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HomeMy WebLinkAbout07-5539KELLY A. LOCY, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN DIVORCE MATTHEW A. LOCY, Defendant :NO. 07-Ss-.39 ?' ?? '> > ?? "`- NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 KELLY A. LOCY, Plaintiff V. MATTHEW A. LOCY, Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW JN DIVORCE/CUSTODY COMPLAINT AND NOW comes the Plaintiff, Kelly A. Locy, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Kelly A. Locy, is an adult individual residing at 624 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Matthew A. Locy, is an adult individual residing at 624 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on August 24, 1996. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Kelly A. Locy, respectfully requests the Court to enter a Decree of Divorce. COUNT II REQUEST FOR A FAULT DIVORCE UNDER SECTIONS 3301(a)(6) OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Defendant has offered such indignities to plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 13. This action is not collusive as defined by 23 Pa.C.S. §3309. WHEREFORE, pursuant to 23 Pa.C.S.A. §3301(a)(6), Plaintiff, Kelly A. Locy, respectfully requests the Court to enter a Decree of Divorce. COUNT III EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 14. The averments contained in Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 2 15. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 16. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 17. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Kelly A. Locy, respectfully requests the Court to divide all marital property equitably between the parties. COUNT IV REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 18. The averments contained in Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through her employment in accordance with the standard of living established during the marriage. 20. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, pursuant to 23 Pa.C.S.A. §3701, Plaintiff, Kelly A. Locy, respectfully requests the Court to enter an award of alimony in her favor. 3 COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 21. The averments contained in Paragraphs 1 through 20 of this Complaint are incorporated herein by reference as though set forth in full. 22. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 23. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, pursuant to 23 Pa.C.S.A. §3702, Plaintiff, Kelly A. Locy, respectfully requests the Court to enter an award of alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT VI REQUEST FOR CUSTODY, PARTIAL CUSTODY, AND/OR VISITATION UNDER SECTION 5303 OF THE DIVORCE CODE 24. Plaintiff seeks primary physical custody of the following Children: Name Present Residence Age Julia A. Locy 624 Allenview Drive 10 Mechanisburg, PA 17055 Allison M. Locy 624 Allenview Drive 7 Mechanicsburg, PA 17055 The Children were not born out of wedlock. 25. The Children are presently in the custody of Plaintiff and Defendant who resides at 624 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 4 17055. 26. During the past five years, the Child have resided with the following persons and at the following addresses: Persons Plaintiff and Defendant Address 624 Allenview Drive Mechanicsburg, PA 17055 Dates June `02 to present Plaintiff and Defendant 100 Village Square Drive March `00 to June `02 Shermans Dale, PA 17090 27. The Mother of the Children is Kelly A. Locy, currently residing at 624 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 28. The Father of the Children is Matthew A. Locy, currently residing at 624 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 29. The relationship of Plaintiff to the Children is that of Mother. Plaintiff currently resides with the following persons: The parties' minor Children and the Defendant. 30. The relationship of Defendant to the Children is that of Father. Defendant currently resides with the following persons: The parties' minor Children and the Plaintiff. 31. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Children in this or another court. 32. Plaintiff has no information of a custody proceeding concerning the Children pending in a court of this Commonwealth. 33. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Children or claims to have custody or visitation rights with respect to the Children. 34. The best interest and permanent welfare of the Children will be served by granting the relief requested because Plaintiff has been the primary caretaker of the 5 Children since birth. 35. Each parent whose parental rights to the Children have not been terminated and the person who has physical custody of the Children has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the Children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, pursuant to 23 Pa.C.S.A. §5303, Plaintiff, Kelly A. Locy, respectfully requests the Court to grant her primary physical and joint legal custody of the parties' minor Children. DATED: I-/ - Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 6 VERIFICATION I, Kelly A. Locy, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: 4.KelA Loc ao t 00 v Oo W o o KELLY A. LOCY . . IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW A. LOCY DEFENDANT • 2007-5539 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 25, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 25, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Esq.-,, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 p : ?d SZ 83S LOOZ ? ? 40 KELLY A. LOCY, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN DIVORCE/CUSTODY MATTHEW A. LOCY, Defendant :NO. O 7 0073 Yir l?r/? ACCEPTANCE OF SERVICE I, Lesley J. Beam, Esquire, hereby accept service of the Divorce and Custody complaint filed in the above-captioned action on behalf of the Defendant, Matthew A. Locy. DATED: 16> //z?7 ? r? r, - ,,.,,F -?' ? ?,' ? °" -4 N '-- f _ 1" p\ e f V ? i.. ..' -. a. `a ` __ r- -} ? °w ?? 1- 3.} ?? '"rte W-Sins t KELLY A. LOCY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-5539 CIVIL ACTION - LAW MATTHEW A. LOCY, Defendant : IN CUSTODY MATTHEW A. LOCY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO 2007-5542 CIVIL ACTION - LAW KELLY A. LOCY, Defendant : IN CUSTODY ORDER OF COURT .9:21 AND NOW, this day of ZAL? 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The dockets are hereby consolidated. 2. A Hearing is scheduled in Court oom No. , of the Cumberland County Court House, on the 13-4 day of , 200k, at d o'clock, k. M., at which time testimony will be taken. Fr-purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 3. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 4. The Mother, Kelly A. Locy and the Father, Matthew A. Locy, shall have shared legal custody of Julia A. Locy, born December 11, 1996 and Allison M. Locy, born November 20, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 5. The parents shall have shared physical custody on a week on/week off basis. The exchange day and time shall be Friday after school. Father's week shall begin November 2, 2007 and the parents shall alternate weeks thereafter. 6. Thanksgiving shall be alternated with Mother having physical custody of the children in odd numbered years and Father having physical custody in even numbered years. 7. Christmas shall be divided into two blocks. Block A shall be from 12:00 noon Christmas Eve to Christmas Day at 12:00 noon. Block B shall be from 12:00 noon on Christmas Day to 12:00 noon on December 26. Mother shall have physical custody of the children during Block A in odd numbered years and Block B in even numbered years. Father shall have physical custody of the children during Block A in even numbered years and Block B in odd numbered years. 8. In the event that the custodial parent is in need of a babysitter for more than four hours, they must contact the non-custodial parent, within a reasonable time, and offer said opportunity to the non-custodial parent. 9. The parties shall cooperate with family counseling. The Counselor shall be determined from a list of participating counselors from Father's insurance company. Counsel for the parties may assist in the selection of the counselor. 10. Neither party shall do anything or say anything, nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 11. Transportation shall be shared such that the receiving party shall transport. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin . Hess, J. c li beth S. Beckley, Esquire, counsel for esley J. Beam, Esquire, counsel for Fatly U 1 ?Y??~ ? ;?f?? ' 's i t tht?r. ,.., ., f ?tY ?? :?? ??? Z- ?iC????1 ??? 1 ?t-t?. ?' _? ?;..? ?r KELLY A. LOCY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-5539 CIVIL ACTION - LAW MATTHEW A. LOGY, Defendant : IN CUSTODY MATTHEW A. LOCY, Plaintiff V. KELLY A. LOCY, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO 2007-5542 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Julia A. Locy December 11, 1996 Mother Allison M. Locy November 20, 1999 Mother 2. A Conciliation Conference was held October 30, 2007 with the following individuals in attendance: The Mother, Kelly A. Locy, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Matthew A. Locy, with his counsel, Lesley J. Beam, Esquire. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated October 24, 2007 and October 30, 2007 in a PFA action docketed at No. 2007-6185. No custody provisions were included. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Mother asserts that she has been the primary caregiver of the children and that a shared physical custody arrangement would not provide stability or consistency to the children. 5. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody on a week on/week off schedule. He maintains that. he has been an involved parent, that the parties live in the same school district, only 2 miles apart, and that a week on/week off schedule would provide consistency and stability to the children. 6. The Conciliator recommends an Order in the form as attached, consolidating the dockets, scheduling a Hearing and ordering shared legal custody and shared physical custody on a week on/week off basis. It is expected that the Hearing will require one day. Date cqu ine M. Verney, Esquire Custody Conciliator 1. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 618109557 Co./City/Dist. of CUMBERLAND 886 S 2007 Date of Order/Notice 11/21/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SIEMENS MEDICAL SERVICES C/O PAYROLL MAIL CODE G 05 51 VALLEY STREAM PKWY MALVERN PA 19355-1406 791109638 07-5539 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: LOGY, MATTHEW A. Employee/Obligor's Name (Last, First, MI) 127-72-5592 Employee/Obligor's Social Security Number 4296101897 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, 436. oo per month in current support $ 77.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ o . on per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 1, 513.00 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: $ 349.15 per weekly pay period. $ - 698.31 per biweekly pay period (every two weeks). $ 756.50 per semimonthly pay period (twice a month). $ - 1, 513 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: NOV 2 7 2007 DRO: R.J. SHADDAY Service Type M BY THE COURT: N\ M.L. EBERT, Jt ??4 R., JUDGE Form EN-028 Rev. OMB No.: 0970-0154 Worker ID STATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifheckel you are required to provide a copy of this form to your m loyee. If your employee works in a state that is di Brent rom the state that issued this order, a copy must be provicedpto 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.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2317041480 EMPLOYEE'S/OBLIGOR'S NAME: LOCY MATTHEW A. EMPLOYEE'S CASE IDENTIFIER: 4296101897 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOGY, MATTHEW A. PACSES Case Number 618109557 Plaintiff Name KELLY A. LOCY Docket Attachment Amount 00886 S 2007 $ 813.00 PACSES Case Number Plaintiff Name ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Service Type M If checked, you are required to enroll the child (ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970.0154 Form EN-028 Rev. 1 Worker I D $ IATT i ? i'?,? - -- ? ? ,,? ? ?' ?? ("' h A i? ?.i. ?.- ?. ? ?-.: ?C KELLY A. LOCY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-5539 CIVIL TERM MATTHEW A. LOCY, IN DIVORCE Defendant/Respondent PACSES CASE ID: 791109638 ORDER OF COURT AND NOW, this 21 st day of November, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $885.99 and Respondent's monthly net income/earning capacity is $4,121.93, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seven Hundred and 00/100 Dollars ($700.00) per month payable as follows: $665.00 per month for Alimony Pendente Lite and $35.00 per month on arrears. First payment due: next pay date in the amount of $323.08 bi-weekly. The effective date of the order is October 22, 2007. Arrears set at $883.63 as of November 21, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Kelly A. Locy. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The Petitioner is to maintain her own medical insurance coverage. This Order is based upon the fact that the parties have a shared custody arrangement and the Respondnet has a child support obligation under PACSES 618109557 docket at 0886 S 2007. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT, N-1 ?I A L. Ebe, Jr,, J. Mailed copies on: November 26, 2007 to: Petitioner Respondent Elizabeth S. Beckley, Esq. Lesley J. Beam, Esq. DRO: R.J. Shadday KELLY A. LOCY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-5539 CIVIL MATTHEW A. LOCY, Defendant IN CUSTODY ORDER AND NOW, this day of February, 2008, at the request of counsel for the parties, hearing in the above-captioned matter set for February 13, 2008, is continued generally. BY THE COURT, Hess, J. /Elizabeth S. Beckley, Esquire For the Plaintiff ?Leslie Beam, Esquire For the Defendant rlm 040rc-5 rn4tLL of 7los h ti I c •Z Wd L- 833 BOOZ AbVI N6i iio?d ?? RI dQ KELLY A. LOCY, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN CUSTODY MATTHEW A. LOCY, Defendant :NO. 2007-5539 STIPULATION OF CUSTODY THIS IS A STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KELLY A. LOCY (hereinafter referred to as "Mother") and MATTHEW A. LOCY (hereinafter referred to as "Father"). WHEREAS, the parties are the parents of two (2) minor children, namely Julia A. Locy, born December 11, 1996, and Allison M. Locy, born November 20, 1999 (hereinafter referred to as the "children"); WHEREAS, the parties are presently living separate and apart and wish to establish an agreed upon Court Ordered arrangement relative to the physical and legal custody of their Children; and WHEREAS, the parties hereby direct their Counsel to submit this Stipulation to the Court and ask that the Court enter a Custody Order adopting the terms hereof. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound hereby, the parties stipulate and agree as follows: 1. Mother and Father shall share legal custody of the minor children Julia A. Locy and Allison M. Locy. 2. Mother and Father shall exercise joint physical custody of the children on an alternating weekly schedule with the exchange of custody occurring on Fridays at 5:00 p.m. unless the parties agree otherwise. 3. Transportation will be shared between the parties with the party receiving custody transporting the children. 4. The non-custodial parent will have reasonable telephone communication with the children, which shall mean that the non-custodial parent shall receive phone calls on Wednesdays and Sundays at 8:00 pm. The non-custodial parent shall place the phone call to the other parent. It is understood that whenever possible, these calls should be taken at the custodial's parents home in an effort to eliminate distraction. 5. The parties will both consent to the children's activities, or the children will not be signed up for the activities. Neither parent may sign the children up for any activity without the express consent of the other parent, except where the activity takes place only during such times as the parent who wishes to sign up for the child has custody. It is understood that because the parties rotate custody of the children on a weekly basis, activities that would be an exception would likely only be those events that occur only one time. 6. The parties agree to take the children to a psychologist/counselor covered by their health insurance. 7. The parties will share any and all information regarding the children with each other including the scheduling of appointments and the medicines the children may take from time to time. The sharing of information shall include, but not be limited to, medical, dental, religious or school records, and the residence address of the other party and the children. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physicial, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 8. The Holiday schedule will be as follows: a. Thanksgiving shall be alternated with Mother having physical custody of the children in odd numbered years and Father having physical custody of the children in even numbered years. In the absence of agreement to the contrary, the custodial period shall begin at 9 am and conclude at 9 pm. b. Christmas will be divided into two blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26th. Mother shall have custody of the children during Block A in odd numbered years and Block B in even numbered years. Father shall have custody of the children during Block A in even numbered years and Block B in odd numbered years. C. The parties will alternate the following holidays to include: New Years Eve, New Years Day, Easter, Memorial Day, Independence Day, Labor Day and Halloween (or whenever trick or treat is celebrated). This alternating schedule will begin with Father having custody of the children on Easter in 2008. In the absence of 2 agreement to the contrary, the period of custodial time on these holidays shall run from 9 am until 9 pm, except that (i) on Independence Day, the custodial period shall run to approximately one hour after the conclusion of the local fireworks display, should that be later than 9 pm; and (ii) for Halloween trick-or-treating, when celebrated during the week, the custodial period shall begin after school, and shall conclude at 9 pm or 1 hour after trick-or-treating, whichever comes later. 9. Each party will be entitled to 2 non-consecutive weeks of custody with the Children for the purpose of vacation. The parties are required to give each other at least 30 days written notice of when he/she intends to exercise his/her vacation custodial period. Because the parties rotate custody of the children on a weekly basis, the parties shall ensure that their vacation time encapsulates primarily their custodial time under this order. In the event either party uses more than two days of the other party's custodial time, the other party has a right to have their custodial time made up. 10. Father will have custody of the children on Father's Day and Mother will have custody of the children on Mother's Day. In the absence of agreement to the contrary, custodial time shall run from 9 am until 9 pm. 11. In the event that the custodial parent is in need of childcare for a period of more than four hours, they must contact the non-custodial parent, within a reasonable time, and offer said opportunity to the non-custodial parent. 12. Neither party shall do anything or say anything, nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 13. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Both parties will refrain from asking the children for information that will put the other parent in a bad light. Communication should always take place directly between parents, without using the children as an intermediary. 14. Modification: The provisions of this Agreement may only be modified by a further order of court or a written agreement between the parties. 15. The parties hereby agree that the terms of this Custody Stipulation shall be entered as a Final Order of Court in the captioned matter, superseding in full any prior Orders entered in this matter. [This space intentionally left blank] 3 IN WITNESS WHEREFORE, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year set forth below. WITNESS: ?uJ L Kelly A. L y Matthew A. Locy J _3? _0 Date Kelly A. Locy 523-C-AS Date tLes1 "./Beam, Esq. Atty`f6r Matthew A. Locy 4 CD .. ? _' .. f _1 rN? -J "? '0? IL It 'JUN D 3 2008 KELLY A. LOCY, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :CUSTODY MATTHEW A. LOCY, Defendant :NO. 2007 - 5539 ORDER AND NOW, this -day of 2008, after careful review of the Stipulation of Custody entered into by the parties and attached hereto, and in accordance with the parties' request that said Stipulation of Custody be entered as an Order of Court, it is hereby ORDERED that the parties shall share legal and physical custody of their minor children pursuant to the terms of said Stipulation of Custody. BY THE COURT: J. 1 -73 3 11V -T ldor? - VIfdb'AIAS tOd ?iNncr, lia: H-3ewno E 1 :8 WV S- Nnr soon AtVMNOW.06d 3N1. 3Q 30II c--C131W KELLY A. LOCY, Plaintiff V. MATTHEW A. LOCY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5539 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Plaintiff, Kelly A. Locy, in the above- captioned action. Date: 0_1s' loe TO THE PROTHONOTARY: Beckley & Madden P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Please enter the appearance of Courtney Kishel Powell., Esquire, on behalf of the Plaintiff, Kelly A. Locy, in the above-captioned action. Date: c CN By: &?AAIIII Courtney Kishel 1, squire Attorney I.D. #81 9 Post Office Box 650 Hershey, PA 17033 (717) 533-3280 212 North Third Street c? -rt 17 KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com KELLY A. LOCY, Plaintiff, VS. MATTHEW A. LOCY, Defendant. Attorney for Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 07-5539 CIVIL ACTION - LAW IN DIVORCE PACSES CASE ID: 791109638 PETITION FOR TERMINATION OF ALIMONY PENDENTE LITE AND NOW comes the above-named Petitioner, MATTHEW A. LOCY, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Petition for Termination of Alimony Pendente Lite: 1. Defendant/Petitioner is MATTHEW LOCY, an adult individual who currently resides at 624 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "Petitioner). 2. Plaintiff/Respondent is KELLY LOCY, an adult individual who currently resides at 32 Palmer Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "Respondent"). 3. On November 21, 2007, this Court entered an order for biweekly _1 1 payments of $323.08 ($700 per month) by Petitioner to Respondent for Alimony Pendente Lite ("APL") (hereinafter the "November 21St Order). A true and correct copy of the Order is attached to this Petition. 4. The November 21St Order was based upon the Court's determination that Respondent's monthly net income/earning capacity was $885.99 and Petitioner's monthly net income%aming capacity was $4,121.93. At the time of the November 21st Order, Respondent was residing alone, and receiving 50% custody of the parties' two minor children.' 5. Petitioner is entitled to a termination of this Order because of the following material and substantial changes of circumstance. 6. It has come to the attention of Petitioner that Respondent began new employment in January of 2009, earning approximately $32,000 per year. As such Respondent is currently earning, and has been earning for over four months as of the date of this Petition, over 2 %2 times the income%aming capacity she was held to in ..V'l?Vj,- ua" November of 2007. 7. Since the November 21st Order was entered, as well, Respondent has entered into a state of cohabitation with her boyfriend, Mark Speciale (hereinafter "Speciale"). 8. It is understood that Respondent began living with Speciale on May 31, 2008. Respondent resides with Speciale at a residence he owns. Respondent has stated to Petitioner that Speciale pays the majority of the household bills., 1 A child support order was also issued at the time of the November 21" Order, requiring Petitioner to pay $813 per month to Respondent, based on the Court's above-stated determinations of income. The parties have shared custody of the children on a 50150 basis from the time of their physical separation. 2 of 5 9. The living of Respondent is therefore substantially subsidized by Speciale, who works full-time and not only pays the mortgage, but pays the majority of the household bills. 10. It is estimated that Respondent's household (said household containing Respondent and Speciale, and the parties' two minor children on alternating weeks) brings in approximately $7,000 net per month, including child support and APL received by Respondent. After deducting payment of child support and APL, Petitioner's household brings in just under $2,900 net per month. 11. In the event that APL would be terminated, Respondent's household would continue to net approximately $6,300 per month. Petitioner's household would bring in only $3,600 per month. 12. As a result of these substantial and material changes in circumstance, further payment of APL by Petitioner is no longer required to provide Respondent equal standing during the course of the divorce proceeding. - 13. In fact, by continuing to pay APL, Petitioner is rendered unable to defend himself on equal standing with Respondent, in contravention of the -intent of 23 Pa. C. S.A. § 3702. WHEREFORE, Petitioner respectfully requests that the Court terminate the November 21St Order mandating payment of APL, and cause such to be terminated retroactively to May 31, 2008. z This estimation is based on the assumption that Speciale earns $50,000 gross per year, and nets 80% of his income. It is unknown to Petitioner exactly how much Speciale earns per month. In the event that Speciale earns more than this per year, Respondent's household income would be even higher. 3 of 5 WHEREFORE, in the event that the Court is unwilling to terminate APL retroactively to May 31, 2008, Petitioner respectfully requests that the Court terminate the November 21st Order mandating payment of APL, and cause such to be terminated retroactively to January of 2009, when Respondent began her new job. WHEREFORE, in the event that the Court is unwilling to terminate APL, Petitioner respectfully requests that the Court modify the November 21St Order, and substantially reduce the APL payment. Date: [it 0 4of5 VERIFICATION I, Matthew A. Locy, the Plaintiff in this matter, have read the foregoing Petition for Termination of Alimony Pendente Lite. I verify that my averments in this Petition 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. § 46M relating to unswom falsifications to authorities. Dated: 15 -C? 1 Matthew A. Locy 5 d5 CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, do hereby certify that on April 16, 2009, 1 served a true and correct copy of the foregoing Petition for Termination of Alimony Pendente Lite on Respondent's counsel, Courtney Kishel Powell, Esquire, at the following address via first class mail, postage prepaid on the date set forth below. Courtney Kishel Powell, Esquire James, Smith, Dietterick & Connelly, L.L.P. P.O. Box 650 Hershey, PA 17033 Attomey for Respondent *16 //1 T ate Cesl y J. Pean r, Esq. Su re a Court I.D. No. 91 175 Kop & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attomey for Petitioner f i OF THE Pr',Trl'1`'',,IOTARY 2009 APR 17 PH 1: 3Q !T'j to 1 VA COPY '40 a KELLY A. LOGY, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-5539 CIVIL TERM MATTHEW A. LOCY, IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 791109638 ORDER OF COURT AND NOW, this 20th day of April, 2009, a petition has been filed against you, Kelly A. Locy, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on May 12, 2009 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Courtney Kishel Powell, Esq. Lesley J. Beam, Esq. Date of Order: April 20, 2009 y _ .. rR. J. S V day, onference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPR NT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 OF THE 2609 APR 20 P 3: 05 iV j ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-5539 CIVIL State Commonwealth of pen Ivania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/29/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 618109557 886 S 2007 OOrigi nal Order/Notice @Amended Order/Notice O Terminate Order/Notice 00ne-Time Lump Sum/Notice RE: LOCY, MATTHEW A. Employee/Obligor's Name (Last, First, MI) 127-72-5592 Employee/Obligor's Social Security Number SIEMENS MEDICAL SERVICES 4296101897 C/O PAYROLL Employee/Obligor's Case Identifier MAIL CODE G 05 (See Addendum for plainfiff names 51 VALLEY STREAM PKWY associated with cases on attachment) MALVERN PA 19355-1406 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. $ 771.00 $ 0.00 $ 0.00 $ 0.00 $ 665.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment Arrears 12 weeks or greater? 0 yes ® no for a total of $ 1,436.00 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: $ '431 38 ? per weekly pay period. $ 718. oo per semimonthly pay period (twice a month) $ 662- 77 per biweekly pay period (every two weeks) $ 1, 436.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2)• If required by Pennsylvania law (23 PA C.S. S 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S 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 Form EN-028 Rev. 4 Worker I D $ IATT -A ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ei geecke you are required to provide gopy of this form to yourgmplo your lemo r employee vorks in a state that is i Brent rom the state that issued this or er, a copy must be provi ed t proyee even if t e box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2317041480 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:LOCY, MATTHEW A. EMPLOYEE'S CASE IDENTIFIER: 4296101897 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 employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (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 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT } ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOGY, MATTHEW A. PACSES Case Number 618109557 Plaintiff Name KELLY A. LOCY Docket Attachment Amount 00886 S 2007 $ 771.00 Child(ren)'s Name(s): DOB JULIA A. LOCY 1241/96 ALLISON M. LOGY' 11/20799, PACSES Case Number 791109638 Plaintiff Name KELLY A. LOCY Docket Attachment Amount 07-5539 CIVIL$ 665.00 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 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 Form EN-028 Rev. 4 Service Type M OMB No.: 097"154 Worker I D $ IATT APr,/ 4 ?^ 4 2on PI ', -I -N KELLY A. LOCY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-5539 CIVIL TERM MATTHEW A. LOCY, IN DIVORCE Defendant PACSES Case No: 791109638 ORDER OF COURT AND NOW, this 3rd day of June 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,281.63 and the Respondent's monthly net income/earning capacity is $ 4,599.84, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Three Hundred and 00/100 Dollars ($ 300.00) per month payable bi-weekly as follows: $ 300.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is April 17, 2009. Credit set at -$ 377.66 as of June 3, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Kelly A. Locy. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 .-1 -1 There is a downward deviation on this Order pursuant to the Plaintiff residing with another and sharing expenses with the other adult person in the household. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: June 4, 2009 to: Petitioner Respondent Courtney Kishel Powell., Esq. Lesley J. Beam, Esq. BY THE COURT, Tyl\ -L U4 A L. Ebert, Jr., J. DRO: R.J. Shadday FILE 0 2089 JUN -3 PM 3; ?; i ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 618109557 Co./City/Dist. of CUMBERLAND 886 S 2007 Date of Order/Notice 06/03/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SIEMENS MEDICAL SERVICES C/O PAYROLL MAIL CODE G 05 07-5539 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 127-72-5592 Employee/Obligor's Social Security Number 4296101897 Employee/Obligor's Case Identifier (See Addendum for plaintiff names 51 VALLEY STREAM PKWY associated with cases on attachment) MALVERN PA 19355-1406 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. $ 542.00 $ 0.00 $ 0.00 $ 135.00 $ 300.00 $ 0.00 $ 0.00 $ 0.00 $ per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment Arrears 12 weeks or greater? ® yes 0 no for a total of $ 977.00 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: $ 225.46 per weekly pay period. $ 488.50 per semimonthly pay period (twice a month) $ 450.92 per biweekly pay period (every two weeks) $ 977.00 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: rn. L. =ert, jr., wage u DRO: R.J. Shadday Form EN-028 Rev. 4 RE: LOCY, MATTHEW A. Service Type M oMSNo,:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecke you are required to provide a copy of this form to yourloyee. If yo r employee vyorks in a state that is di Brent rrom the state that issued this order, a copy must be provi3mpto 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. 2317041480 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:LOCY, MATTHEW A. EMPLOYEE'S CASE IDENTIFIER: 4296101897 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) (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: 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 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOGY, MATTHEW A. PACSES Case Number 618109557 PACSES Case Number 791109638 Plaintiff Name Plaintiff Name KELLY A. LOCY KELLY A. LOCY Docket Attachment Amount Docket Attachment Amount 00886 S 2007 $ 677.00 07-5539 CIVIL$ 300.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB JULIA A. LOCY 12/11/96 ALLISON M. LOCY 11/20/99 PACKS Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 DOB ' Child(ren)'s Name(s): s Name(s): DOB Child(ren) PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 DOB ' Child(ren)'s Name(s): s Name(s): DOB Child(ren) Addendum Form EN-028 Rev. 4 Worker ID $IATT Service Type M OMB No,: 0970-0154 RLED-Offl OF THE PROTHONOTARY 209 JUN -4 PM 3: 35 CUM CWNTY PENNSYLVANIA KELLY A. LOCY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MATTHEW A. LOCY, PACSES NO. 618109557 Defendant DOCKET NO. 886 SUPPORT 2007 KELLY A. LOCY, IN THE COURT OF COMMON'PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MATTHEW A. LOCY, PACSES NO. 791109638 Defendant DOCKET NO. 5539-07 CIVIL ORDER OF COURT AND NOW, this 10th day of August, 2009, this matter having, been scheduled for a hearing de novo before the Support Master on the Husband's petitions for modification of child support and alimony pendente lite,' and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master, it is ordered and decreed as follows: 1. Effective February 1, 2009, Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Julia A. Locy, born December 11, 1996 and Allison M. Locy, born November 20, 1999, the sum of $542.00 per month inchild support, and $135.00 per month on arrears; Wife shall be responsible for the direct payment of said children's orthodontic bills. 2. Effective February 1, 2009 Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $300.00 per month. 3. Any overpayment made by Husband shall be applied to the arrears set at each respective docket. 4. Nothing contained herein shall prevent either party from petitioning to modify either the order for alimony pendente lite or child support in the event of a material, substantial and continuing change of circumstances in either party's income and/or overall financial circumstances. By the Court, N -L - ?-L4 M. L. Ebert, Jr., J. Cc: Kelly A. Locy Matthew A. Locy Courtney K. Powell, Esquire For the Plaintiff Lesley J. Beam, Esquire For the Defendant DRO RLL ?DF THc r- << ?f 2009'A G 1 ! PM '1: 4 KELLY A. LOCY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-5539 CIVIL TERM MATTHEW A. LOGY, IN DIVORCE Defendant/Respondent PACSES CASE: 791109638 ORDER OF COURT AND NOW to wit, this 1 lth day of August, 2009, it is hereby Ordered that the pursuant to the Support Master's Order of August 10, 2009, the credit of $1,220.39 on the Alimony Pendente Lite account is directed to PACSES Case #618109557 on the medical expense account. The current balance on the Alimony Pendente Lite account is zero as of August 11, 2009. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Courtney Kishel Powell, Esq. Lesely J. Beam, Esq. Form OE-001 Service Type: M Worker: 21005 k ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State -Commonwealth of P nn ylvania Co./City/Dirt. Of CUMBERLAND Date of Order/Notice 08/11/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SIEMENS MEDICAL SERVICES C/O PAYROLL MAIL CODE G 05 51 VALLEY STREAM PKWY MALVERN PA 19355-1406 618109557 886 S 2007 07-5539 CIVIL O Origi nal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: LOGY, MATTHEW A. Employee/Obligor's Name (Last, First, MI) 127-72-5592 Employee/Obligor's Social Security Number 4296101897 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. $ $ $ 542.00 0.00 0.00 $ 0.00 $ 300.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 842.00 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: $ 194.31 _ per weekly pay period. $ 421.00 per semimonthly pay period (twice a month) $ 388.62 _ per biweekly pay period (every two weeks) $ 842.00 per mor9thly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S 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: DRO: R.J. Shadday Service Type M Arrears 12 weeks or greater? 0 yes ® no OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] if hecky you are required to provide asopy of this form to youumployee. If your employee works in a state that is di Brent rom the state that issued this or 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 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. 2317041480 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:LOCY, MATTHEW A. EMPLOYEE'S CASE IDENTIFIER: 4296101897 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 13 N. HANOVER ST P.O. SOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by.internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 097"154 Form EN-028 Rev.5 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOGY, MATTHEW A. PACSES Case Number 618109557 Plaintiff Name KELLY A. LOCY Docket Attachment Amount 00886 S 2007 $ 542.00 Child(ren)'s Name(s): DOB JULIA A. LOCY 12/11/96 ALLISON M. LOCY 11/20/99 PACSES Case Number 791109638 Plaintiff Name KELLY A. LOCY Docket Attachment Amount 07-5539 CIVIL$ 300.00 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 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 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $ IATT FiLEU- 2J?3 «a 12 1"u'1 2- 4 i? IN T`HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION KELLY A. LOCY, ORDER NO. 00886 S 2007 Plaintiff V. PACSES CASE NO. 618109557 DOCKET NO. 00886 S 2007 MATTHEW A. LOCY, Defendant IN SUPPORT KELLY A. LOCY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5539 PACSES CASE NO.791109638 MATTHEW A. LOCY, Defendant CIVIL ACTION-LAW STIPULATION AND NOW, this 7th day of August , 2009, Matthew A. Locy (hereinafter referred to as "Husband') represented by Lesley J. Beam, Esquire, and Kelly A. Locy (hereinafter referred to as "Wife") represented by Courtney Kishel Powell, Esquire, having reached an agreement to mutually settle and resolve the issue of Husband's outstanding Petition for Modification of Child Support, and Petition for Termination of Alimony Pendente Lite in the above-cited support actions, hereby stipulate and agree as follows: WHEREAS, Husband filed a Petition for Modification of the Child Support Order on April 20, 2009, and a Petition for Termination of the Alimony Pendente Lite Order on April 17,2009; and WHEREAS, an Interim Order of Court was entered on June 3, 2009, reducing Petitioner's child support obligation to $542.00 per month plus $135.00 per month in arrears, effective April 20, 2009; and WHEREAS, an Interim Order of Court was entered on June 3, 2009, reducing the required Alimony Pendente Lite (APL) payment from Petitioner to Respondent to $300.00 per month, effective April 17, 2009; and WHEREAS, a hearing de novo has been scheduled on both Petitions before Support Master Rundle, on August 10, 2009, at 10:30 a.m.; and WHEREAS, it is the intent of Husband and Wife to avoid litigation, and resolve by agreement the dispute regarding child support and alimony pendente lite that Husband shall pay, NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties, the parties hereby agree and it shall be ordered that: 1. Effective February 1, 2009, Husband shall pay the sum of $542.00 per month in child support, plus $135.00 per month in arrears at PACSES Case No. 618109557. Wife shall be responsible for the direct payment of the children's orthodontia bill. 2. Effective February 1, 2009, Husband shall pay the sum of $300.00 per month in alimony pendente lite at docket no. 07-5539, PACSES Case No. 791109638. 3. Any overpayment made by Husband shall be applied to the arrears set at each respective docket. 4. The hearing de novo currently scheduled for August 10, 2009 at 10:30 a.m. before Support Master Rundle shall be cancelled and the matter shall be deemed concluded. 2 5. Nothing in this Stipulation shall prevent either party from petitioning to modify the Order for APL and/or the Order for child support in the event of a material, substantial and continuing change of circumstances in either party's income and/or overall financial circumstances. WHEREFORE, the parties so stipulate on the date first written above. ey J , Esquire. Matthew A. Locy, Petitzone ttorne for Petitioner 624 Allenview Drive ope & Associates, LLC Mechanicsburg, PA 17055 395 St. John's Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 , Courtney Kishe we11, Esquire Attorney for Res dent James, Smith, Dietterick & Connelly, LLP P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 Kelly A: L96y, R?o1 32 Palmer rive Camp Hill, PA 17011 3 OF THE PF ROMAR f 2M AUG 13 M 2: 3 4 ?PD#4W COLM ?n r . f o-6 ' -,j (. ?d e, Fax No. 0"1- SS 3G Aug 12 2009 03:21pm P001/002 CUMBERLAND COUNTY DOMESTIC RELATIONS Date of Application: /0'j. Request for Support Record Search Name. `-DC Ala 1--f-A e 1 A Address: Cvd1i? fllig!4 s-{G? ` %.j •.' Social Security Number: -. 77..22 - S • D•O.B- 976 Domestic Relations Case Number if Known: Pasty Requesring Information. k print Nam 5 Q14 ittrF Name) 717- 7 B7_- 93.1M 3 &9 Ca 221 5 ?If I PA (Telephone Number) (Address) (Fsx Numbar) (Signature) A Twenty Dollar (S20.00) Fee ws Due per Social Security Number Make check or money order payable to; DRS/Lien Search 7C INITIAL REQUEST Has no Record in Domestic Relations as of. Aetc ( ) cry 30, S0 Support ArTean as of End of Month,, Prior to Date of Application. S Monthly Total Support Obligation:. $ 300.00/mon* The Amount shown above is reflected in the Domestic Relations Section Office of Cutaberland County, Pennsylvani& ft)Mb ¢.r ?{ ?9 jo o ( g °t 7 Dome*tic Relations Case Number: PdC` ? # ?qt I 10-38 Signed: (Lien Search Coordinator) (Date-) BRING-DOWN REQUEST Support Arrears; S As Of: (Date) Signed: (Lien Coordinator) (Date) *** Lien Sati.sfisfaction Receipt Available Upon Request*** . CC 720 OF THE Fit". at?':;; A) ?Y 2009 AUG 25 Ail - t, 8 UMfu No. 0-7-S-539 C; vt CUMBERLAND COUNTY DOMESTIC RELATIONS Date of Application: OCT 0 8 2009 Request for Support Record Search Name: Loci mo_- - hew A (Last (First) (M 1) Address: &1H AIJ _n\11 br - M¢`lnar?ic?bur PA 0uSS Social Security Number: I a-? - 7,2 -,559 a D. .B.: S I -7 Domestic Relations Case Number if Known: Party Requesting Information: P u r "-4-y b s F r a ck Ca (Print Name of Firm Name) '717- -73^7 - 2 3 Sq (Telephone Number) 3.;,29 (Y\0.r ke-+ St .. CAMP H i ( I PA 17011 (Address) -71-7- 4'11-a53q (Fax Number) (Signature) A Twenty Dollar ($20.00) Fee is Due per Social Security Number Make check or money order payable to: DRS/Lien Search X- INITIAL REQUEST Has no Record in Domestic Relations as of: (Date) Support Arrears as of End of Month Prior to Date of Appl'cation: $ F red 1+ o4^ 3 5. 2 Monthly Total Support Obligation: $300. 00/ m o n The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. M 2txi b er # Nag to I D 1 9 q-7 Domestic Relations Case Number: P o C S eS -# '7 9 i I© q (o 3 2 Signed: Qk& M . Cl (Lien Search Coordinator) BRING-DOWN REQUEST Support Arrears: $ Signed: (Lien Coordinator) As Of: la?? 0 9 (Date) (Date) (Date) * * * Lien Satisfisfaction Receipt Available Upon Request* * * CC720 OF 7`7 IOTAPY 2 39O'C" _3 PH 3* 07 i 210 hAR 26 Ph 3: 01 CUM .; i.?9J1?1V CY KELLY A. LOCY Plaintiff, VS. MATTHEW A. LOCY, Defendant. MATTHEW A. LOCY Plaintiff, VS. KELLY A. LOCY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2007-5539 CIVIL ACTION - LAW IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2007-5542 CIVIL ACTION -LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Kelly Locy of Cumberland County, Pennsylvania ("Wife") and Matthew Locy of Cumberland County, Pennsylvania ("Husband"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on August 24, 1996, in Camp Hill, Cumberland County, Pennsylvania; WHEREAS, the parties separated on August 17, 2007; WHEREAS, the parties are the parents of two minor children; mainly Julia Locy, KAL MAL 1 of 25 born December 11, 1996 and Allison Locy, born November 20, 1999. 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, 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. Y& 44 2 of 25 KAL MAL C. ' 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" or "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 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 3 of 25 KAL MA 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, 2007, as captioned above, seeking a divorce decree pursuant to, among other provisions, Section 3301(c) of the Divorce Code. Wife has also filed a Divorce Complaint in the Court of Common Pleas of Cumberland County, docketed at 2007-5539. The dockets were consolidated by Order dated November 2, 2007, issued by the Honorable Kevin A. Hess. The parties shall execute the Affidavits of Consent and Waivers of Notice required to obtain a divorce pursuant to § 3301(c) of the Divorce Code at the time that they execute this Agreement. Wife shall provide the executed documents to counsel for Husband simultaneously with the executed Agreement, for his counsel to file. The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to § 3301(c) of the Divorce Code. As defined in the Divorce 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 Divorce Code is entered as soon as practical, but in any event not later than two (2) 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. Husband's counsel will provide Wife's counsel with a copy of the Divorce Decree upon receipt. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps ij,-, 4 of 25 KAL MA ?4 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 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 non-breaching 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 unless in writing executed by both 5 of 25 KAL M '6? parties in accordance with paragraph 14 of this Agreement. 9. ADVICE OF COUNSEL Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wife has been represented by Courtney Kishel Powell, Esquire, of James, Smith, Dietterick and Connelly. Husband has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. 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 lite, counsel fees, costs, alimony, distribution of property, or other financial benefits 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. a ? 6 of 25 KAL MAL t 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 compel discovery and verification of facts relative to all marital assets and marital debts subject to equitable distribution, including but not limited to deposing the other party, requiring the other party to answer Interrogatories, and requesting Production of Documents; 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. 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, which discharge causes the other party to bear the obligation of the discharger, the other party shall have the right to seek payment, dollar for dollar, for any obligation which has become that person's obligation, as well as payment for any and all attorney's fees incurred in securing those funds from the discharging party. 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 1 /CIA 7 of 25 L MAL 11 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 of the United States, or (iii) any other country; C. Marital Riahts: 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. By executing this agreement, it is the intention of Husband and Wife to give to the other party 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. ?aL 4;? 8 of 25 KAL 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 two (2) weeks 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. 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. 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: MA 9 of 25 KAL MAL t A. Divorce Code Remedies: The right to all remedies set forth in the Pennsylvania Divorce Code, 23 Pa.C.S. § 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. 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 receipt of such notice, which shall be given by certified mail, restricted delivery only, to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. In the event that proof of receipt cannot be accomplished within thirty days of mailing, the nonbreaching party shall have the right to take action to enforce his or her rights under the Agreement whether the breaching party has received notice or not. -4 10 of 25 KAL MAL 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 such tax and any interest, penalty or other expense arising therefrom in relation to that party's fault in such deficiency, 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 after the execution of this Agreement, from any joint filing from a previous year, 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 tax year of 2009, for the current tax year of 2010, and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of five (5) 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. D. Dependency Exemptions and Tax Filings: The parties agree that while both children can be claimed as dependents for tax purposes, Wife will claim Allison Locy as her dependant, and Husband will claim Julia Locy as his dependent, for the tax years of 2009 and thereafter. When only one child is eligible to be claimed as an exemption, the parties shall rotate the exemption each year. Husband shall be permitted to take the exemption the first year. If a party fails to comply with the provisions set forth in this paragraph, 4 11 of 25 KAL MAL the breaching party shall be responsible to pay for the other party's audit fees, accounting fees, counsel fees, tax liability, and any other costs incurred as a direct result of the breach. 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 hereby waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein. The parties further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is 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 Theparties' assets and debts shall be divided and distributed as follows: ?12 12 of 25 KAL MAL A. Real Estate: Husband and Wife Husband have jointly owned real estate, specifically a house and lot known and numbered as 624 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "premises" or "residence"). The premises were sold as of November 24, 2009, and the mortgage and home equity line of credit ("HELOC") previously encumbering the residence have been satisfied. Husband has paid the funds required for closing costs on the sale of the residence and shall receive any refund from the escrow account or homeowner's insurance received. 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 has been divided by agreement of the parties at the time of execution of this Agreement. (2) To Husband: All personal property has been divided by agreement of the parties at the time of execution of this Agreement. (3) A computer owned by Wife's mother, Carol Connors, is currently in the possession of Husband. Husband shall relinquish the computer in working order to Carol Connors within five days of execution of the Agreement. If Husband is unable to locate the computer or otherwise unable to give Carol a working computer, he shall give her $500.00 towards the purchase of a new computer. C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles (which shall be defined to include automobiles, boats, snowmobiles, motorcycles, trailers, 13 of 25 KAL MAL campers and the like) owned by one or both of the parties, and loans associated therewith, shall be divided and distributed as follows: (1) To Wife: Wife shall have full ownership of the 2007 Hyundai Santa Fe, and shall be solely and fully liable for repayment of the associated car loan through Wachovia, which at the time of separation was $24,500.95. (2) To Husband: Husband shall have full ownership of 2005 Hyundai Sonata, and shall be solely and fully liable for repayment of the associated car loan through Members First, which at the time of separation was $15,360.95. (3) In the event that any of the vehicles are encumbered with a loan, the party receiving ownership of the vehicle shall be solely and fully responsible for repayment of the loan, and shall make all attempts to refinance said loan at a reasonable interest rate. In the event the party cannot refinance said loan, that party shall make timely monthly payments on said vehicle each and every month until the vehicle can be refinanced or paid in full. In the event the payments are untimely, and the other party makes a payment on the debt to keep it current, that party shall be entitled to recoup the full payment of the loan payment within thirty days. Husband agrees to indemnify, protect and hold Wife harmless from and against any and all liability he assume under this paragraph including, but not limited to, any attorney's fees and costs that Wife should incur as the result of defending against the obligation and/or enforcing the provisions of this indemnification. Wife agrees to indemnify, protect and hold Husband harmless from and against any and all liability she assumes under this paragraph including, but not limited to, any attorney's fees and costs that Husband should incur as the result of defending against the obligation and/or enforcing the provisions of this indemnification. -A 14 of 25 KAL M (4) The parties are responsible for securing and maintaining their own insurance on the vehicles assigned to each, respectively, as of the date of execution of this Agreement. The parties agree that each party will be solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles, and hold the other party harmless. D. Title Transfer: The vehicles owned by the parties respectively shall 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 is currently titled in the names of both parties, the parties shall transfer title of the vehicle into the name of the party who will receive sole ownership of it in accordance with this Agreement. The parties shall execute any and all paperwork required by the Pennsylvania Department of Transportation to effectuate the title transfer. Said title transfer of any vehicle under this section must be made in accordance with the law within thirty (30) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Bank Accounts: 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 all joint accounts have been closed as of the date of this filing, and the contents distributed to the mutual satisfaction of the parties. 15 of 25 KA MAL 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 and all shares, accounts, and/or investments currently held in Wife's name alone. (2) To Husband: Any and all shares, accounts, and/or investments currently in Husband's name alone. (3) The parties assert that there are no joint shares, accounts, and/or investments held in the names of both parties. 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. Each party hereby waives any and all rights they may have to the value or a portion of the value of the life insurance policy of the other party. H. 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 Wife: Wife shall be solely liable for the following debts: (a) Any and all monies owed on Wife's Chase Credit account, account number ending in 8331, which had a balance of $2,749.50 at the time of separation; (b) Any and all monies owed on the Capital One Credit account, account number ending in 0122, which had a balance of $2,348.64 at separation; (c) Any and all monies owed on Wife's student loan with AES, which had a balance of $1,909.31 at separation; and I? 16 of 25 KAL L (d) Any and all monies owed on any other debts incurred in Wife's name alone. Wife shall ensure that Husband is removed from the aforementioned accounts as an authorized user, and shall indemnify, protect and hold Husband harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs that the other should incur as the result of defending against the obligation and/or enforcing the provisions of this indemnification. Wife agrees that she will not charge any additional amounts on any credit cards that are held in the names of both Husband and Wife. Wife shall make timely payments on these accounts until the accounts are paid in full. (2) To Husband: Husband shall be solely liable for the following debts: (a) Any and all monies owed on the parties' joint Wells Fargo credit account, account number ending in 3581, which had a balance of $1,592.66 at separation; (b) Any and all monies owed on the parties' joint GE Money credit account, account number ending in 8605, which had a balance of $766.53 at separation. This account has been paid in full and closed at the time of execution of this Agreement; (c) Any and all monies owed on Husband's student loan with AES, which had a balance of $2,065.63 at separation; and (d) Any and all monies owed on any other debts incurred in Husband's name alone. The only remaining credit card account in the names of both Husband and Wife is the parties' joint Wells Fargo credit account, account # ending in 3581. This account has been frozen and no further charges can be added. Husband and Wells Fargo have negotiated the terms of 17 of 25 KA M L the payoff of the account, to eliminate the remaining debt. Husband shall continue to make the agreed upon payments of $94.44 per month, which amount is to continue to be directly debited from Husband's account, until this account is paid off in full. In the event that Husband is able to rollover the debt into his name alone, at an equivalent or lower interest rate, Husband shall do so. Husband shall indemnify, protect and hold Wife harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs that the other should incur as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 1. 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 monies contained in retirement plans in Wife's name. It is acknowledged that as of the date of separation, Wife did not have any retirement plans. (2) To Husband: Any and all monies contained in retirement plans in Husband's name. It is acknowledged that Husband had one retirement plan through his employer at the time of separation, which had a balance of approximately $150.00. 23. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any 18 of 25 KAL MAL property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. B. Liens: In the event that 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. Each party will indemnify and hold the other party harmless from all liability and liens associated with the assets they are receiving pursuant to the terms of this Agreement. C. Debt Balances and Prior Payments: 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 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 assets and debts herein provided. D. 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. E. Cancellation of Joint Debts: Except as otherwise stated herein, any joint debt shall be frozen and/or closed so that neither party can make any AIX 19 of 25 KAL MAL 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, as well as any interest, finance charges, late fees and any other fees generated thereon, and shall hold the other party harmless from said obligation. F. 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 in full as it becomes due and payable, as well as all interest charges, finance fees, and late fees generated thereon. G. No Further Joint Debt and No Additional 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. 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 other party's estate might be responsible. SECTION 111 COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 24. 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. 20 of 25 KAL MAL 25. ALIMONY, APL, AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured and maintained an 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. The parties hereby confirm that they have negotiated their overall Agreement based upon the nonpayment of spousal support and/or alimony by Husband to Wife or by Wife to Husband. It is the parties' specific agreement and understanding that neither party shall be granted alimony or spousal support by any court. An award of alimony pendente lite is currently in effect through Domestic Relations, Docket No. 07-5539, PACSES No. 791109638, in which Wife is receiving APL in the amount of $300 per month. This shall terminate effective the date of the divorce decree. Wife shall sign the Affidavit of Consent and Waiver of Notice at the & A V- 21 of 25 KAL MAL same time that she signs the Agreement, and shall forward such simultaneously execution of this Agreement. Any overpayments made as a result of delay in the terminating the wage attachment shall be applied as a credit to the child support owed by Husband at docket number 886 S 2007, PASCES No. 618109557. Any arrearage owed on the account shall be paid in full within thirty (30) days of closing the case. 26. HEALTH INSURANCE FOR WIFE AND HUSBAND: Husband currently provides health insurance coverage for himself. Wife currently provides health insurance coverage for herself. 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. Nothing in this paragraph shall preclude either party from applying for and receiving COBRA coverage through the other party's health insurance, if eligible. If such party elects the other's COBRA coverage, that party shall be solely responsible to pay for said coverage. SECTION IV CLOSING PROVISIONS AND EXECUTION 27. 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. '''4 KA MAL 22 of 25 28. DOCUMENT EXECUTION: Wife and Husband covenant and agree that they will forthwith and within at most two (2) weeks after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other writings as may be necessary or desirable for the proper effectuation of this Agreement, and which shall be executed in order to carry out fully and effectively the terms of this Agreement. Such documents include, but are not limited to, an affidavit of consent, a life insurance change of beneficiary, a life insurance application, deeds, trusts, mortgage applications or refinancing documentation, bank account or safe deposit box releases, checks, Escrowee letters of direction, IRS forms and other tax forms, transfers of automobile, boat or other assets involving certificates of title, letters to creditors, and health insurance documents. 29. JURISDICTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. While the parties understand that they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective without respect to where the parties are domiciled at any time in the future, or wherever in the world property is located that is owned or controlled by either party. If, under the laws of any other jurisdiction either party would be entitled to any right, power or interest under the laws of that jurisdiction, then only to the extent necessary to effect a complete waiver, release or relinquishment of such right, power or interest, and thereby effectuate this Agreement, the laws of such jurisdiction shall apply. If one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the parties intend that such invalidity or unenforceability shall not affect the remaining provisions, which shall nonetheless be valid and enforceable. If it is necessary that any invalid provision be replaced in order to interpret properly the remaining provisions of the Agreement, 41"? l 23 of 25 KAL M L any such invalid provision shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. 30. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall continue in full force, effect and operation. 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. 32. HEADINGS. The paragraph headings and other captions used in this Agreement have been inserted for convenience and reference only, and do not constitute matter to be construed in interpreting this Agreement, nor shall they be considered to modify the provisions which they precede. [This section intentionally left blank.] ' 24 of 25 KAL MAL 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 may have been executed in various counterparts, each of which shall constitute an original. WITNESS: I M (SEAL) Kelly A. LLbcy " Date: (SEAL) Matthew A. Locy Date: 3 / Z<) I o tl?LL MAL 25 of 25