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Home My WebLink About07-6231 Divorce Complaint Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 a Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Susan L. Bruner, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff NO. elu,,,,/ V. : CIVIL ACTION - LAW. MICHAEL L. BRUNER, DIVORCE Defendant . NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff NO. 72r- ' V. CIVIL ACTION- LAW MICHAEL L. BRUNER, DIVORCE Defendant COMPLAINT Plaintiff, Susan L. Bruner by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Susan L. Bruner, an adult individual who currently resides 48 Sycamore Drive, Mechanicsburg, Cumberland County, PA 17050 since 2000. 2. The Defendant is Michael L. Bruner, an adult individual residing at 48 Sycamore Drive, Mechanicsburg, Cumberland County, PA 17050 since 2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 3, 1995 at Mechanicsburg, Cumberland County, PA. 5. Plaintiff avers that there is one child under the age of eighteen (18) born of the marriage, namely, to wit: Logan M. Bruner, born 1/5/1999. 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. Plaintiff avers that the grounds on which the action is based are: -1- A. Section 3301 (c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 12. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from June 3, 1995, the date of their marriage, until, the date of their separation, all of which are "marital property" or "marital debts". 13. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 14. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE. ALIMONY 15. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. -2- 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV COUNSEL FEES. COSTS AND EXPENSES 18. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 19. Plaintiff has employed legal counsel in this case, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees , costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, DI CLIFF, ESQUI 3 8 Trindl oad Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 -3- VERIFICATION SUSAN L. BRUNER verifies that the statements made in this Complaint are true and correct. SUSAN L. BRUNER understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. L)6an SUSAN L. BRUNER Date: /o? 5 Z:) 7 -4- N A I k; V? ? H W 1 C) f? i t (7 C-) rv Zz- t ;tom ?,'rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff V. MICHAEL L. BRUNER, Defendant NO. 07-6231 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on October 29, 2007, 1 served a true and correct copy of the Complaint in Divorce upon Michael L. Bruner, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Michael L. Bruner 48 Sycamore Drive Mechanicsburg, PA 17050 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. 'DIANE G. CLIFF, ESQUIRE\, le Road Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this % day ofd , 201Z. NOTARY PUBLIC COMMONWTH OF PENN8YL My commission expires: Notarial Seel Deborah L DONGY, Notary Pd* camp W Boro, 0ATiberlarw C* My Cor VyjWonE*hW Member, Pennsylvanle As"datlon of N I ?- ¦ Complete Items 1, 2, and S. also complete item 4'If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: /&Mtx1/ z /7050 A. Signature X ? Agent Addressee eceived by (Printed Name) C. Date of Delivery rr le,'Ovd4c -e !5.4 D. Is delivery address nt from item 0s Yes If YES, enter deli address below: No cc, Y 3. Type ied Mall ? Express Mail 17 Registered 0 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 2. ArticleNumbw 7007 0710 0003 9223 8922 PS Form 3811, February 2004 DorneWc Reim Receipt 103e5-02.Wttao EXHIBIT "A" RETURN RECEIPT CARD f lr , cr ._ _ SUSAN L. BRUNER Plaintiff V. MICHAEL L. BRUNER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6231 CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ENTRY OF APPEARANCE AND NOW, this day of November 2007, comes undersigned counsel, MCSHANE & HITCHINGS, LLC, and Joseph L. Hitchings, Esquire and respectfully requests that his appearance be entered on behalf of the Defendant, Michael L. Bruner, in the above- captioned matter. Respectfully submitted, MCSHANE & HITCHINGS, LLC h 7ogeph L. Hitchings, EsquN Attorney Identification No.: 655 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 (717) 657-3900 Attorney for Defendant { SUSAN L. BRUNER Plaintiff V. NO. 07-6231 CERTIFICATE OF SERVICE I, Joseph L. Hitchings, Esquire, hereby certify that the following service has been MICHAEL L. BRUNER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY OF PERRY COUNTY: completed in compliance with the Rules of Civil Procedure: Via first class mail Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Respectfully submitted, MCSHANE & HITCHINGS, LLC i6s-eph L. Hi(chings, Attorney Identification No.: 51 4807 Jonestown Road, Suite 14 Harrisburg, Pennsylvania 17109 (717) 657-3900 Attorney for Defendant r? C=l t1 .r - te ;'Iy ,'? Y-- ..rS _ s i YOUR HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. FOR THE COURT: COURT ADMINISTRATOR - 2 - APL Conference Petition Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 * Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Susan Bruner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff : NO. 07-6231 CIVIL TERM V. MICHAEL L. BRUNER, Defendant : CIVIL ACTION - LAW : DIVORCE : PACKS NO. PETITION FOR ORDER FOR ALIMONY PENDENTE LITE AND NOW, this 14th day of November, 2007, comes the Petitioner, Susan L. Bruner, who files the this Petition for Alimony Pendent Lite and respectfully represents that: 1. Petitioner, Susan L. Bruner, is an adult individual whose mailing address is P.O. Box 722, Mechanicsburg, Cumberland County, PA 17055 and is the Plaintiff in the above captioned divorce action. 2. Respondent, Michael L. Bruner, is an adult individual residing at 48 Sycamore Drive, Mechanicsburg, Cumberland County, PA 17055, and is the Defendant in the above captioned divorce action. 3. Petitioner and Respondent were married on June 3, 1995, at Mechanicsburg, PA and separated on October 17, 2007. 4. The within action was instituted by the filing of a Divorce Complaint by Plaintiff, Susan L. Bruner, on October 24, 2007. 5. In the Divorce Complaint filed on October 24, 2007, Petitioner raised a claim for Alimony Pendente Lite. 6. This Petition is filed to secure the entry of an order for alimony pendente lite on - 1 - the Plaintiff's claim for Alimony Pendente Lite. 7. Respondent has not sufficiently provided support for the Petitioner. 8. Petitioner is not on a financial par with Respondent in prosecuting and/or defending this Divorce Action, and is unable to support herself in accordance with the standard of living established during the marriage. 9. On November 14, 2007, Plaintiff filed a claim for spousal support in the Cumberland County action docketed to No. 00957 S 2007, PACKS No. 193109617. Defendant has denied entitlement and therefore the claim is being referred to the Support Master. 10. A background information sheet pertaining to this claim for Alimony Pendente Lite has been filed with Domestic Relations as required by Local Rules of Court as part of the child support action docketed to No. 00877 S 2007, PAGES No. 994109554. 11. The amount of Alimony Pendente Lite requested by the Petitioner is the maximum amount provided for under the guidelines. WHEREFORE, Petitioner prays that the Court enter an Order: a. Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; b. Requiring the Respondent to provide medical insurance and support for the Petitioner. Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Petitioner - 2 - Respectfully submitted, VERIFICATION I verify that the statements made in this Petition for Alimony Pendent Lite are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. SUSAN L. BRUNER DATE: ? l Ul0.7 - 3 - n e f C:D t CA) rV rn v In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN L. BRUNER ) Docket Number 07-6231 CIVIL Plaintiff ) vs. } PACSES Case Number 136109622 MICHAEL L. BRUNER } Defendant } Other State ID Number ORDER OF COURT You, MICHAEL L. BRUNER plaintiff/defendant of 48 SYCAMORE DR, MECHANICSBURG, PA. 17050-7925-48 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 19, 2007 at 8: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-509 Rev. 1 Service Type M Worker ID 21302 BRUNER V. BRUNER PACSES Case Number: 136109622 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: t ?J4 - JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. Service Type M Worker ID 21302 9 t10 8 OZ AONL Jz I A 3 -0 3111 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN L. BRUNER ) Docket Number 07-6231 CIVIL Plaintiff ) vs. ) PACSES Case Number 136109622 MICHAEL L. BRUNER ) Defendant ) Other State ID Number ORDER OF COURT You, SUSAN L. BRUNER plaintiff/defendant of PO BOX 722, MECHANICSBURG, PA. 17055-0722-22 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 19, 2007 at s: 3 0AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-509 Rev. 1 Service Type M Worker ID 21302 J BRUNER v• BRUNER PACSES Case Number: 136109622 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: I -.)0 _?? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. Service Type M Worker ID 21302 V •0, J O A04 LOOZ r Support Stipulation Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeraddiff @comcast.net Attorney for Susan L. Bruner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION SUSAN L. BRUNER, Plaintiff NO. 00877 S 2007 V. : PACKS NO. 994109554 MICHAEL L. BRUNER, : CHILD SUPPORT Defendant and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff NO. 07-6231 CIVIL TERM PAGES NO. 136109622 DIVORCE/ALIMONY PENDENTE LITE V. MICHAEL L. BRUNER, Defendant STIPULATION FOR ENTRY OF SUPPORT/APL ORDER AND NOW, this f 7?Aday of December, 2007, the parties, Susan L. Bruner and Michael L. Bruner, hereby stipulate and agree as follows: WHEREAS, on October 19, 2007, Plaintiff, Susan L. Bruner, filed a claim for child support in the above captioned child support action; and WHEREAS, on or about November 19, 2007, Plaintiff, Susan L. Bruner, filed a claim for alimony pendente lite ("APL") in the above captioned divorce action; and WHEREAS, the parties have reached an agreement regarding the above referenced child support and APL claims as more fully hereinafter set forth; and 1 0 a's WHEREAS, as found by the Domestic Relations Conference Officer in the support conference held on November 14, 2007, Defendant's net monthly income is $3,557.32 and Plaintiff's net monthly income is $1,728.43. NOW THEREFORE, in consideration of the premises and mutual promises herein set forth, the parties hereto, intending to be legally bound hereby, agree and stipulate as follows: 1. Effective 10/19/2007, Defendant shall pay to Plaintiff child support at the rate of $531.00 per month as follows: Monthly Amount Payment Period Biweekly Payment Amount Description Beneficiary $531.00 Biweekly $245.08 Child Support Logan M. Bruner 2. Effective 11/19/2007, Defendant shall pay to Plaintiff the sum of $892.00 per month in child support and alimony pendente lite as follows: Monthly Amount Payment Period Biweekly payment amount Description Beneficiary $531.00 Biweekly $245.07 Child Support Logan M. Bruner $361.00 Biweekly 166.62 Alimony Pendente Lite Susan L. Bruner $892.00 total -- $411.69 Total -- -- 3. In addition to the Child Support and APL amounts set forth above Defendant shall pay $65.00 per month on account of arrears payable biweekly in the amount of $30.00 4. The support shall be paid to Pennsylvania State Collection and Disbursement Unit, P.O. Box 69110, Harrisburg, PA 17106-9110. Defendant's wages are to be attached to effectuate this payment. 5. Defendant shall provide health insurance coverage on the beneficiaries of this action. 6. Unreimbursed medical expenses of the obligee and child that exceed $250.00 2 annually shall be allocated between the parties. The party seeking allocation must provide documentation of expenses to the other party no later than March 31s' of the year following the calender year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid 33% by Plaintiff and 67% by Defendant. 7. The APL shall terminate upon the entry of the divorce decree between the parties. Provided Defendant pays the APL amount herein provided and Plaintiff does not become disabled and unable to work by the date of the entry of the divorce decree, Plaintiff waives any claim to alimony or support post divorce. 8. The terms of this Stipulated Agreement shall be incorporated in an Order of Court to be prepared by Domestic Relations and shall contain all other standard terms included in the Orders which may not be specifically referenced herein. IN WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year below written. I LA-Da x, (SEAL) DCLIFF, ESQUIR SUSAN L. BRUNER Dated: -/ V// 7/0 za ?CP cQtch Dated: /'. i -i (v -7 MICHAEL L. BRUN Dated: .42-11-710 Dated: C% 3 (SEAL) na L? i... rn 'C r Ln C3'+ .A r Support Stipulation Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Susan L. Bruner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION SUSAN L. BRUNER, Plaintiff NO. 00877 S 2007 V. : PACKS NO. 994109554 MICHAEL L. BRUNER, CHILD SUPPORT Defendant and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff V. MICHAEL L. BRUNER, Defendant NO. 07-6231 CIVIL TERM PACKS NO. 136109622 DIVORCE/ALIMONY PENDENTE LITE STIPULATION FOR ENTRY OF SUPPORT/APL ORDER AND NOW, this 0 Vday of December, 2007, the parties, Susan L. Bruner and Michael L. Bruner, hereby stipulate and agree as follows: WHEREAS, on October 19, 2007, Plaintiff, Susan L. Bruner, filed a claim for child support in the above captioned child support action; and WHEREAS, on or about November 19, 2007, Plaintiff, Susan L. Bruner, filed a claim for alimony pendente lite ("APL") in the above captioned divorce action; and WHEREAS, the parties have reached an agreement regarding the above referenced child support and APL claims as more fully hereinafter set forth; and 1 y -40 WHEREAS, as found by the Domestic Relations Conference Officer in the support conference held on November 14, 2007, Defendant's net monthly income is $3,557.32 and Plaintiff's net monthly income is $1,728.43. NOW THEREFORE, in consideration of the premises and mutual promises herein set forth, the parties hereto, intending to be legally bound hereby, agree and stipulate as follows: 1. Effective 10/19/2007, Defendant shall pay to Plaintiff child support at the rate of $531.00 per month as follows: Monthly Amount Payment Period Biweekly Payment Amount Description Beneficiary $531.00 Biweekly $245.08 Child Support Logan M. Bruner 2. Effective 11/19/2007, Defendant shall pay to Plaintiff the sum of $892.00 per month in child support and alimony pendente lite as follows: Monthly Amount Payment Period Biweekly payment amount Description Beneficiary $531.00 Biweekly $245.07 Child Support Logan M. Bruner $361.00 Biweekly 166.62 Alimony Pendente Lite Susan L. Bruner $892.00 total -- $411.69 Total -- -- 3. In addition to the Child Support and APL amounts set forth above Defendant shall pay $65.00 per month on account of arrears payable biweekly in the amount of $30.00 4. The support shall be paid to Pennsylvania State Collection and Disbursement Unit, P.O. Box 69110, Harrisburg, PA 17106-9110. Defendant's wages are to be attached to effectuate this payment. 5. Defendant shall provide health insurance coverage on the beneficiaries of this action. 6. Unreimbursed medical expenses of the obligee and child that exceed $250.00 2 annually shall be allocated between the parties. The party seeking allocation must provide documentation of expenses to the other party no later than March 315` of the year following the calender year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid 33% by Plaintiff and 67% by Defendant. 7. The APL shall terminate upon the entry of the divorce decree between the parties. Provided Defendant pays the APL amount herein provided and Plaintiff does not become disabled and unable to work by the date of the entry of the divorce decree, Plaintiff waives any claim to alimony or support post divorce. 8. The terms of this Stipulated Agreement shall be incorporated in an Order of Court to be prepared by Domestic Relations and shall contain all other standard terms included in the Orders which may not be specifically referenced herein. IN WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year below written. A 11-4, aA LAA2u (SEAL) DCLIFF, ESQUIR SUSAN L. BRUNER Dated: 1?211 71-07 Dated: I Ta't ? MICHAEL . BR G' Dated: X,247/07 Dated: 12,-11 3 r? t?5 • 1% SUSAN L. BRUNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MICHAEL L. BRUNER, PACSES NO. 994109554 Defendant DOCKET NO. 877 SUPPORT 2007 SUSAN L. BRUNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MICHAEL L. BRUNER, PACSES NO. 136109622 Defendant DOCKET NO. 07-6231 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of December, 2007, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiff's Complaint for child support and the Plaintiff's claim for 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 October 19, 2007, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his son, Logan M. Bruner, born January 5, 1999, the sum of $531.00 per month. 2. Effective November 19, 2007, the Defendant shall pay the Pennsylvania State Collection and Disbursement Unit the sum of $892.00 per month allocated as follows: $531.00 as child support and $361.00 as alimony pendente lite. 3. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $65.00 per month. 4. The Defendant shall provide health insurance coverage for the benefit of his wife and child as is available through employment or other group coverage at a reasonable cost. 5. Unreimbursed medical expenses of the obligee and child that exceed $250.00 annually per person shall be allocated between the parties. The party seeking allocation must provide documentation of expenses to the other party no later than March 31St of the year ! ' following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 33% by the Plaintiff and 67% by the Defendant. 6. The order for alimony pendente lite shall terminate upon the entry of the divorce decree between the parties. Provided Defendant pays said alimony pendente lite order as provided herein and Plaintiff does not become disabled and unable to work by the date of the entry of the divorce decree, the Plaintiff waives any claim for alimony or spousal support post divorce. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. N .k IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. By the Court, N -t U4 M. L. Ebert, Jr., J. Cc: Susan L. Bruner Michael L. Bruner Diane G. Radcliff, Esquire Attorney for Plaintiff Joseph L. Hitchings, Esquire Attorney for Defendant DRO ° 9 -..a g f i !'t !'"i"1 33 Cl) G N d N ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennulvania Co./City/Dist, of CUMBERLAND Date of Order/Notice 12/19/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH C/O WAGE ATTACHEMENT SECTION PO BOX 8006 HARRISBURG PA 17105-8006 994109554 877 S 2007 RE: BRUNER, MICHAEL L. 136109622 07-6231 CIVIL Q Original Order/Notice O Amended Order/Notice Q Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 191-58-1097 Employee/Obligor's Social Security Number 0936101895 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. $ 892.00 per month in current support $ 50 . o0 per month in past-due support Arrears 12 weeks or greater? Qyes no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0. 00 per month in other (specify) for a total of $ 942.00 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: $ 217.38 per weekly pay period. $ 434.77 per biweekly pay period (every two weeks). $ 471. oo per semimonthly pay period (twice a month). $ 942. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: DEC 2 0 2007 DRO: R. J. SHADDAY Service Type M N I ? M.L. EBERT, JR., AUDM For N-028 Rev. 1 OMB No.: 0970-0154 Worker ID $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a copy of this form to your mpI yee. If yo r employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* -Jrt the Pa- -'ate/date of withholdi, __ __ - -L - the date ol- oyee . 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: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: BRUNER, MICHAEL L. EMPLOYEE'S CASE IDENTIFIER: 0936101895 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 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 employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee'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: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M 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 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT n ?. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRUNER, MICHAEL L. PACSES Case Number 136109622 Plaintiff Name SUSAN L. BRUNER Docket Attachment Amount 07-6231 CIVIL$ 411.00 Child(ren)'s Name(s): DOB PACKS Case Number 994109554 Plaintiff Name SUSAN L. BRUNER Docket Attachment Amount 00877 S 2007 $ 531.00 Child(ren)'s Name(s): DOB LOGAN M. BRUNER 01/05/99 ® If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker I D $ IATT OMB No,: 0970-0154 a C„,17 0 z ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/31/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH* C/O WAGE ATTACHMENT SECTION PO BOX 8006 HARRISBURG PA 17105-8006 191-58-1097 Employee/Obligor's Social Security Number 0936101895 Employee/Obligor's Case Identifier (See Addendwn for plaintiff names associated with cases on attadiment) Custodial Parent's Name (Last, First, M0 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. $ 531.00 $ $ 0.00 0.00 $ 0.00 $ 361.00 $ 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 $ 892.00 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 suooort payment cycle, use the following to determine how much to withhold: $ 205.85 per weekly pay period. $ 446.00 per semimonthly pay period (twice a month) $ 411.69 per biweekly pay period (every two weeks) $ 892.00 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. 11 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER /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. _ BY THE COURT: NOV 0 3 2008 DRO: R.J. SHADDAY . L. EBERT, JR., Service Type M OMB No.: 0970-0154 Arrears 12 weeks or greater? O yes ® no 136109622 07-6231 CIVIL QOriginalOrder/Notice OAmended Order/Notice 994109554 OTerminate Order/Notice 877 S 2007 Opne-Time Lump Sum/Notice RE:BRUNER, MICHAEL L. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS I heck you are required to pr ide a?opy of this form to your 3g lo If yorr employee orks in a state that is i4erent from the state that issuecpthis o er, a copy must be provideec?to your employee even if t ie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeetobligor. 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. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 13 THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: D EMPLOYEE'S/OBLIGOR'S NAME:BRUNER, MICHAEL L. EMPLOYEE'S CASE IDENTIFIER: 0936101895 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee(obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRUNER, MICHAEL L. PACSES Case Number 136109622 Plaintiff Name SUSAN L. BRUNER Docket Attachment Amount 07-6231 CIVIL$ 361.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970.0154 Form EN-028 Rev. 4 Worker I D $ IATT C`s ? r? ? °-rs S.st.:' ?'=' to =+,--, -: -? -?? ?'_ ? r a `?- ? - y = IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff NO. 07-6231 CIVIL TERM V. MICHAEL L. BRUNER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 24, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: LAA"g &A-&-X44 SUSAN L. B NER ? n -n C a Sl QQ : r+ r Pl { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff NO. 07-6231 CIVIL TERM V. MICHAEL L. BRUNER, Defendant CIVIL ACTION - LAW IN DIVORCE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ?a?ia/off S SAN L. BRUNER F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff NO. 07-6231 CIVIL TERM V. MICHAEL L. BRUNER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 24, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: / D CC' 09 MICHAEL L. RUNER P-O - a rrl r? ?; ? ;tea ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff NO. 07-6231 CIVIL TERM V. CIVIL ACTION - LAW MICHAEL L. BRUNER, DIVORCE Defendant MARITAL AGREEMENT BETWEEN MICHAEL L. BRUNER AND SUSAN L. BRUNER JANIDIRO TABLE OF CONTENTS Recitals .......................................................................... 01 SECTION I General Provisions ............................................................. 01 SECTION II Distribution of Property and Debts ........................................... 06 SECTION III Counsel Fees, Support, Alimony, Custody, etc ............................. 13 SECTION IV Closing Provisions and Execution ............................................ 14 NOTARY .......................................................................... 15 EXHIBIT "A" Personal Property Distribution Schedule ................................... 16 Exhibit "B" Distribution Schedule ......................................................... 19 Exhibit "C" Parenting Plan .................................................................. 22 MARITAL AGREEMENT THIS AGREEMENT made this/34aay of December, 2008, by and between SUSAN L. BRUNER, ("Wife") of P.O. Box 722, Mechanicsburg, PA 17055, and MICHAEL L. BRUNER, ("Husband") of 48 Sycamore Drive, Mechanicsburg, PA 17050. PREAMBLE AND RECITALS R-1. WHEREAS, the parties hereto are husband and wife, having been married on June 3, 1995 in Cumberland County, Pennsylvania, and were separated on October 17, 2007. R-2. WHEREAS, The parties are the parents of one (1) child: Logan M. Bruner, (the "Child"). R.3 WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this -1- Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within Ten (10) business days of receipt of those signed Affidavits and Waivers, or if a Divorce Master had been previously appointed then within Ten (10) business days of receipt of order revoking his appointment, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Joseph L. Hitchings, Esquire for Husband and Diane G. Radcliff, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. The parties acknowledges that each has had the opportunity to conduct discovery and investigation as to the incomes of the parties, the parties' marital assets and debts and their respective separate assets, debts and monthly expenses. The parties further acknowledge that there has been a full and fair disclosure of the identity -2- and value of the parties' marital assets and debt, their separate estates and their respective incomes. The parties hereby waive any further discovery and/or disclosure of the parties' marital assets and debt, their respective separate estates and incomes and expenses, except for such disclosure that may be necessary as a result of a breach of this Marital Agreement. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. 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 -3- Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. 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. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, C. Attorneys Fees and Costs: The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. D. Other Remedies: Any other remedies provided for in law or in equity. E. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys -4- 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. 1.12. 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, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. E. Dependency Exemption(s): So long as Wife is the primary custodian of the Child, Wife shall be entitled to claim the deduction for the dependency exemption for the Child on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended. Husband agrees that he will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration. -5- 1. 13. 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. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. 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. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The division of all property and debts set forth in this Agreement is equitable, and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. -6- 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The jointly owned real estate known and numbered as 48 Sycamore Drive, Mechanicsburg, PA 17050, ("the Real Estate"), encumbered with a mortgage owed to Washington Mutual and Home Equity Line of Credit, also with Washington Mutual, ("the Mortgages"), shall be divided and distributed in accordance with the following: 1. Conveyance: Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefore shall be executed by Husband upon Husband's signing of this Agreement and held in escrow by Husband's attorney pending the refinance/assumption of the Mortgages set forth below, at which time the deed shall be delivered to Wife to record. 2. Occupancy/Possession/Mortgage Payments.. Husband shall be entitled to continue to reside in the marital home located on the Real Estate for a period of thirty (30) days following the date of this Agreement, and on said 30th day he shall vacate the Real Estate and turn over possession to Wife. During Husband's period of occupancy and until Husband vacates the Real Estate and turns over possession thereof to Wife, Husband shall be responsible for and shall timely pay in full the Mortgages, real estate taxes, other municipal liens, homeowners insurance and any and all other expenses associated with the Real Estate. When Husband vacates the Real Estate and turns over possession thereof to Wife, all payments due under the Mortgages and other payments to be paid by Husband relating to the Real Estate shall be paid up to date including but not limited to all prior payments and any payments hereafter arising including the but not limited to the payment due for the month Husband vacates the Real Estate. After Husband vacates the Real Estate and turns over possession to Wife, Wife shall be responsible for and shall timely pay the Mortgages, real estate taxes, other municipal liens, homeowners insurance and any and all other expenses associated with the Real Estate. 3. Refinance. Wife shall apply for refinancing/ assumption of the Mortgages within fifteen (15) business days of the date of this Agreement and shall complete that refinance /assumption within sixty (60) days of the date of this Agreement so as to release Husband from further liability thereunder. The costs of refinancing/assumption shall be paid by Wife. Any funds in the Mortgage Escrow Account shall be turned over to Wife, as her sole and -7- separate property, said sums having been considered as part of Husband's fair rental value of the Real Estate. 4. Tax Deductions. Each party shall be entitled to claim any available income tax deductions for his or her payment of the Mortgages, and/or real estate taxes to the extent of his or her contributions towards said payments. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: 2003 Nissan Murano PSECU. 2. To Husband: 2007 Honda CRV PSECU. 3. Kit Car: The MGTD kit car shall be sold and upon said sale the proceeds shall be divided equally between the parties. Husband shall be responsible for the advertisement of the proposed sale, the showing of the car to any potential buyer and for transferring title to the buyer. C. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: Husband's premarital FSC investment account # 0996 and Husband's US Savings Bonds. D. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: Joint Member's 1St Account #1199 (checking and savings), including the balance in that account as of date of separation and any post separation credits or debits resulting from Wife's continued use of that account. 2. To Husband: Joint PSECU Account #86036 (checking and savings), including the balance in that account as of date of separation and any post separation credits or debits resulting from Husband's continued use of that account. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: -8- 1. To Wife: Wife's Allstate life insurance policy. 2. To Husband: Husband's Allstate Life insurance policy. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife's PSERS retirement plan. 2. To Husband: Husband's SERS retirement plan. 3. Waiver: Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. G. 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 items of personal property in the possession of Wife, and the items listed on Personal Property Distribution Schedule attached hereto, marked Exhibit "A" and made a part hereof , that are designated to be Wife's property under the column heading "Susan". 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein and the items listed on Personal Property Distribution Schedule attached hereto, marked Exhibit "A" and made a part hereof , that are designated to be Husband's property under the column heading "Michael". H. Monetary Payment: Husband shall pay Wife the following amounts to be paid within thirty (30) days of the date of this Agreement: 1. 60/40 Division Payment: $35,808.39, to achieve a 60/40 division of marital -9- assets as calculated in accordance with the Distribution Schedule attached as Exhibit "B". 2. Fair Rental Value Payment: $1,190.00 as his share of the fair rental value of the marital home for the period through December 31, 2008. 3. Future Fair Rental Value Payment: An amount equal to his share of the fair rental value of the marital home for the period he resides in the home after December 31, 2008 calculated at the rate of $85.00 per month, prorated for any partial month. 4. Professional Cleaning Payment: $1,500.00 as payment to have the house professionally cleaned by Wife when Husband vacates the marital home. I. Husband's Businesses: Wife hereby forever relinquishes and waives any and all rights, title, interest, equity, etc. in Husband's businesses, including, but not limited to, Bruner Family Productions, Inc., The Monster Maze, Haunted Hayride, etc., in addition, including any and all possible business names, business interests as well as all of the stock in connection thereto and all of the personal and real property, and goodwill, inventory, and equipment owned by same or any interest owned by same, which may or may not be titled, in whole, or in part, in Wife, Husband, or Wife and Husband's names. Husband will retain all equity in said assets. Wife additionally hereby agrees that Husband may, at any time, at Husband's sole discretion, refinance any and all interests as referenced above, as applicable, into Husband's name alone and H usband will indemnify and release Wife from any liability connected therewith and in connection with the liabilities of the said businesses. Wife agrees to execute any transfer documents immediately, upon presentation to Wife, any and all necessary documentation required to effectuate the above, or any other related requirement, including, but not limited to, deeds, corporate resolutions, corporate documentation, tax returns and required tax documentation. Wife forever waives any interest as above and completely discharges Husband from any and all liability in connection with said interests. Husband's above-referenced business(es) will remain in Husbands' sole name and remain Husband's sole assets and Wife agrees to execute upon presentation, once again, any required documentation required to effectuate same. Wife agrees to execute any transfer documents, deeds, refinancing documents that may be required at the time of the execution of this Marital Agreement, or subsequent thereto, at any time. Wife further agrees that she shall not have any access to, or interest in, the accounts, equipment, assets, management and funds of Husband's businesses, as referenced above. J. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: -10- I . To Wife: Wife shall be solely liable for and shall timely pay the following debts: A. Wife's share of the joint CitiBank MasterCard account #9986 previously paid by Wife, with no remaining balance to be paid by her. B. Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: (a) Remaining balance on the joint CitiBank MasterCard account #9986 to be paid by Husband on or before the date of this Agreement. (b) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. B. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to -11- become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore, unless otherwise specifically herein provided. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. After Acquired Debts: Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. 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. I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shalt immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. The foregoing notwithstanding, if an earlier payment date is specified -12- in this Agreement as to a particular debt, that earlier date shall apply. SECTION III COUNSEL FEES. SPOUSAL SUPPORT. APL ALIMONY CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The existing APL order entered in the divorce action docketed to No. 07-6231 Civil Term in favor of Wife shall terminate upon the execution of this Agreement. 3.03. CUSTODY. The following provisions shall apply to custody of the parties' child, Logan M. Bruner (the "Child"): 1. Legal Custody: The parties shall have shared legal custody, defined in 23 Pa.C.S.A. 5 5302 as the legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions. Pursuant to the terms of 23 PA. C.S.A. 55309, each Parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of 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. 2. Parenting Plan: The parties have agreed upon, and do hereby agree to, the Parenting Plan, a copy of which is attached hereto, marked Exhibit "C" and made a part hereof. 3. Physical Custody: Wife shall have primary physical custody of the Child and Husband shall have partial physical custody of the Child on a 60/40 basis in accordance with the schedule previously agreed upon and exercised by the parties. 3.04. CHILD SUPPORT. Child support is governed by the order entered in the support action docketed to No. 00877 S 2007; Pacses No. 994109554, and is not governed by this Agreement. -13- SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. 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 as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: MICHAEL L. RUNER Date: ja -( 0- -14- Date:eC -?? COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND On this the 15101 day of ?? , 2008, before me the undersigned officer, personally appeared, MICHAEL L. BRUNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seat. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYL\b%NIA Notarial Seal :mp:H h L. Donley, Notary Public Cll Boro, Cunberland Count COMMONWEALTH OF PENNSYLVANIA My issionE)ire sSept.23,2011 : SS. Member, Pennsylvania Association of Notaries COUNTY OF CUMBERLAND On this the Lid day of 2008, before me the undersigned officer, personally appeared, SUSAN L. BRUNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I e hereunto set my hand and notarial seal. ARY PUBLIC mission Expires: OMM MU I&_ M OF MISINSYLVANIA Notarial Seal Diane G. Radcliff, Notary Public Camp HM Boro, Cumberland County My Commission EXpires Jan. 11, 2012 Member, Pennsylvania Association of Notaries -15- EXHIBIT "A" PERSONAL PROPERTY DISTRIBUTION SCHEDULE SUSAN MICHAEL old bed, scrapbook room old bedroom, suite including both night stands; dresser /n..r herlrnnml- nnt4 ^knLf of Annuinm /nur hnArnnml wash stand, scrapbook room dresser - scrapbook room Logan's bed Logan's bookcase piano glider rocker and footrest green couch green loveseat teddy bear chest antique settee antique chair living room book case/entertainment center trunk cedar chest in bedroom baby furniture including crib, changing table and cradle jewelry armoire and contents pie safe king bed - bedroom desk - scrapbook room white washstand - scrapbook room old rush sear chair - guest room family room TV stand quilt rack - family room oak curio cabinet - family room kitchen table and 5 white chairs dining room table and 4 chairs dining room china closet basement couch pink recliner basement bookshelves 2 big clocks wall clock - family room cedar chest in basement computer desk - basement bread box Halloween Dept. 56 table oak side table - family room barometer gold floor lamp - family room small curio cabinet - dining room one big curio living room wall cabinet Gerry's front hall table Gerry's sewing table safe eagle wall cabinet lawn mower electric trimmer -16- EXHIBIT "A" PERSONAL PROPERTY DISTRIBUTION SCHEDULE SUSAN MICHAEL extension arm floor lamp - family room microwave family room table lamp crockpot kitchen desk hand mixer one big curio - living room toaster oven contents of the wall cabinet in living room bread machine card table and chairs mickey waffler snowblower basement TV and stand mixer VCR - computer desk pooh waffler bedroom DVD player bedroom and family room TV's video camera VCR - RCA - basement PC and external equipment, new printer, lexmark printer new DVD player and family room DVD player car DVD player digital camera tools - except Susan's old ones router, cable modem, laptop haunt stuff carpet cleaner Halloween Dept. 56 village grill newer sewing machine scrapbook and craft stuff new silverware Disney Dept. 56 village old "B" silverware sewing machine in table all Disney cups, not new glasses and mugs Mickey dishes middle earth map Christmas dishes Mexican blanket, Steelers blanket, PSU blanket white cookware game cube until new game system is bought dining room silverware grapevine plates china cabinet contents - except Michael's things odds and ends pots and pans satellite dish and 2 receivers coffee maker -17- EXHIBIT $ A" PERSONAL PROPERTY DISTRIBUTION SCHEDULE SUSAN MICHAEL white blanket bathroom pictures Calphalon pots and pans black and red sleeping bags blender one-half the towels 2 green and 1 yellow sleeping bags one-half of the tupperware one-half the towels 1 large filing cabinet one-half of the tupperware one-half of the wire racks 2 small filing cabinets one-half of the luggage one-half of the wire racks grapevine wine glasses ice cream maker sheets for double bed - any of Michael's and new ones sheets for double bed - Logan's and Susan's old ones Pinballs Precious Moments 00 9 Dragon Riders Cherished Teddies 0 bears Steiff Longabergers jewelry -18- Ln No 5 B. Ref RE-1 Owner it Description 48 Sycamore Dr Date 6.16.08 Net Value Calculation 265, 000.00 Net Distribution Proposed Distribution To Proposed Distribution To 6 RE-1 it Washington Mutual 1St Mtg 6.9.08 (122,476.83) 100 0?or 7 D-2 it WaMu Line of Credit 6.9.08 9 0(2.13.60) 7 RE-1 - Net Value - 113, 509.57 113,509.57 113,509.57 8 10 V-1 W 2003 Nissan Murano KBB PPV 16, 560.00 IZZZ 11 V-1 W PSECU Lien 11.6.07 (17,396.421 12 V-1 -- Net Value - (838.42) (838.42) (838.42) 13 14 V-2 H 2007 Honda CRV KBB PPV 21, 845.00 15 V-2 H PSECU Lien 10.31.07 11 9. 2 16 V-2 - Net Value - 10,255.98 10,255.98 10,255.98 17 18 w3 H 1952 MGTD Kit Car with VW Bug Chassi & Engine Agreed Sell and = divide Sell and = divide Sell and = divide 19 21 INV-1 H Investment Account DOS 10.1.07 156, 659.76 '00 0or 22 INV-1 H Less Investment Account DOM 5.26.95 X8,935., 23 - - Net Marital Increase (142,275.80) NMI NMI 24 25 iNV-2 H US Savings Bonds 11.8.07 32,820.64 32,820.64 32,820.64 26 W 28 A-1 it PSECU Savings #8603 10.17.07 366.64 29 0or Z A-1 it PSECU Checking #8603 10.17.07 894. rs 30 A-1 PSECU Vacation Club #8603 10.17.07 12.08 31 A-1 - Net Value - 1,273.48 1,273.48 1,273.48 32 -19- Ln No B. Ref Owner Description Date Net Value Calculation Net Distribudon Value Proposed Distribution To n Proposed Distribution To 33 A-2 it Member's V Savings #1199 10.17.07 9.03 000, 34 A-2 it Member's 1S` Checking #1199 10.17.07 679.95 41 OF 001, 35 A-2 - Net Value - 688.98 688.98 688.98 36 38 Ina-1 H AIIState Life Policy # 11.5.07 10,142.58 10,142.58 10,142.58 39 40 Ins-2 W AllState Life Policy # 11.5.07 5,071.29 5,071.29 5,071.29 41 "43 Bus-1 H Bruner Family Productions - To Husband To Husband To Husband 44 46 Ret-1 H SERS Retirement Plan 5.23.08 85,310.00 85,310.00 85,310.00 47 48 Ret-2 W PSERS Retirement Plan 10.17.07 11,530.88 11,530.88 11,530.88 49 51 OA-1 - Comic Book Collection 12.21.07 11,526.00 11,526.00 11,526.00 Less Premarital Comic Books -- (6,604.00) (6,604.00) (6,604.00) 52 53 0A.1 Cheaper Comics and Toys Agreed 2,000.00 2,000.00 2,000.00 54 56 58 Total o D-1 f Assets 276,686.98 146,724.68 129,962.30 JT CibBank Mastercard #9986 10.26.07 (9,389.00) 59 D-1 JT Subtract Husband's Business Charges 9.28-10.26 10.26.07 6,974.00 60 D-1 - Net Mastercard account #9986 - (2,415.00) (2,415.00) (1,207.50) (1,207.50) 61 63 Total of Debts 2,415.00) (1,207.50) (1,207.50) -20- Ln No B. Ref Owner Description Date Net Value Calculation Net Distribution Proposed Distribution To Proposed Distribution To ? h it r ? _, a 65 Asset Totals from above 276,686.98 146,724.68 129,962.30 ss Less Debt Totals from Above 2 4? • 15.00 1207.50 1207.50 67 Net Total a Assets Minus Liabilities 274,271.98 145,51 7.1 8 128,754. 80 ???- M V T . 5 ? 1t ) ?A f}? LL A 4" . ? ? 69 Net Total • Assets Minus Liabilities From Above 274,271.98 70 Amount Due Parties in 40/60 Division 109,708.79 164,563.19 71 Less Total Assigned to Parties From Above 145 517.18 128 754.80 72 40160 Division Adjustment Amount 35,808.39 35,808.39 -21 - Bruner Co-Parenting Plan 1/22/08 1. Since we believe in the importance of both raising our child, we agree to share legal and physical custody of our child, Logan (currently age 9). We agree to be cooperative in the best interest of our child. 2. Cooperative parenting establishes a framework wherein, mutually or with a mediator, we agree to establish two homes for Logan, arrange for the day-to-day care of Logan, consult one another concerning the needs of Logan and each other as their needs relate to Logan. This framework does not require that any set method of parenting be used but only that it be established in a cooperative manner. 3. Both of us understand that cooperative parenting requires the acceptance of mutual responsibilities as well as mutual rights insofar as Logan is concerned and may require that we put Logan's needs ahead of our own. We set forth the following agreement as to what our responsibilities will be, as well as other relevant factors. We further agree that this agreement will be reviewed at least on an annual basis and specifically renewed or revised as necessary. 4. We are aware that the Court always has jurisdiction to modify any arrangement that concerns the well being of Logan. Notwithstanding this, we specifically express our intent to not resort to the Court except if we cannot reach an agreement after all options have been duly considered. 5. While we were living together in a relationship, law and custom gave us certain rights and responsibilities regarding the parent-child interaction. It is our specific intent that these same rights and responsibilities continue, except as to those changes necessitated by the dissolution of our relationship and the establishment of two households. Since it was not necessary to be specific as to what the exact terms of the parent-child interactions were during our relationship, we do not feel that it is necessary to set forth all of the specific requirements of the new parent-child relationship. Such requirements as are set forth herein do not imply that this is a comprehensive or exclusive listing. 6. Both of us will continue to provide a home for Logan until he reaches adulthood. Each will care for the physical, emotional, and intellectual needs of our child as best we can; each will have the best interests of Logan at heart. 7. We shall decide all issues, such as the time Logan shall spend with us, schooling, medical care, etc., between us, using the general intent of this agreement. 8. It is agreed that the parent with whom Logan resides will have day-to-day jurisdiction of Logan, however, all decisions of a substantive nature will be made by consensus, if time and circumstances reasonably permit. 9. Major decisions pertaining to education, health, summer activities and welfare of Logan shall be decided by both of us after adequate consultation has occurred between us about a the developmental stages of the child, the welfare of the child, the best interests of the child, and, so far as possible, the desires of the child. 10. Both of us agree to foster love and respect, even in trying times, between the child and the other parent. Neither of us shall do anything, which may estrange Logan from the other parent or hamper the natural and continuing relationships between the child and either parent. 11. We agree to honor one another's parenting style, privacy and authority. We will not interfere with the parenting style of the other parent, nor will we make plans or arrangements that would impinge upon the other parent's authority or times with the child without the express agreement of the other parent. We may not agree with the other parent about all parenting issues, but we promise not to judge or condemn him/her as long as abuse is absent. 12. Further, we understand that each of us has or may establish an emotional/romantic relationship with another adult and neither of us requires that such a relationship be a marital relationship, nor shall either attempt to limit the parental rights of the other solely on the grounds that such a relationship is not a marital relationship. Whatever partner is brought into the relationship must honor the specifics of this contract to the extent of the signee's. We promise to carefully introduce a significant other to Logan and we will not force Logan to immediately bond with this new person. 13. We agree that we will not negatively influence Logan's opinion with regards to any new relationships. This includes both verbal and non-verbal communication. We agree that whichever parent is responsible for Logan on that day is also responsible for his activities and who he interacts with, as long as no abuse is present. 14. Logan's personal possessions are, as we both acknowledge, his personal property. He is to have complete freedom as to where he wants his personal property: He may leave clothing, shoes, etc. at either of his homes, subject to a reasonable rebalancing of those items at periodic intervals. 15. All communications about Logan shall be transmitted via emails, calls, and text messages. In those communications are to be noted important events of the previous week, the child's health and need for current medication, and upcoming appointments that may affect the child's scheduling. Communications may not be used to criticize either parent's behavior. We will not use Logan as the go-between with questions or information to or about the other parent. 16. Should any disputes arise between us or the child in the areas of education, health care, child care, religious training, operation of a motor vehicle, extracurricular activities, vacations, or other significant issues, we agree that it is in the best interest of the child and ourselves to resolve any disputes. All such decisions must be made jointly or arbitrated. They may not be made unilaterally by either parent. Should either of us wish to modify this agreement, we agree to: 17. Meet and confer with one another, each to present to the other a proposed solution to the dispute. If there is no resolution at this step, we will then: 18. Meet and confer with an expert in the field related to the dispute, e.g., doctor, teacher, counselor, etc. If there is no resolution at this step, we will then: 19. Meet and confer with a mediator/counselor who has had experience in dispute resolution. All concerned shall use their best efforts to resolve the issues. 20. We will not belittle, criticize, or say anything negative about the other parent in front of Logan, by word, body language, or facial expressions. We will not say anything negative about the other parent to friends or family members or any person in the presence of Logan. When addressing each other, we shall maintain respectful communication. When either of us sees the other parent in the presence of Logan, we will speak and act kindly, respectfully, and graciously. (If the other parent does not act in this manner, we promise to politely and calmly end the interaction.) If we are dealing with a conflict that may elicit negative emotions with the other parent, we will speak or meet him/her where Logan is nowhere around. 21. We will make every effort to give undivided attention to Logan on a consistent basis, listening to him, doing fun things with him, and giving parental support to the best of my ability. We will tell Logan every day, or as often as I see him, and will reassure him that nothing will ever change that. 22. Right of first refusal: If one parent is busy during Logan's watch time, then the other parent will be asked first if they want to watch him. This includes out of town travel for any number of days. If a parent accepts care of the child, there will be no make up time for the absent parent. The travelling parent must provide emergency contact information. This information will be given directly to the other parent. 23. We will make every effort to cooperate, share and support the other parent and treat our co-parenting relationship as a business one rather than an emotionally charged or intimate one. 24. Each parent shall be courteous of all pre-arranged schedules and will call if they are going to be late. 25. Whichever parent has had Logan sleep over the night before an illness is responsible for staying home with the child the next morning if that child is too ill to return to school. Obviously, both parents are to inform the other of routine illnesses, which require the child to stay home from school. 26. The child may call the other parent whenever he wants. 27. Logan is to be given privacy for their telephone conversations by the other parent. The call is to be placed at a mutually agreed upon time, mediated if necessary, which will remain the same over the weeks. The residential parent is obligated to ensure the presence of the child and the absence of any activity that may draw them away from a phone call (ie - favorite TV program, neighborhood outdoor activity a block away). 28. Decisions about bedtime, hygiene, minor disciplinary actions, minor medical and dental procedures, curfew, chores, allowances, social dress, and jewelry shall be the province of the household in which the child dwells at the moment. 29. Each parent is required to notify the other parent as soon as possible, no longer than three hours of any medical emergency. The parent present is authorized to sign legal consents for both parents to permit emergency intervention. 30. Each parent is required to set up his/her own information network for information about school and routine medical appointments. Each is required to tell professionals that they share custody and each parent has equal rights to access all information. On any emergency information sheet, each parent shall list the other as the first person to contact if he or she is not reachable. 31. Relocation within the Harrisburg Metropolitan area (Cumberland, Perry, Dauphin, York, and Adams counties) may be done only after mediation/arbitration has taken place as to the required changes in Logan's schooling, day care, and after school activities. The child may not be removed permanently from the Harrisburg Metropolitan area without the express approval of the other parent. Mother's Name Mother's Signature Date Father's Name Father's Signature Date Witness 7f 1:-. cn r ' ? ? ' ue - s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BRUNER, Plaintiff NO. 07-6231 CIVIL TERM V. CIVIL ACTION - LAW MICHAEL L. BRUNER, DIVORCE Defendant . TO THE PROTHONOTARY: PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 10/24/2007 b. Manner of Service of Complaint: Certified Mail/Restricted Delivery C. Date of Service of Complaint: 10/29/2007 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 12/12/2008 b. Defendant: 12/15/2008 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated December 15, 2008, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 12/16/2008 b. Defendant's Waiver: 12/16/2008 URNE`G. DCLIFF, ESQUIRE 3448 Trind Road , PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 C? SUSAN L. BRUNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL L. BRUNER Np 07-6231 DIVORCE DECREE AND NOW, e,c.e %U 1( , 1601? , it is ordered and decreed that SUSAN L. BRUNER MICHAEL L. BRUNER bonds of matrimony. plaintiff, and , defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All issues have been resolved and settled by the Parties' Marital Agreement dated December 15, 2008, filed of record and incorporated into, but not merged with, this Decree. By the Court, Attest: A i J. ?- rothonotary /hy-`tJ f7Fj ?,i, ,? 4, ?????? ?? ,Y., .???,r:?- ??? ,n ?-? y? j 1_' Y, •. ?. •• SUSAN L. BRUNER, Plaintiff/Petitioner VS. MICHAEL L. BRUNER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-6231 CIVIL TERM IN DIVORCE PACSES CASE: 136109622 ORDER OF COURT AND NOW to wit, this 19th day of December 2008, it is hereby Ordered that the the Order for Alimony Pendente Lite is terminated, effective December 15, 2008, pursuant to the parties' Marital Settlement Agreement. The remaining balance, in the amount of $135.84, will be paid by the existing wage attachment. 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: 1 - M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Diane G. Radcliff, Esq. Joseph L. Hitchings, Esq. Form OE-001 Service Type: M Worker: 21005 3 s }µa t. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 994109554 Co./City/Dist. of CUMBERLAND 877 S 2007 Date of Order/Notice 12/19/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH* C/O WAGE ATTACHMENT SECTION PO BOX 8006 HARRISBURG PA 17105-8006 191-58-1097 Employee/Obligor's Social Security Number 0936101895 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. $ 531.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ o. oo per month in current spousal support $ o. oo per month in past-due spousal support $ 0.2p per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 531.00 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: $ 122.54 per weekly pay period. $ 265.50 per semimonthly pay period (twice a month) $ 245.08 per biweekly pay period (every two weeks) $ 531.00 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. N\ L BY THE COURT: n 92 9n,i32 DRO: R. J. Shadday Service Type M M. L. Ebert, Jr., OMB No.: 0970-0154 07-6231 CIVIL O Origi nal Order/Notice (Amended Order/Notice (Terminate Order/Notice OOne-Time Lump Sum/Notice RE:BRUNER, MICHAEL L. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 4 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS I heck you are required to provide a opy of this form to yourom o your lo r employee orks in a state that is ?i ferent from the state that issued this order, a copy must be provi t employee even if t?le 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 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 employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:BRUNER, MICHAEL L. EMPLOYEE'S CASE IDENTIFIER: 0936101895 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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRUNER, MICHAEL L. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT .. .' _:Tl 1?\J