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HomeMy WebLinkAbout07-3391KARL THORN, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 0'7 - 3391 ?va??-- MICHELE L. THORN, CIVIL ACTION - LAW Defendant. IN DIVORCE N O T I C E 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, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 KARL THORN, JR., Plaintiff, VS. MICHELE L. THORN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d *7• 3J,?t : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff KARL THORN, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 67-j39[ out C, MICHELE L. THORN, CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KARL THORN, JR., by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is KARL THORN, JR., an adult individual who currently resides at 790 Dogwood Terrace, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. All legal papers can be served on Plaintiff through his attorney, Lesley J. Beam, Esquire, at Kope & Associates, LLC, 4660 Trindle Road, Suite 201, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The Defendant is MICHELE L. THORN, an adult individual who currently resides at 790 Dogwood Terrace, Boiling Springs, Cumberland County, Pennsylvania, 17007. 4. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on May 12, 2001, in Maple Shade, Burlington County, New Jersey. 6. The Parties separated on May 14, 2007, when the parties expressed their intent to divorce, and Plaintiff began sleeping and living out of a separate room of the marital residence, from which time the parties have been living separate and apart within the home. 7. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 9. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 17. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 18. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully Submitted, KOPE & ASSOCIATES Date: (d / 7 - Lesley ea 4 - j I I ? Esq. VERIFICATION I, Karl Thom, Jr., the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: XJr-..;?L Karl Tho yo N ? °e 0 1 'T3 -•r -? C7 -- _ CJ ?'? DTI KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com KARL THORN, JR., Plaintiff, vs. MICHELE L. THORN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3391 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Michele Thom, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce. Date: Aichele `n r t?.7t ' ' ? it r v , KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com KARL THORN, JR., Plaintiff, vs. MICHELE L. THORN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3391 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Karl Thorn, Jr., Plaintiff, and states that service of the Divorce Complaint in this matter was made by him upon Defendant, Michelle L. Thorn, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 2131, Return Receipt Requested on June 11, 2007, to her mailing address, at 790 Dogwood Terrace, Boiling Springs, PA 17009 which mail was received by Defendant on June 13, 2007, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. LEYJBEAM, Esq. rn / r Plaintiff V a > E"m o?m9E pU yM Tm N 'C p " f O) pov O' U ciQ ?o Et cc N C 4 O r lII ? ?.. N 0 FFm mcr-7 3r av>,?s E?c?mo 02 0 0 `o ¦ 0 ¦ v E o t?¢U ? ? ? m ? z > v 0 Q ? O ? V V v ? ?S m r Q ? J U ca ra m ra rU C3 Ul 0 0 O 0 r-'l Ln ru 0 0 N 7 ` Z? m N a E 0 x 8 a O N 2 m LL OD M CL : LiLL fit W 2E22 05" 2000 0TS2 + 002. 4 K O P E ASSOCIATES LAW OFFICES LLC June 11, 2007 VIA REGULAR AND CERTIFIED MAIL Michele Thorn 790 Dogwood Terrace Boiling Springs, PA 17007 Re: Thorn v. Thorn No. 07-3391 Dear Ms. Thorn, I represent,Karl Thorn, Jr. in the above referenced matter for divorce. Enclosed and. served upon you is the Divorce Complaint filed with the Cumberland County Court of Common Pleas. I am sending these papers to you directly because I have no information that you are represented by an attorney. I am also enclosing an Acceptance of Service for this Complaint Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service or sign the receipt for the certified letter, this office will have to officially serve this Complaint by Sheriff at your place of residence. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Mr. Thorn. Thank-you for your kind attention to this matter. Sincerely, Kope &AAssociates, LLC sley J. Be , Enclosure Cc: Karl Thorn, Jr. Smart Representation 4660 Trindle Road ¦ Suite 201 a Camp Hill, PA 17oii P ?n'7 7`il 7c79 ¦ F •n9.7911 -Yr" ¦ lrnnolo\11 nnm (? ' `J t- _ `?? --J t.....? ? .,? .aw_; f77 ?::s; ?. -_ ? ?? ? f `. .... ? i, 3 q? CJ7 ?G KOPE & ASSOCIATES, LLC BY LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com KARL R. THORN, JR., Plaintiff, vs. MICHELE L. THORN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3391 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, KARL R. THORN, JR., moves this court to appoint a Master with respect to the following claims: Equitable Distribution of Marital Property and in support of his motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. Defendant, Michele L. Thorn, is represented by Jane Adams, Esquire, 64 S. Pitt Street, Carlisle, Pa 17013. 3. The statutory grounds for divorce in this matter are those set forth in section 3301(c) of the Divorce Code. 4. The action is contested with respect to Plaintiff's claims for equitable distribution of the parties' marital property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. WHEREFORE, Plaintiff, Karl R. Thorn, Jr. respectfully requests that the court appoint a master with respect to his claim for Equitable Distribution of Marital Property. Respectfully Submitted, KOPE & ASSOCIATES, LLC By;, -Beam, Esquire for Plaintiff Dated: ?111?36 0% VERIFICATION I, Karl R. Thom, Jr., the Plaintiff in this matter, have read the foregoing Motion for Appointment of a Master. I verify that my averments in this Motion are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: -?',p2oo? Karl R. Thorn, Jr. KOPE & ASSOCIATES, LLC BY LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff KARL R. THORN, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-3391 MICHELE L. THORN, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 16, day of 2008, 1 served a true and correct copy of the foregoing Motion to Appoint a Master via regular U.S. First Class mail, postage prepaid, addressed as follows: Jane Adams, Esquire 64 S. Pitt Street Carlisle, PA 17013 KOPE & AS§OCIATE;, LLC By: L-OWUY - ea , tsq. . 91 06 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 n eo c- KOPE & ASSOCIATES, LLC BY LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com KARL R. THORN, JR., Plaintiff, VS. MICHELE L. THORN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3391 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF KARL R. THORN, JR. PART I. INCOME A. EMPLOYMENT INFORMATION EMPLOYER Donald L. DeMuth Professional Mana ement Consultants ADDRESS 940 Century Drive, Mechanicsburg, PA 17055 POSITION Senior Accountant PAY PERIOD Semi Monthly B. EMPLOYMENT INCOME: DESCRIPTION HUSBAND Month) WIFE Gross Pa Per Month $4,791.66 FICA $297.08 Medicare $69.48 Federal Tax $700.00 State Tax $147.10 Local Tax EIT & EIDT $81.00 PA Unem to ent $2.88 Mandatory Retirement $287.50 SUBTOTAL $3,206.62 Dependant Life Enhanced Medical Pre Tax Dental $46.58 Pre Tax Vision Supplemental Life Group Term Life Charity Child Support $710.00 NET PAY PER MONTH $2,450.04 C. EXPENSES: DESCRIPTION HUSBAND WIFE HO EXPENSES Rent $500.00 First Morta e Second Morta e/Home Equity Loan Maintenance and Repairs Electric Gas Oil Telephone $87.00 Water Sewer F ra a $95.00 PLOYMENT Public Transportation Lunches $40.00 Other Employment Expenses TAXES Real Estate Taxes Personal Property Incomes Taxes Not Withheld Per Capita/Occupation Taxes $1.67 INSURANCE Homeowners DESCRIPTION HUSBAND WIFE Automobile Insurance $63.62 Accident Insurance Health Insurance Prescri tion Benefit AUTOMOBILE EXPENSES Payments $374.00 Fuel $250.00 Maintenance and Repair $66.67 License and R istration $3.00 MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE Doctor $8.33 O tical $10.00 Dental Orthodontic Hospital Medicine Special Needs/Thera EDUCATIONAL EXPENSES Private School Parochial School College/Vocational Religious Training or Education VERIFICATION I, Karl R. Thorn, Jr., the Plaintiff in this matter, have read the foregoing Income and Expense Statement. I verify that my statements are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities. Dated: O? 00? OY? Karl R. om, Jr. w ti r.? KOPE & ASSOCIATES, LLC BY LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com KARL R. THORN, JR., Plaintiff, Vs. MICHELE L. THORN, Defendant. JUL 0 7 2008 Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3391 : CIVIL ACTION -LAW : IN DIVORCE ORDER AND NOW, this day of , 2008, 0• (g U a .. , Esquire, is appointed mater with respect to the following claims: Equitable Distribution. By t ourt: Y ? Gvi, J. N co IL 040 KARL THORN, JR. vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 3391 Civil Term MICHELE L. THORN, Defendant : ACTION IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Michele L. Thorn, is a competent adult individual, who resides at 1397 Creek Road, Apt. C, Boiling Springs, Pa. 17007. 2. Petitioner's date of birth is 2/12/72 and her social security number will be provided separately to Domestic Relations. 3. Respondent, Karl Thorn, Jr., is a competent adult individual, whose address is 9 Essex Drive, Carlisle, Pa., 17015. 4. Respondent's date of birth is 2/8/69 and his social security number will be provided separately to Domestic Reltaions. 5. A divorce complaint which contained claims for Divorce and Equitable Distribution was filed under under the above-captioned docket number on June 7, 2007, under the above-captioned docket number. 6. A petition for added claims containing claims for Alimony and Alimony Pendente Lite was filed contemporaneously with this Petition. WHEREFORE, Petitioner requests that the Court Order Alimony Pendente Lite. Date: g/p osS Respectfully submitted, ?ane Adams, Esquire I.D. No. 79465 17 West South Street Carlisle, PA 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT K r-r-f , r n 4 . v 04 KARL THORN, JR. vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. THORN, Defendant : No. 07 - 3391 Civil Term ACTION IN DIVORCE DEFENDANT'S PETITION FOR ADDITIONAL CLAIMS AND NOW COMES, Defendant, Michelle L. Thorn, by and through her Attorney, Jane Adams, Esquire, and respectfully represents the following: COUNT I -ALIMONY 1. Petitioner is Michele L. Thorn, who is Defendant in a divorce action filed under the above-captioned number. Her address is: 1397 Creek Road, Boiling Springs, Pa. 17007. 2. Respondent is Karl Thorn, Jr., who currently resides at 9 Essex Drive, Carlisle, Pa. 17015. 3. The parties were married on May 12, 2001. 4. On June 7, 2007, Plaintiff filed an action in Divorce under the above- captioned number. 5. The parties separated May 7, 2007. 6. Defendant is unable to support herself in accordance with the standard of living the parties established during the marriage through appropriate employment. 7. The Plaintiff enjoys a substantial income from which he is able to contribute the support and maintenance of Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defend ant/Petitioner requests this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. «.. COUNT II - ALIMONY PENDENTE LITE 8. Paragraphs 1-7 are incorporated herein by reference. 9. Defendant lacks sufficient property to provide for her reasonable means and her needs during the course of this litigation and is unable to support herself through appropriate employment. 10. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during marriage. 11. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, the Defendant requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. Respectfully submitted, Date: j l 6T Jpne Adams, Esquire D. No. 79465 17 West South Street Carlisle, PA 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this PETITION FOR ADDED CLAIMS are true and correct. I understand that false statements herein are made subject to the penalties of 18. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: V// chele If. Thorn, Defendant A ?ni ?' cs arao C= - c x rye aD r (j D + ]c. d t a OD :C; 3 rn crt -c I 1 10 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELE L. THORN ) Docket Number 07-3391 CIVIL Plaintiff ) VS. ) PACSES Case Number 973110246 KARL R. THORN JR ) Defendant ) Other State ID Number ORDER OF COURT You, MICHELE L. THORN plaintiff/defendant of APT C, 1397 CREEK RD, BOILING SPRINGS, PA. 17007-9657-75 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the AUGUST 19, 2008 at 8: 3 0AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 s A ,r. THORN PACSES Case Number: 973110246 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: -13 -(20 0 ¦ rr JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V • THORN CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. 1 Worker ID 21302 O G C y" 'Lt C ' 'i' rn r G .,L3 w C) - s t W ?' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELE L. THORN ) Docket Number 07-3391 CIVIL Plaintiff ) vs. ) PACSES Case Number 973110246 KARL R. THORN JR ) Defendant ) Other State ID Number ORDER OF COURT You, KARL R. THORN JR 790 DOGWOOD TER, BOILING SPRINGS, PA. 17007-9630-90 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the AUGUST 19, 2008 at 8: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-509 Rev. 1 Service Type M Worker ID 21302 4 THORN V. THORN PACSES Case Number: 973110246 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker ID 21302 i rnr? ? m MICHELE L. THORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION KARL R. THORN, JR., PACSES NO. 025109371 Defendant DOCKET NO. 644 SUPPORT 2007 KARL R. THORN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MICHELE L. THORN, : PACSES NO. 973110246 Defendant/Petitioner : DOCKET NO. 07-3391 CIVIL INTERIM ORDER OF COURT AND NOW, this 22nd day of August, 2008, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The interim order entered July 8, 2008 is vacated. B. Effective June 10, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his daughter, Katlynn Thorn, born September 25, 2003, the sum of $1,040.00 per month. C. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $30.00 per month on arrears. D. Any and all sums paid heretofore by the Husband on PACSES Case No. 025109371 shall be applied as child support. E. The Husband shall provide health insurance coverage for the benefit of said child as is available to him through employment or other group coverage at a reasonable cost. F. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed' medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 3 1St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 67% by Husband and 33% by Wife. G. The Husband shall be entitled to claim said child as a dependency exemption for tax year 2008, and Wife shall execute and deliver to him in a timely fashion any and all documentation required by the Internal Revenue Code to effectuate said exemption. H. Effective August 11, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $245.00 per month. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL iCONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall confbrm with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, N t ?J4 M. L. Ebert, Jr., J. Cc: Michele L. Thorn Karl R. Thorn, Jr. Lesley J. Beam, Esquire For the Defendant/Petitioner Jane Adams, Esquire For the Plaintiff/Respondent DRO MICHELE L. THORN, Plaintiff V. KARL R. THORN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 025109371 DOCKET NO. 644 SUPPORT 2007 KARL R. THORN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MICHELE L. THORN, : PACSES NO. 973110246 Defendant/Petitioner : DOCKET NO. 07-3391 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on August 19, 2008, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in the support action and the Petitioner in the claim for alimony pendente is Michele L. Thorn, who resides at 1397 Creek Road, Boiling Springs, Pennsylvania; she will hereafter be referred to as "the Wife." 2. The Defendant in the support action and the Respondent in the claim for alimony pendente lite is Karl R. Thorn, Jr., who resides at 9 Essex Drive, Carlisle, Pennsylvania; he will hereafter be referred to as "the Husband." 3. The parties are married. 4. The parties are the parents of Katlynn Thorn, a minor child born September 25, 2003. 5. By order dated September 4, 2007 the Husband's support obligation for said child was set at $710.00 per month. 6. On June 10, 2008 the Wife filed a petition for modification of the support order. 7. On June 7, 2007 the Husband filed a complaint for divorce. EXHIBIT "A" 8. On August 11, 2008 the Wife filed a petition for alimony pendente lite.' 9. In September, 2007 the Wife was employed by KinderCare Learning Center and had a net monthly income of $1,347.18.2 10. Because she was an employee of KinderCare the Wife received a 50% reduction in her childcare expense and paid only $75.00 per week. 11. In January, 2008 the Wife changed her employment to Keystone Community Services. 12. On February 1, 2008 the parties entered into a one-year contract to enroll their daughter in Cherub Montessori Center at an annual cost of $8,280.00 paid in monthly installments of $690.00. 13. The parties sold the marital residence on January 28, 2008. 14. A deficiency of $10,189.00 was paid by the Husband to facilitate the sale of the house. 15. The Husband has physical custody of his daughter on three overnights bi-weekly and on alternate holidays. 16. The Wife earns $12.24 per hour for a 40 hour work week. 17. The Wife has earned $716.00 for on-call assignments for the period of February through July, 2008. 18. The Wife's tax filing status for tax year 2008 is married/separate. 19. The Husband is employed as an accountant by Demuth Management Consultants. 20. The Husband has an annual salary of $57,500.00. 21. The Husband pays $47.46 per month for health insurance coverage on himself and his daughter. 22. The Husband's tax filing status for 2008 is married/separate with one child claimed as a dependency exemption. 23. The Wife cannot afford to pay her attorney in the divorce action without financial assistance. ' The Wife has elected to proceed on her claim for alimony pendente lite in lieu of the spousal support claim contained in her original complaint. 2 See order dated September 4, 2007. 2 DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Samii v. Samii, 847 A.2d 691 (Pa. Super. 2004). Since the entry of the prior order the Wife has changed employment resulting in a higher net monthly income, and the childcare expenses have increased significantly. A modification of the child support order is appropriate. The Wife has average gross monthly income of $2,241.00. For tax year 2008 she has agreed that the Husband will claim the child as a dependency exemption. Filing her federal income tax return as married/separate results in net monthly income of $1,817.00.3 The Husband has gross monthly income of $4,792.00. Filing his federal income tax return as married/sepsrate4 and claiming his daughter as a dependency exemption, the Husband has net monthly income for support purposes of $3,675.00. With combined net monthly income of $5,493.00 the basic requirement for the support of one child is $948.00 per month.b The Defendant's proportionate share of that amount is $634.00. After adjustments for childcare and health insurance coverage, the Defendant's child support obligation is $1,040.00 per month. The Husband has argued that the childcare obligation is unreasonable. However, the evidence is clear that both parties entered into the contract to enroll their daughter in Cherub Montessori Center for one year.8 The $690.00 per month expense, or $159.00 per week, at Cherub Montessori is not viewed by this Master as unreasonable for a pre-school childcare center. In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is 3 See Exhibit "A" for the tax deductions from gross income. 4 Because the child does not reside with him, the Husband does not qualify for head of household status. 5 See Exhibit "A" for the tax deductions from gross income. 6 See Pa. R.C.P. 1910.16-3. See Exhibit "B" for the guideline calculation. 8 See Plaintiff's Exhibit 3.' needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other jzrounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The Plaintiff testified that she does not have the financial ability to pay her attorney in the divorce litigation. In the opinion of this Master she has met her burden as set forth in Clouse. With net monthly incomes as set forth above and a child support obligation of $1,040.00 per month, the Husband's obligation for alimony pendente lite calculated under the guidelines is $248.00 per month.9 RECOMMENDATION A. The interim order entered July 8, 2008 is vacated. B. Effective June 10, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his daughter, Katlynn Thorn, born September 25, 2003, the sum of $1,040.00 per month. C. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $30.00 per month on arrears. D. Any and all sums paid heretofore by the Husband on PACSES Case No. 025109371 shall be applied as child support. E. The Husband shall provide health insurance coverage for the benefit of said child as is available to him through employment or other group coverage at a reasonable cost. F. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed' medical expenses of the child that exceed $250.00 annually shall be 9 See Exhibit "C" for the calculation. 4 allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 67% by Husband and 33% by Wife. G. The Husband shall be entitled to claim said child as a dependency exemption for tax year 2008, and Wife shall execute and deliver to him in a timely fashion any and all documentation required by the Internal Revenue Code to effectuate said exemption. H. Effective August 11, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $245.00 per month. 2-2 -200S Date Q U?-? Michael R. Rundle Support Master 5 In the Court of Common Pleas of Cumberland County, Pennsylvania "c yy Plaintiff Name: Michele L. Thorn Defendant Name: Karl R. Thorn Jr. Docket Number: 644 S 2007 PACSES Case Number: 025109371 Other State ID Dumber: Tax Year: Current: 2008 E,f ttt 07 iriYlff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Separately Married Filing Separately 3. Who Claims the Exemptions Obl igor 4. Number of Exemptions 2 1 5. Monthly Taxable Income $4,791.70 $2,121.60 6. Deductions Method 7. Deduction Amount $454.17 $454.17 8. Exemption Amount $583.34 $291.67 9. Income MINUS Deductions and Exemptions $3,754.19 $1,375.76 10. Tax on Income $633.86 $172.93 11. Child Tax Credit $83.33 - 12. Manual Ad'ustments to Taxes - - 13. Federal Income Taxes $550.53 $172.93 13 a. Earned Income Credit - - 14. State Income Taxes $151.42 $67.04 15. FICA Payments $366.57 $162.30 16. City Where Taxes Apply 17. Local Income Taxes $47.92 $21.22 TOTAL Taxes $1,116.44 $423.49 SupportCak 2007 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania x> suppbrt?G41ddme?1 beet Defendant Name: Karl R. Thorn Jr. Docket Number: 644 S 2007 PACSES Case Number: 025109371 Plaintiff Name: Michele L. Thorn Other Case ID Number: Y Defendant ;Plaintiff 1. Number of Dependents in this Case 1 2. Total Gross Month/ Income $4,791.70 $2,240.94 3. Less Monthly Deductions $1,116.44 $423.49 4. Monthly Net Income Line 2 minus Line 3 $3,675.26 $1,817.45 5. Combined Total Monthly Net Incoome Amounts on Line 4 Combined ?T ?F? $5,492 71 6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit. w ' - 7. Adjusted Combined Total Mont I Net Income 8. PRELIMINARY Child Support O li ation based on Adjusted Income Line 7 .` - 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 ( ) 10. Basic Child Support Obligation, From Rule 1910.16-3 Basic Child $u ort Schedule Table Rev. 112006 $948.00 11. Net Income as a Percentage of Combined Amount 66.91 33.09 12. Each Parent's Monthly Share o the Child Support Obligation $634.31 $313.69 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overni hts. - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a $413.50 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b -$7.84 16. Adjustment for Unreimbursed edical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Ex nses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10, $1,039.97 19. Less Split Custody Counterclai Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $1,039.97 Prepared by: mrr Date: 8/19/2008 Summarv Rewrt S1. PACSES Multiple Family Adjustment S2. Spousal Support Award - S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) - S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus ine S2 and S3 minus S4 (if applicable) Monthly: $1,039.97 Weekly: $239.35 TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant 1040 ES Married Filing Separately 2 S7. Plaintiff 1040 ES Married Filing Se aratel 1 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from/ Guidelines Calculation and/or Other Case Comments: SupportCalc 2008 EXHIBIT "B" I , In the Court of Common Pleas of Cumberland County, Pennsylvania :y L r { C Ted'' ?i??'•K??LIi ? C.f.t 'c - y ?'?' _F 7 cs Plaintiff Name: Michele L. Thorn Defendant Narne: Karl R. Thorn Jr. Docket Number: 644 S 2007 PACSES Case'Number: 025109371 Other State ID Number: 1.Obligor's Month/ Net Income $3,675.26 2. Less All Other Support - 3. Less Obligee's Month/ Net Inc me $1,817.45 4. Difference $1,857.81 5. Less Child Support Obligation f pr Current Case $1,039.97 6. Difference $817.84 7. Multiply b 30% or 40% 30.00% 8. Income Available for Spousal Support $245.35 9. Adjustment for Other Expenses - 10. AMOUNT OF MONTHLY SPOU AL SUPPORT OR APL - Prepared b : mrr Date: 8/19/2008 SupportCalc 2008 EXHIBIT "C" ? ? ?.., _ ` :xs» 4?:? ? .l ? -- ?°T" ?_ ,_ J r Pt j ?: C...) ">: C..;'2 -G MICHELE L. THORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION KARL R. THORN, JR., PACSES NO. 025109371 Defendant DOCKET NO. 644 SUPPORT 2007 KARL R. THORN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION MICHELE L. THORN, PACSES NO.973 1 1 0246 Defendant/Petitioner DOCKET NO. 07-3391 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1- Earnings statements Plaintiff's Exhibit No. 2 - Earnings statements Plaintiff's Exhibit No. 3 - Childcare contract Plaintiff's Exhibit No. 4 - W-2's Defendant's Exhibit No. 1 - Earnings statement Defendant's Exhibit No. 2 - Settlement statement -tea r ' --ca ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State _Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/25/08 Case Number (See Addendum for case summary) EmployerlWithholder's Federal EIN Number DONALD L DEMUTH C/O PROFESSIONAL MGMT CONSULT STE B 940 CENTURY DR MECHANICSBURG PA 17055-4376 143-72-9895 Employee/Obligor's Social Security Number 0324101866 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. $ 1,040.00 per month in current child support $ 0.0o per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 245.00 per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 1, 285.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 296.54 per weekly pay period. $ 642.50 per semimonthly pay period 593.08 (twice a month) $ per biweekly pay period (every two weeks) $ 1, 285.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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: DRO: R.J. SHADDAY Service Type M OMB No.: 0970-0154 025109371 644 S 2007 07-3391 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: THORN, KARL R. JR Employee/Obligor's Name (Last, First, MI) PJUDGE orm EN-028 Rev. 4 Worker ID $IATT F ` ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS I heckee you are required to provide a opy of this form to your m loyee. If yo r employee orks in a state that is iherent from the state that issued this order, a copy must be provic?edpto your employee even if tie box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2328712920 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : C3 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: THORN, KARL R. JR EMPLOYEE'S CASE IDENTIFIER: 0324101866 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an 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) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE. If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. SOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT .-. ADDENDUM Summary of Cases on Attachment PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Service Type M Defendant/obligor: THORN, KARL R. JR PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Addendum OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT 'ID =TI F 8 i` ? rr 1 GYS .• ,' ., ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-3391 CIVIL State Commonwealthof Pennsylvania 025109371 0Original Order/Notice _ 644 S 2007 Co./City/Dirt. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 09/01/08 0Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: THORN, KARL R. JR Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 143-72-9895 Employee/Obligor's Social Security Number DONALD L DEMUTH 0324101866 C/O PROFESSIONAL MGMT CONSULT Employee/Obligor's Case Identifier S TE B (See Addendum for plaintiff names 940 CENTURY DR associated with cases on attachment) MECHANICSBURG PA 17055-4376 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. $ 1, 040.OC $ 0.00 $ 0.00 $ 0.00 $ 245.00 $ 15.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 1,300.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 300.00 per weekly pay period. $ 650.00 per semimonthly pay Period (twice $ 600.00 per biweekly pay period (every two weeks) $ 1, 300.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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: DRO: R. J. SHADDAY Service Type m OMB No,: 0970-0154 Arrears 12 weeks or greater? O yes ® no M. L. EBERT, JR., JUDGE Form EN-028 Rev. 4 Worker ID $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS (J If 4heckeff you are required to provide a copy of this form to your m loyee. If yo r employee works in a state that is di Brent firom the state that issued this order, a copy must be provi?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2328712920 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: THORN, KARL R. JR EMPLOYEE'S CASE IDENTIFIER: 0324101866 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an 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) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(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 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM W-- DUM Summary of Cases on Attachment Defendant/Obligor: THORN, KARL R. JR PACSES Case Number 025109371 Plaintiff Name PACSES Case Number 973110246 MICHELE L. THORN Plaintiff Name Docket Attachment Amount MICHELE L. THORN 00644 S 2007 $ 1, 040.00 Docket Attachment Amount Child(ren)'s Name(s): 07-3391 CIVIL $ 260.00 KATLYNN THORN DOB Child(ren)'s Name(s): 09/25/03 DOB PACSES Case Number Plaintl?ff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s) Docket Attachment Amount : $ o. 00 DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff me PACSES Case Number Docket Attachment Amount Plaintiff $ 0.00 Child(ren)'s Name(s): Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB Service Type M Addendum Form EN-028 Rev. 4 OMB No.: 0970-0154 Worker ID $IATT ?? ?".? `...-) - t`1 a fly ? y (+,... " ..T„i rat"; y. % ?,. ?!^7 __ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State commonwealth of Pennsylvania- Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/30/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DONALD L DEMUTH C/O PROFESSIONAL MGMT CONSULT STE B 143-72-9895 Employee/Obligor's Social Security Number 0324101866 Employee/Obligor's Case Identifier (See Addendum for plaintiff names 940 CENTURY DR associated with cases on attachment) MECHANICSBURG PA 17055-4376 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. $ 1,040.00 per month in current child support $ o. To per month in past-due child support Arrears 12 weeks or greater? Qyes ® no $ 0.00 per month in current medical support $ o . oo per month in past-due medical support $ 245.00 per month in current spousal support $ o . oo per month in past-due spousal support $ o . oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 1,285.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 296.54 per weekly pay period. $ 642.50 per semimonthly pay period (twice a month) $ 593.08 per biweekly pay period (every two weeks) $ 1, 285.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: OCT 3 1 2008 DRO: R. J. SHADDAY Service Type M OMB No.: 0970-0154 025109371 644 S 2007 07-3391CIVIL 0 original Order/Notice OAmended Order/Notice OTerminate Order/Notice 00,e-Time Lump Sum/Notice RE: THORN, KARL R. JR Employee/Obligor's Name (Last, First, MI) M. L. EBERT, JR., Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecke? you are required to provide a opy of this form to your, mployee. If your employee works in a state thatkised diferent from the state that issued this order, a copy must be provi?ed to your employee even if the box is not chec . 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 employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each em ployeelobl igor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2328712920 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: THORN, KARL R. JR EMPLOYEE'S CASE IDENTIFIER: 0324101866 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an 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) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/obligor: THORN, KARL R. JR PACKS Case Number 025109371 Plaintiff Name MICHELE L. THORN Docket Attachment Amount 00644 S 2007 $ 1,040.00 Child(ren)'s Name(s): DOB KATLYNN THORN 09/25/03 PACSES Case Number 973110246 Plaintiff Name MICHELE L. THORN Docket Attachment Amount 07-3391 CIVIL$ 245.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT tv ? } c„? „?;} i?° j Y,? ? --y j T ,3 --.. ti fT` ""> , ?? -? "C V, ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/02/09 Case Number (See Addendum for case summary) EmployerAN/ithholder's Federal EIN Number DONALD L DEMUTH C/O PROFESSIONAL MGMT CONSULT STE B 143-72-9895 Employee/Obligor's Social Security Number 0324101866 Employee/Obligor's Case Identifier (See Addendum for plaintiff names 940 CENTURY DR associated with cases on attachment) MECHANICSBURG PA 17055-4376 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. $ 1,040.00 per month in current child support $ o.-00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ o.0o per month in past-due medical support $ 245.00 per month in current spousal support $ 15.00 per month in past-due spousal support $ o . oo per month for genetic test costs $ 0._00 per month in other (specify) $ one-time lump sum payment for a total of $ 1,300.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 300.00 per weekly pay period. $ 650.00 per semimonthly pay period (twice a month) 1, 300.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. nn NOT SEND CASH BY MAIL. $ 6pn9 n_ per biweekly pay period (every two weeks) BY THE COURT: 025109371 644 S 2007 07-3391 CIVIL 0 original Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: THORN, KARL R. JR Employee/Obligor's Name (Last, First, MI) e M. L. Ebert, Jr., DRO: R. J. Shadday Form EN-028 Rev.A Service Type M OMB No.; 0970-0154 Worker ID $IATT r ,, ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If ghecke l you are required to provide a?opy of this form to your mployee. If yoVr employee works in a state that is rent rom the state that di B issued this o er, a copy must be provi?ed to your emp ogee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2328712920 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : D THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: THORN, KARL R. JR EMPLOYEE'S CASE IDENTIFIER: 0324101866 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. 80X 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT r Is. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: THORN, KARL R. JR PACSES Case Number 025109371 Plaintiff Name MICHELE L. THORN Docket Attachment Amount 00644 S 2007 $ 1,040.00 Child(ren)'s Name(s): DOB KATLYNN THORN 09/25/03 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACKS Case Number Plaintiff Name PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $zATT -+? ?? KARL THORN, JR., Plaintiff, MICHELE L. THORN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3391 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 7, 2007. 2. The Complaint was served by certified mail, said receipt signed by Defendant on June 13, 2007. An Acceptance of Service was signed by Defendant on June 13, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: arl Thorn, Jr. r r?.a - ."__ ._:_a y-3 .. 53 ` .I ? i ?y: , . i Y`'.? . ,_. C..?. _' ., ;? ? Y • ? 1 r ? t. KOPE & ASSOCIATES, LLC BY LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com KARL R. THORN, JR., Plaintiff, vs. MICHELE L. THORN, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3391 CIVIL ACTION - LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Michele L. Thorn of Cumberland County, Pennsylvania ("Wife") and Karl R. Thorn, Jr. of Cumberland County, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on May 12, 2001, in Maple Shade, Burlington County, New Jersey; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, MLT KR 1 of 23 including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A.. Title 23. Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last _ 2 of 23 MLT party signs this Agreement. 5.03. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the Initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2004, No. 2007-3391, seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. 3 of 23 MLT KRT The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within one (1) month, but in any event not later than three (3) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Wife want a certified copy of the final divorce decree, Wife shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including _ 4 of 23 MLT KR reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. Wife has been represented by Jane Adams, Esquire. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente life, counsel fees, costs, alimony, distribution of property, or other financial benefits _ 5 of 23 MLT KR arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. _ 6 of 23 MLT KR 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory 7 of 23 MLT KRT of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 8 of 23 MLT 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S.A. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. _ 9 of 23 MLT B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising _ 10 of 23 MLT therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the event that any refund is received from any joint filing from a previous year after the execution of this Agreement, the parties hereby agree that the refund monies received shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION 11 EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter _ 11 of 23 MET KR commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The parties hereto previously owned real estate, specifically a house and lot known and numbered as 790 Dogwood Terrace, Boiling Springs Cumberland County, Pennsylvania (the "Premises" or "Marital Residence"). The parties hereby acknowledge that the Premises have been sold via RE/MAX Realty Associates, Inc., satisfying all debt on said Premises, with a net loss of ten thousand, one hundred and eighty-nine dollars and two cents (-$10,189.02). The parties further acknowledge that said monies were paid solely by Husband. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All personal property currently in the possession of the Wife, as per the agreement of the parties. 2. To Husband: All personal property currently in the possession of the Husband, as per the agreement of the parties. _ 12 of 23 MLT KR vehicles prior to execution of this Agreement, the parties agree that there remains no outstanding vehicle loan which names both parties as obligors on the account. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: Any funds in Wife's separate accounts. 2. To Husband: Any funds in Husband's separate accounts. 3. The parties agree that there are no accounts open as of the date of execution of this Agreement which are held in the names of both parties. This includes, but is not limited to, savings, checking, and money market accounts. All monies held in joint accounts have been disbursed and distributed since the date of separation of Husband and Wife to the satisfaction of both parties. _ 14 of 23 MLT KR F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Any and all accounts held in Wife's name. 2. To Husband: Any and all accounts held in Husband's name, including, specifically Husband's 401(k) account and Roth IRA account. 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Husband: a. Husband shall be solely liable for the following debts which were accrued during the marriage: Discover Card, with a balance of approximately $4,546.98 as of 5/12/07 (account no. xxxx-xxxx-xx23-0056); AAA Visa, with a balance of approximately 15 of 23 MLT KR $7692.85 as of 5/12/2007 (account no. xxxx-xxxx-xx05-7865); Citi Platinum Select MasterCard, with a balance of approximately $3866.21 as of 5/12/2007 (account no. xxxx-xxxx-xx99-2284); and Wells Fargo Visa, with a balance of approximately $1465.77 as of 5/12/2007 (account no. xxxx-xxxx-xx44-9038). b. Husband shall further be liable for any additional debts he has accrued in his name only since the time of separation of the parties as per the divorce complaint referenced above. 2. To Wife: a. Wife shall be solely liable for Wife's student loan debt at AES, account #32-4779-4594, with a balance of approximately $11,765.79 at the time of separation. b. Wife shall be solely liable for any and all monies owed on the Target credit card in her name only; Wife shall also be solely liable for any and all monies currently owed on a Lane Bryant card in her name. Wife acknowledges that Husband paid the full balance of said cards at the time of separation of the parties, and that any additional debt is hers and hers alone. b. Wife shall further be liable for any additional debts that have accrued in her name since the time of separation of the parties, as per the divorce complaint referenced above. 3. The parties hereby acknowledge that there are no additional debts under both parties' names which are not referenced, and assigned, within this Agreement. _ A 16 of 23 MLT KR SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 23. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 24. ALIMONY, APL. AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement 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. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. _ 17 of 23 MLT 25. HEALTH INSURANCE FOR WIFE AND HUSBAND: Husband and Wife hereby represent that they have secured health insurance coverage for their respective selves. The parties agree to continue to pay for and secure health insurance coverage for their respective selves. The parties hereby agree that as of the date of execution of this Agreement and for all times forward, no party shall be responsible for the costs of health care coverage of the other. 26. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of 18 of 23 - A IPA MLT 11 k1w such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than three hundred and sixty-five (365) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital ???? 19 of 23 MLT KR assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the _ 20 of 23 MLT 41 I-M other party or the other party's estate might be responsible. SECTION III 29. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 30. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. CLOSING PROVISIONS AND EXECUTION 31. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. [This section intentionally left blank] MLT / 1? 21 of 23 r ? s' IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) Michele L. hor Date: Q 04 (SEAL) Karl R. Thorrm, r. Date: _ 22 of 23 MLT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND Lama N NOWY P N On this, the day of , 2008, before me, a Notary Public, the undersigned officer, personally appeared Michele L. Thorn, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public: COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN On this, the 12!? day ofJfUc. , 2008, before me, a Notary Public, the undersigned officer, personally appeared Ka R. Thorn, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlemett Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary _ 23 of 23 MLT T Pu c: /- ' S? a Pvb) ?c ('_ , rya rT ' txa i ? W _7 JPW "Quowm O KARL R. THORN, JR., Plaintiff VS. MICHELE L. THORN, . Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3391 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day o , 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital separation agreement dated February 16, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, C' i CIr" W-'C' Edgar B. Bayley, P. a. cc: Xley J. Beam Attorney for Plaintiff ane Adams Attorney for Defendant A o?/ c*.! ,..,a 4 ? ? - ?_ ;...S..i - r ? d: - ., ?. ,_. ? { (,??,_ i ? ?=i 1 .. s z ? I.L+ _ F ?? ?Y? ?:h C„. tJ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-3391 CIVIL State Commonwealth of Pennsylvania 025109371 OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 644 S 2007 X@Amended Order/Notice Date of Order/Notice 02/27/09 0Terminate Order/Notice Case Number (See Addendum for case summary) 00,e-Time Lump Sum/Notice RE: THORN, KARL R. JR Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 143-72-9895 Employee/Obligor's Social Security Number DONALD L DEMUTH 0324101866 C/O PROFESSIONAL MGMT CONSULT Employee/Obligor's Case Identifier STE B (See Addendum for plaintiff names 940 CENTURY DR associated with cases on attachment) MECHANICSBURG PA 17055-4376 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. $ 1,040.00 per month in current child support $ o.0-0 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 245.00 per month in current spousal support $ o . oo per month in past-due spousal support $ o . o o per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 1,285.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 295.73 per weekly pay period. $ 642.50 per semimonthly pay period (twice a month) $ 591.45 per biweekly pay period (every two weeks) $ 1, 285.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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: M. L. Ebert, Jr., Judge DRO: R. J. Shadday Form EN-028 Rev. 4 Service Type M OMBNo.:0970.0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El If 4heckefi you are required to provide a Gopy of this form to your?mployee. If yorr employee wo di rks in a state that is Brent rrom the state that issued this order, a copy must be provi a to your emp ogee 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 employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2328712920 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : I--] THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: C1 EMPLOYEE'S/OBLIGOR'S NAME: THORN, KARL R. JR EMPLOYEE'S CASE IDENTIFIER: 0324101866 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/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) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No,: 0970-0154 Worker ID $IATT a ADDENDUM Summary of Cases on Attachment Defendant/Obligor: THORN, KARL R. JR PACSES Case Number 025109371 Plaintiff Name MICHELE L. THORN Docket Attachment Amount 00644 S 2007 $ 1,040.00 Child(ren)'s Name(s): DOB KATLYNN THORN 09/25/03 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACKS Case Number 973110246 Plaintiff Name MICHELE L. THORN Docket Attachment Amount 07-3391 CIVIL$ 245.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PAGES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT f._. N ?s? _.? ?? ??3 t. t _j -z-? [` air fV _ -?? ? _.. -; ,. _... P wR+ .. t ..4 ..: r.? _?i.J ?. KARL R. THORN, JR. Plaintiff vs. MICHELLE L. THORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 3391 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 7, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ichelle . Thorn, a ndant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 P?C.S. §4904 relating to unsworn falsification to authorities. Date: J b16 Jiclhelle L. Thorn, Defendant C'? C ?, ?b "' C14A {"S"S F ? .? ""?." F 1 i .++? KARL R. THORN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-3391 CIVIL TERM MICHELE L. THORN, IN DIVORCE Defendant/Petitioner PACSES CASE: 973110246 ORDER OF COURT AND NOW to wit, this 6th day of March 2009, it is hereby Ordered that the above captioned Alimony Pendente Lite case is terminated, effective February 19, 2009, pursuant to the parties' Marital Settlement Agreement. The account is closed with a credit of $161.55. BY THE COURT: M. L. bert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Jane Adams, Esq. Lesley J. Beam, Esq. Form OE-001 Service Type: M Worker: 21005 ? ° C r , r,? ?::" . .. r-.. ? ? .?: v? ; F ,} ? ? - ? ? Y>" - , ? ,?? ?. r ?. 1' t 4 KOPE & ASSOCIATES, LLC BY LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff KARL R. THORN, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-3391 MICHELE L. THORN, CIVIL ACTION = LAW Defendant. IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Michele L. Thorn of Cumberland County, Pennsylvania ("Wife") and Karl R. Thorn, Jr. of Cumberland County, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on May 12, 2001, in Maple Shade, Burlington County, New Jersey; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, -whether arising out of their marriage, _ 1 of 23 MLT KR including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last _ 2 of 23 MLT party signs this Agreement. 5.03. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution of this Agreement shall be defined as the earlier of the date of. (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2004, No. 2007-3391, seeking a divorce decree pursuant to, among other provisions, section 3301,(c) of the Domestic Relations Code. 3 of 23 MLT KRT The parties shalt promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered as soon as possible/within one (1) month, but in any event not later than three (3) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Wife want a certified copy of the final divorce decree, Wife shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including _ 4 of 23 MLT d reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. Wife has been represented by Jane Adams, Esquire. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente life, counsel fees, costs, alimony, distribution of property, or other financial benefits _ ;W:?? 5 of 23 MLT KR arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. bISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. _ Z*-,*" 6 of 23 MLT is 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory 7 of 23 MLT KR of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Aff 8 of 23 MLT KR 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S.A. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment pf said statute or replacement thereof by any other similar laws. 9 of 23 MLT B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees• Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for 4 y payment of half of such tax and any interest, penalty or other expense arising 10 of 23 MLT therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. In the event that any refund is received from any joint filing from a previous year after the execution of this Agreement, the parties hereby agree that the refund monies received shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as maybe reasonably necessary from time to time. 20. EFFECT Of RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that, the division of all property and debts set forth in. this Agreement is equitable and in the event an action in divorce has been or is hereafter _ 11 of 23 MET KR' commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The parties hereto previously owned real estate, specifically a house and lot known and numbered as 790 Dogwood Terrace, Boiling Springs Cumberland County, Pennsylvania (the "Premises" or "Marital Residence"). The parties hereby acknowledge that the Premises have been sold via RE/MAX Realty Associates, Inc., satisfying all debt on said Premises, with a net loss of ten thousand, one hundred and eighty-nine dollars and two cents (-$10,189.02). The parties further acknowledge that said monies were paid solely by Husband. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All personal property currently in the possession of the Wife, as per the agreement of the parties. 2. To Husband: All personal property currently in,the possession of the Husband, as per the agreement of the parties. , _ 12 of 23 MLT KR vehicles prior to execution of this Agreement, the parties agree that there remains no outstanding vehicle loan which names both parties as obligors on the account. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with, whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: Any funds in Wife's separate accounts. 2. To Husband: Any funds in Husband's separate accounts. 3. The parties agree that there are no accounts open as of the date of execution of this Agreement which are held in the names of both parties. This includes, but is not limited to, savings, checking, and money market accounts. All monies held in joint accounts have been disbursed and distributed since the date of separation of Husband and Wife to the satisfaction of both parties. MLT 14 of 23 F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. * Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Any and all accounts held in Wife's name. 2. To Husband: Any and all accounts held in Husband's name, including, specifically Husband's 401(k) account and Roth IRA account. 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Husband: a. Husband shall be solely liable for the following debts which were accrued during the marriage: Discover Card, with a balance of approximately $4,546.98 as'of 5/12/07 (account no. xxxx-xxxx-xx23-0056); AAA Visa, with a balance of approximately _ 15 of 23 MLT KR $7692.85 as of 5/12/2007 (account no. xxxx-xxxx-xx05-7865); Citi Platinum Select MasterCard, with a balance of approximately $3866.21 as of 5/12/2007 (account no. xxxx-xxxx-xx99-2284); and Wells Fargo Visa, with a balance of approximately $1465.77 as of 5/12/2007 (account no. xxxx-xxxx-xx44-9038). b. Husband shall further be liable.for any additional debts he has accrued in his name only since the time of separation of the parties as per the divorce complaint referenced above. 2. To Wife: a. Wife shall be solely liable for Wife's student loan debt at AES, account #32-4779-4594, with a balance of approximately $11,765.79 at the time of separation. b. Wife shall be solely liable for any and all monies owed on the Target credit card in her name only; Wife shall also be solely liable for any and all monies currently owed on a Lane Bryant card in her name. Wife acknowledges that Husband paid the full balance of said cards at the time of separation of the parties, and that any additional debt is hers and hers alone. b. Wife shall further be liable for any additional debts that have accrued in her name since the time of separation of the parties, as per the divorce complaint referenced above. 3. The parties hereby acknowledge that there are no additional debts under both parties' names which are not referenced, and assigned, within this Agreement. ?A T 16 of 23 MLT 1 SECTION III COUNSEL FEES, SPOUSAL SUPPORT. APL, AND ALIMONY 23. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 24. ALIMONY. APL, AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement 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. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. t)?? 17 of 23 MLT 25. HEALTH INSURANCE FOR WIFE AND HUSBAND: Husband and Wife hereby represent that they have secured health insurance coverage for their respective selves. The parties agree to continue to pay for and secure health insurance coverage for their respective selves. The parties hereby agree that as of the date of execution of this Agreement and for all times forward, no party shall be responsible for the costs of health care coverage of the other. 26. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and se'parate-property and he or she is fully aware of the condition of _ 18 of 23 MLT such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than three hundred and sixty-five (365) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken. into consideration in determining the distribution of marital _ 19 of 23 MLT KR assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and theparties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party br the 20 of 23 MLT other party or the other party's estate might be responsible. SECTION III CLOSING PROVISIONS AND EXECUTION 29. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 30. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 31. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. [This section intentionally left blank] MLT A ' 21 of 23 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: SEAL Michele L. hor Date: 0 (SEAL) Karl R. Thor. Date: F _ 22 of 23 MLT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) On this, the day of , 2008; before me, a Notary Public, the undersigned officer, personally appeared Michele L. Thorn, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public: COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) On this, the day of brUk 2008, before me, a Notary Public, the undersigned officer, personally appeared K R. Thorn, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary 4 MET 23 of 23 S KARL THORN, JR. vs. MICHELE L. THORN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2007-3391 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: I- Ground for divorce: Irretrievable breakdown under 3301 (c) (Strike out inapplicable section) 2. Date and manner of service of the complaint:Aeeenta nee of g,=,Uj ea-44,9Ljed by the Defendant on Time 13-,.-2Ag7 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 2/ L q a9 by defendant 2/ 16 / 0 9 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: There is a marital separation agree nt executed on 2/19/09 that"7is incorporated for 5. Complete either (a) or (b) enforcement purposes but not merged. a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 2/23/09 Date defendant's Waiver of Notice in Prothonotary: 3 / 4 / 0 9 1 (e) divorce was filed with the for Plaintiff/Defendant ? 4 ? '7'! ?, ? _, rJ r'_c: ?.ar 7 =.? " ,? ? _? 2s. IN THE COURT OF COMMON PLEAS OF KARL THORN, JR. : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. THORN NO. 2007-3391 DIVORCE DECREE AND NOW, K KC-A tl , 100 , it is ordered and decreed that KARL THORN, JR. , plaintiff, and MICHELE L. THORN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, N. j, ? Attest: J. L/34j??? rothonotary A ?lV?a OE :Va 60oz Adv1Gl,ltll-Lt? ill. jo