I ?eA
WITNESS
. h
Tammi S. Kxoh
13
01/04/2010 11:22AM
ERIC S. KROH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 01-5961
TAMMI S. KROH, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for
the Plaintiff, Eric S. Kroh, hereby certify that I have served a copy of the foregoing Petition on the
following on the date and in the manner indicated below:
VIA U.S. MAIL, FIRST CLASS, PRE-PAID
Tammy S. Kroh
P.O. Box 44
Summerdale, PA 17093
jJAMES, SMITH, DIETTERICK
Dated: r 1 By:
& CONNELLY, LLP
Jo 6J.o elly, Jr.
5615
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Plaintiff
DEC 0 5210
J
ERIC S. KROH, : IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA o
v : NO. 01-5961
`aco a
KROH
TAMMI S
: CIVIL ACTION - LAW nr- ?rn
?o
,
.
Defendant/Respondent : IN DIVORCE --4 o
o-
n
Zc)
RULE TO SHOW CAUSE C)
0
9
day of
AND NOW, this
2010, upon consideration of the
foregoing Petition, it is hereby ORDERED that:
(1) A Rule is issued upon the Defendant, Tammi S. Kroh, to show cause why the
Plaintiff, Eric S, Kroh, is not entitled to the relief requested;
(2) Defendant, Tammi S. Kroh, shall file an Answer to the Petition within V?bdays of
this date;
(3) A hearing shall be held on they v day of 20L I , at /• P
a.m./K, in Courtroom No. , of the Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania, before the Honorable
By the Court,
J.
Di ' ution:
ohn J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033
,,-Tammi S. Kroh, P.O. Box 44, Summerdale, PA 17093
es /Yt?3 [
,x,14 j?d
I
John J. Connelly, Jr., Esquire
Attorney I.D. No. 15615
James Smith Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Attorneys for Plaintiff
ERIC S. KROH,
Plaintiff
V.
TAMMI S. KROH,
Defendant
FILED-OFFICE
4, _? '..r i
"' THE FRS? i I1010 TriPY
2a'10 DEC 29 PM 2* 39
13EN'N,SYLVANIi
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5961
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION OF THE PARTIES REGARDING ALIMONY
THIS STIPULATION is made this day of 2010, by and
between ERIC S. KROH, hereinafter referred to as 'Plaintiff', and TAMMI S. KROH, hereinafter
referred to as "Defendant".
WHEREAS, the parties entered into a Marital Settlement Agreement on May 19, 2004
which was incorporated in a Divorce Decree dated August 17, 2004; and
WHEREAS, Plaintiff filed a Petition to Terminate Alimony pursuant to paragraph 6 of the
aforementioned Marital Settlement Agreement alleging that Defendant has been cohabiting and
therefore is no longer entitled to alimony; and
WHEREAS, the parties have agreed to terminate the alimony payments effective January 1,
2011.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties
stipulate and agree as follows:
The current Alimony Order in the amount of $400.00 per month indexed to
PACSES Case No. 097104948 shall terminate effective January 1, 2011.
2. The parties further stipulate that there is no longer a need for hearing on the
Plaintiff s Petition to Terminate Alimony therefore the contents of the Court's Rule to Show
Cause dated December 8, 2010 will be voided by the subsequent Order of Court attached hereto.
A copy of the Court's Rule to Show Cause dated December 8, 2010 is attached to this Stipulation
as Exhibit "A".
3. A copy of this Stipulation shall be provided to the Domestic Relations Office in
order for the alimony payments to terminate pursuant to this Stipulation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
WITNESS:
squi
J hn J. Co elly, Jr.4oh
tt ey for ,,Eric S. nc S. Kroh
W ESS:
d
Tammi S. Kroh
EXHIBIT "A"
ERIC S. KROH,
Plaintiff/Petitioner
V.
TANM S. KROH,
Defendant/Respondent
DEC 0 62010
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5961
CIVIL ACTION - LAW
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW this 94*day of _
Dp?, 2010, upon consideration of the
foregoing petition, it is hereby ORDERED that:
(1) A Rule is issued upon the Defendant, Tam ni S. Kroh, to show cause why the
Plaintiff, Eric S, Kroh, is not entitled to the relief requested;
2 Defendant, Tammi S. Kroh, shall file an Answer to the Petition within ?!Pdays of
this date; ? 7r? G .30
(3) A hearing shall be held on theO day of 201 , at ?•
a.m./Vul in Courtroom No. , of the Cumberland County Courthouse, One Courthouse
.?
Square, Carlisle, Pennsylvania, before the Honorable '
By the Court,
J.
Distribution:
John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033
Tammi S. Kroh, P.O. Box 44, Summerdale, PA 17093
DEC ERIC S. KROH,
Plaintiff
V.
TAMMI S. KROH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5961
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this 3d-day of 2014, based on the Stipulation
attached hereto, it is hereby ORDERED and DECREED as follows:
(1) The Alimony Order indexed to PACSES Case No. 097104948 in the amount of
$400.00 per month is terminated effective January 1, 2011.
(2) This Court's Order Rule to Show Cause dated December 8, 2010 is vacated and
the hearing scheduled for February 28, 2011 at 9:30 a.m. is canceled.
By the Cow
J.
Distribution:
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onne
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50, Hershey, PA 17033
Tammi S. Kroh, P.O. Box 44, Summerdale, PA 17093
Cumberland County Domestic Relations Office -
> W a
--I r7l
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT D1- 5q tL I C- 1;' IL
State Commonwealth of P nncylvania 1) O q-7 04q 4- QOriginal Order/Notice .
CO./City/Dist.Of CT7NIBERLAND 049,s.
Date of Order/Notice 01/04/11 XQAmended Order/Notice
Case Number (See Addendum for case summary) QTerminate Order/Notice
QOne-Time Lump Sum/Notice
Employer/Withholder's Federal EIN Number RE: KROH, ERIC S.
VERIZON WIRELESS
Sent Electronically
DO NOT MAIL
Employee/Obligor's Name (last, First, MI)
184-60-1960
Employee/Obligor's Social Security Number
5778101054
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.
$ 550.00 per month in current child support
$ o. oo per month in past-due child support Arrears 12 weeks or greaterl e L2
&no
$ 0.00 per month in current medical support Q y -- 1W
_
$ o . oo per month in past-due medical support
$ 0 . oo per month in current spousal support ? Z Z 'Q -
$? x r}_
o . o o per month in past-due spousal support
ate'
$ o . o o per month for genetic test costs - mot-, to
$ o . oo per month in other (specify)
$ one-time lump sum payment-_'_ CO (-
for a total of $ 550.00 per month to be forwarded to payee below. r
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
support payment cycle, use the following to determine how much to withhold:
$ JAL-,. 9A per weekly pay period.
$ 275. oo per semimonthly pay period
$ X53-?? per biweekly pay period (every two weeks). $ 550.00 (twice a month).
_ per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working,days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic navme it method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
By THE COURT: KEVIN A HESS
Service Type M OMB No.: 097"154 Form EN-428 Rev.1
Worker I D $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
If heck a required to provide a?opy of this form to your em loyee. If yo y employee works in a state that is
dit?ferent froyoumtherestate that issued this or er, a copy must be providedpto your If emp yoy ee even if the box is not cheCKed.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the. law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support 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 e tent against
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. 2233728890
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : C] THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: C7
EMPLOYEE'S/OBLIGOR'S NAME: KROH, ERIC S .
EMPLOYEE'S CASE IDENTIFIER: 5778101054
LAST KNOWN HOME ADDRESS: DATE OF SEPARATION:
LAST KNOWN PHONE NUMBER:
NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT
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
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, principal place of
local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposabncome if the obligor s
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.
1 1. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions,
13 N. HANOVER ST contact WAGE ATTACHMENT UNIT
P.O. BOX 320 by telephone at (717) 240-6225 or
CARLISLE PA 17013 by FAX at (717) 240-6248 or
Service Type M
Page 2 of 2
OMB No.: 0970.0154
by internet www.childsupport.state. pa us
Form EN-428 Rev.1
Worker ID $IATT
ADD- E- N- DUM
Summary of Cases on Attachment
Defendant/Obligor: KROH, ERIC S.
PACSES Case Number 097104948
Plaintiff Name
TAMMI S. KROH
Docket Attachment Amount
00927 S 2002 $ 550.00
Child(ren)'s Name(s):
CASSIDY J. KROH DOB
09/22/00
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s):
DOB
PACSES Case Number
PlaintiNam
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Service Type M Addendum
Form EN-428 Rev.1
OMB No.: 0970-0154 Worker ID $IATT
ERIC S. KROH,
Plaintiff
VS.
TAMMI S. KROH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 01-5961 CIVIL TERM
IN DIVORCE
PACSES CASE: 880107597
ORDER OF COURT
AND NOW to wit, this 4th day of February, 2011, it is hereby Ordered that
3
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rn
00
1
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zG c
the Domestic Relations Section dismiss their interest in the above captioned Alimony matter
pursuant to the Order of January 3, 2011 terminating the Alimony obligation effective January 1,
2011.
This Order shall become final twenty (20) days after the mailing of the notices of the
entry of the Order to the parties unless either party files a written demand with the Office of the
Prothonotary for a hearing de novo before the Court.
BY THE COURT:
Edward E. Guido, J.
DRO: R.J. Shadday
xc: Petitioner
Respondent
James J. Connelly, Jr., Esq.
Form OE-001
Worker: 21005
Service Type: M