HomeMy WebLinkAbout03-6231
MARTIN LEON HARTUNG : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS
CIVIL ACTION - DIVORCE
LINDA ANN HARTUNG '
Defendant NO. J/ 3 ?p a. 31 V `
NOTICE TO DEFEND
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you must
take action 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 first floor in the
Dauphin Court Courthouse, Front and Market Streets, Harrisburg,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE
OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
1-800-990-9108
MARTIN LEON HARTUNG : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS
CIVIL ACTION - DIVORCE
LINDA ANN HARTUNG
Defendant : NO. C>3 r w?3 i
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Martin Leon Hartung, by his
attorney, Gail Guida Souders, Esquire, and pursuant to Section
3301 (c) of the Pennsylvania Divorce Code, seeks to obtain a
Decree in Divorce from the Defendant, Linda Ann Hartung, upon
the grounds set forth:
1. The Plaintiff, Martin Leon Hartung, is an adult
individual residing at 100 cumberland Drive, Carlisle,
Cumberland County Pennsylvania 17013.
2. The Defendant, Linda Ann Hartung, is an adult individual
residing at 100 cumberland Drive, Carlisle, Cumberland
County Pennsylvania 17013.
3. Plaintiff and Defendant have been bona fide residents of
the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on September 16,
1978 in Cumberland, Maryland.
5. Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to
request that the Court require the parties to participate
in counseling and does not request the same.
6. There have been no prior actions of divorce or annulment
between the parties in this or any other jurisdiction.
7. The Plaintiff and Defendant are both citizens of the
United States of America.
8. The Defendant is not a member of the United States Armed
Forces.
9. The Plaintiff and Defendant have the following minor
children Brandon Tyler Hartung, born 02/5/86 and Cory
Michael Hartung, born 05/08/92.
10. The cause of action and Section of Divorce Code under
which Plaintiff is proceeding is the marriage is
irretrievably broken under 23 Pa. Const. Stat. § 3301
(c).
WHEREFORE, The plaintiff requests this Honorable Court to
enter a Decree of Divorce. 1KN 4<i4e
Gail Guida Souders
Attorney for Plaintiff
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
Supreme Court ID # 68740
I, Martin Leon Hartupgverify that the statements made in
thisDivorce Complaint are true and correct. I understand
that false statements herein are made subject to the
penalties of 18 Pa.C.S. § 4904, relating to unsworn
falsification to authorities.
MARTIN
NCN HARTUNG
DATE : ??, lg Q
ATTORNEY FOR PLAINTI F
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MARTIN HARTUNG IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS
CIVIL ACTION - LAW
LINDA HARTUNG
No. 2003 6231
CERTIFICATE OF SERVICE
I hereby certify that on August 25, 2005 I served a copy
of the Divorce Complaint upon the persons and in the manner
indicated below, which service satisfies the requirements of
Pennsylvania Rule of Civil Procedure. 403.
Service by U.S. Mail to:
Linda Ann Hartung
100 Cumberland Drive
Carlisle, PA 17013
'Gail Guida Souders, Esquire
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
717-236-6440
Dated: August 25, 2005
¦ Complete Items 1, 2, and 3. Also complete A Sig
Item 41t Restricted Delivery is desired. X
¦ Print your name and address on the reverse
so that we can return the card to you. -
¦ Attach this card to the beck of the mallpieoe, B. RWGIVed by (pdnW Nerx)
or on the front If space permits.
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MARTIN LEON HARTUNG
VS
LINDA ANN HARTUNG
To Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-6231
Please reinstate the divorce complaint.
Date: November 22, 2005 Respectfully submitted,
Gail Gtrida Souders
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
717-236-6440
Identification #68740
Attorney for Plaintiff
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MARTIN LEON HARTUNG
Plaintiff
VS
LINDA ANN HARTUNG
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 03-6231
I, Carol L. Lindsay, Esquire, on behalf of my client, Linda Hartung, accept service
of the Divorce Complaint and I certify that I am authorized to do so.
Date Carol L. Li ay, Esquire
Address
MARTIN LEON HARTUNG,
Plaintiff
VS.
LINDA ANN HARTUNG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-6231 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
WITHDRAWAL OF APPEARANCE
Kindly withdraw the appearance of Gail Guida Souders, Esquire, for Plaintiff in the above-
captioned matter.
Respectfully submitted,
Date: ?(D
GAIL GUIDA SOUDERS, SQUIRE
Attorney I.D. 68740
Guida Law Offices, P.C.
I I I Locust Street
Harrisburg, PA 17101
ENTRY OF APPEARANCE
Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Plaintiff in the
above-captioned matter.
Date: 3113 h D o IO
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
Respectfully submitted,
MARTIN LEON HARTUNG,
Plaintiff
Vs.
LINDA ANN HARTUNG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6231 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this 1 k4 t"I day of March, 2006, the undersigned hereby certifies that a true
and correct copy of the foregoing WITHDRAWAL AND ENTRY OF APPEARANCE was served
upon the opposing parry by way of United States first class mail, postage prepaid, addressed as
follows:
Linda Ann Hartung
c/o Carol Lindsay, Esquire
26 W. High Street
Carlisle, PA 17013-2956
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
LEFDA A. CLOTFELTER, ESQ
A orney I.D. 72963
5021 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
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MARTIN LEON HARTUNG,
Plaiptiff
VS.
LINDA ANN HARTUNG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 03-6231 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR APPOINTMENT OF MASTER
AND NOW, comes Plaintiff, Martin L. Hartung, by and through his attorney, Linda A.
Clotfelter, Esquire, of the Law Firm of Linda A. Clotfelter, and moves the court to appoint a master
with respect to the following claims:
(X) Divorce'! (X) Equitable Distribution
( ) Annulml nt ( ) Support
( ) Alimony ( ) Counsel Fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
1. Discovery is. complete as to the claims for which the appointment of a master is requested;
2. The Defend4nt has appeared in the action with counsel, Carol Lindsay, Esquire, of Saidis,
Flower and l indsay;
3. The statutory grounds for the divorce are 3301(d) of the Divorce Code;
4. The action is contested with respect to the following claims: Distribution of property;
5. The action does not involve complex issues of law or fact;
6. There are no other local attorneys known to be interested in the case; and
7. The hearing is expected to take one (1) day.
Dated: Ila W
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Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
By: l _,Ati
I4nda A. Clotfelter, Esquire
ttomey ID No. 72963
5021 East Trindle Road, Suite 1
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
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MARTIN LEON 1TUNG,
Plai tiff
vs.
LINDA ANN HARTUNG,
Def ndant
I'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 03-6231 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing
document was servgId upon the interested parties as follows:
Carol Lindsay, Esquire
Saidis, Flower and Lindsay
26 West High Street
Carlisle, PA 17013
E. Robert Elicker, II, Esquire
Divorce Master's Office
9 N. Hanover Street
Carlisle, PA 17013
(Via hand-delivery)
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
C
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Dated: D
Li a A. Clotfelter, Esquire
Att mey ID No. 72963
1 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
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MARTIN LEON HARTUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. :NO. 03-6231 CIVIL TERM
LINDA ANN HARTUNG, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ORDER APPOINTING MASTER
AND NOW, this of ay of , 2008, after consideration of the attached Petition
for Appointment of Master, it is hereby Lered and Directed that E. Robert Elicker, II, Esquire, is
appointed master with respect to the following claims: Divorce and Equitable Distribution.
By the Court:
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MARTIN LEON HARTUNG,
Plaintiff
V.
LINDA ANN HARTUNG,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-6231 CIVIL TERM
IN DIVORCE
NOTICE TO PLEAD
SAIDIS,
FLOWER &
LINDSAY
ATIOMMA 6
26 West High Street
Carlisle, PA
TO: Martin L. Hartung, Plaintiff
Go Linda A. Clotfelter, Esquire
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
You are hereby notified to file a pleading in response to the enclosed Counterclaim
within twenty days after service thereof, or a judgment may be entered against you.
SAIDIS, K--6WEFjr&J-IKMAY
Carol J. Linds quire
Attorney Id. 469
26 West High treet
Carlisle, PA 17013
(717) 243-6222
Counsel for Defendant
MARTIN LEON HARTUNG, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 03-6231 CIVIL TERM
LINDA ANN HARTUNG,
Defendant IN DIVORCE
ANSWER WITH COUNTERCLAIM
SAIDIS,
LINDSAY
AITOIT-M-AT-
26 West High Street
Carlisle, PA
AND NOW, comes Linda Ann Hartung, by and through her counsel, Saidis, Flower &
Lindsay, and answers the Complaint in Divorce and pleads a Counterclaim.
1. Denied. Martin Leon Hartung, Plaintiff above, upon information and belief,
resides at 103 Susan Lane, Carlisle, Cumberland County, Pennsylvania 17013.
2. Admitted.
3. Admitted.
4. Admitted.
5. Defendant is without information to form a belief as to whether the averments
in paragraph 5 are true and therefore denies them.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
COUNTERCLAIM
Count I - Eauitabie Distribution
11. The answers to the averments in paragraphs 1 through 10 are incorporated
herein by reference as if set out in full.
y
12. In the course of their marriage, the parties acquired certain property, both
personal and real.
WHEREFORE, Defendant prays this Honorable Court to equitably divide the parties'
property.
Count II - Attorney's Fees. Alimony. Alimony Pendente Lite and Costs
13. The averments in paragraphs 1 through 12 above are incorporated herein by
reference as if set out in full.
14. Defendant is without sufficient means to provide for her own reasonable
needs and for the cost of litigation.
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the
reasonable costs of the instant action and reasonable attorney's fees and to pay to
Defendant alimony sufficient to meet her reasonable needs.
SAIDIS, FLOWER & LINDSAY
Carol J. Lindsa s uin?
Supreme Co ID . 44693
26 West Hig et
Carlisle, PA 17013
717-243-6222
Dated: 71? rfl e
SAIDIS,
FLOWER &
LINDSAY
MU
26 West High Street
Carlisle, PA
r7
VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
Linda A. Hartung
Date:
SAMIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
CERTIFICATE OF SERVICE
On this V* day of v+4008, I, Carol J. Lindsay, Esquire, of the law firm of
SAIDIS, FLOWER & LINDSA , hereby certify that on this date a copy of the attached document
was served on the following individuals, via first class mail, postage prepaid, addressed as
follows:
Linda A. Clotfelter, Esquire
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
SAIDIS, FLOWER & LINDSAY
Carol J. Lindsay,,Esq e"
44693
Supreme Cou =,fD .
26 West High Carlisle, PA 17013
717-243-6222
SAIDIS,
FWNWR &
LRgDSAY
26 West High Street
Carlisle, PA
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MARTIN LEON HARTUNG,
Plaintiff
VS.
LINDA ANN HARTUNG,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-6231
CIVIL ACTION - DIVORCE
RESPONSES TO INTERROGATORIES
AND NOW, comes Plaintiff, Martin L. Hartung, by and through his counsel, Linda A.
Clotfelter, Esquire, who responds to Defendant's Interrogatories as follows:
1. No assets were received. Property owned by decedent was minimal and went to
joint owner. There was no probate estate and thus no Family Settlement
Agreement.
2. The only available document is attached.
3. Yes. Funds were used to pay marital debt. See documents produced in response
to Defendant's Request for Production of Documents.
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
L' da A. Clotfelter, Esquire
A orney ID No. 72963
21 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
Attorney for Plaintiff
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MARTIN LEON HARTUNG, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 03-6231
LINDA ANN HARTUNG, CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this _5 th day of September, 2007, the undersigned hereby certifies that a
true and correct copy of the foregoing RESPONSES TO INTERROGATORIES was served upon
the opposing party by first class mail, postage prepaid, addressed as follows:
Carol Lindsay, Esquire
Saidis, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
-
L' da A. Clotfelter, Esquire
A orney ID No. 72963
5021 East Trindle Road, Suite 1
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
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MARTIN LEON HARTUNG,
Plaintiff
VS.
LINDA ANN HARTUNG,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-6231
CIVIL ACTION - DIVORCE
RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS
AND NOW, comes Plaintiff, Martin L. Hartung, by and through his counsel, Linda A.
Clotfelter, Esquire, who responds to Defendant's Request for Production of Documents as
follows:
1. See attached. Will be updated prior to pre-trial conference.
2. See attached.
3. See attached.
4. Not available.
5. See attached.
6. See attached.
7. See attached.
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
v v - -
1221 da A. Clotfelter, Esquire
orney ID No. 72963
East Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
Attorney for Plaintiff
i
MARTIN LEON HARTUNG, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 03-6231
LINDA ANN HARTUNG, CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this St' th day of September, 2007, the undersigned hereby certifies that a
true and correct copy of the foregoing RESPONSES TO REQUEST FOR PRODUCTION OF
DOCUMENTS was served upon the opposing party by first class mail, postage prepaid,
addressed as follows:
Carol Lindsay, Esquire
Saidis, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
L da A. Clotfelter, Esquire
A orney ID No. 729,63
1 East Trindle Road, Suite 1
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
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MARTIN LEON HARTUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 03-6231 CIVIL TERM
LINDA ANN HARTUNG, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed
December 1, 2003 and was reinstated on November 29, 2005.
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. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees and expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unworn falsification to authorities.
Date: lelw
MAkTW. TUNG, Plaintiff
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MARTIN LEON HARTUNG,
Plaintiff
VS.
LINDA ANN HARTUNG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6231 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER & 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Date: 0 d? S
M)WIN6AARTUNG, Plaintiff
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MARTIN LEON HARTUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 03-6231 CIVIL TERM
LINDA ANN HARTUNG, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
December 1, 2003 and was reinstated on November 29, 2005.
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. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees and expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date:/O-.20-0 YAd,,
LINDA A. HARTUNG, De ndant
ccl
MARTIN LEON HARTUNG,
Plaintiff
V3.
LINDA ANN HARTUNG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6231 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER & 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unworn falsification to authorities.
Date: r-?Ilmlh'a A4?? ?'z
L DA A. HAR UN fendant
vin
MARTIN LEON HARTUNG,
Plaintiff
LINDA ANN HARTUNG,
Defendant .
NOTICE OF FILING MASTER'S REPORT
The report of the Master has been filed this date and
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P. 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day period, the Court shall receive the
report, and if approved, shall enter a final decree in
accordance with the recommendations contained in the report.
Date: 10/28/09
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03 - 6231 CIVIL
IN DIVORCE
E. Robert Elicker, II
Divorce Master
NOTE: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should
notify the court reporter in the Master's office so
arrangements can be made for a transcript. Upon
completion of the transcript and receipt of payment,
the entire file will be returned to the
Prothonotary's office for transmittal to the Court at
time of argument on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations
and provide a proposed order of Court to the Master.
Counsel shall also prepare and provide with the
proposed order of Court a praecipe* to the
Prothonotary directing the Prothonotary to submit the
case to the Court for final disposition. The Master
will then transfer the file with the proposed order
of Court and praecipe to the Prothonotary's Office
for docketing and transmittal by the Prothonotary to
the Court.
* Form available in the Prothonotary's office and the
Master's office. (NOT the praecipe to transmit the
record form as set out in P.R.C.P. 1920.73(b).)
FILED-Q?F',CE
OF THE PROTHIn ` OTARY
2009 OCT 28 AM 10: 31
PENNSYLVANIA
MARTIN LEON HARTUNG,
Plaintiff
VS.
LINDA ANN HARTUNG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03 - 6231 CIVIL
IN DIVORCE
MASTER'S REPORT
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Proceedings held before
E. Robert Elicker, II, Divorce Master
9 North Hanover Street, Carlisle, PA 17013
proceedings held on May 5, 2009, and
October 20, 2009, commencing at 9:00 a.m.
APPEARANCES:
Linda A. Clotfelter
Attorney for Plaintiff
Carol J. Lindsay
Attorney for Defendant
PROCEDURAL HISTORY
A complaint in divorce was filed on December 1, 2003, and reinstated on
November 29, 2005. Shortly thereafter the complaint was served on wife which was her
first knowledge of a complaint having been filed. The husband and wife continued to
live together during the period in which the complaint was filed and pending but not
served.
The Master was appointed on July 29, 2008, thereafter requesting
certification as to discovery. Pretrial statements were directed to be filed on or before
December 15, 2008, and a pre-hearing conference was set for March 3, 2009.
On May 5, 2009, a hearing was held on the factor of marital misconduct as
that factor may affect wife's alimony claim. A further conference was scheduled on May
14, 2009, which was moved to June 17, 2009. Following the conference, a hearing was
set for October 20, 2009.
Counsel have resolved the economic claim of equitable distribution and
the claim for counsel fees prior to the hearing on October 20, 2009, and entered into an
agreement resolving those claims.
Prior to the taking of testimony on October 20, 2009, the Master set forth
on the record a statement regarding procedural issues and also a recognition that the
claims for equitable distribution and counsel fees had been previously resolved through
an agreement. Counsel went on the record, at the request of Master, giving a summary of
the resolution of the economic claim of equitable distribution with respect to the
percentage of the estate to each of the parties and the total value of the marital estate
recognizing that approximately $10,000.00 worth of debt was taken into account in the
distribution of the marital assets. The transcribed remarks by the Master and counsel
prior to taking testimony are made a part of this report and attached hereto.
The Master proceeded to take testimony on the claim by wife for alimony
relating to the factors in Section 3701(b) of the Domestic Relations Code.
CONCLUSION OF LAW
The parties signed affidavits of consent and waivers of notice of intention
to request entry of divorce decree on October 20, 2009, which were filed by the Master's
office with the Prothonotary's office. Therefore, the divorce can conclude under Section
3301(c) of the Domestic Relations Code.
ANAYLSIS OF THE FACTORS UNDER
SECTION 3701(b) OF THE DOMESTIC RELATIONS
CODE RELATING TO ALIMONY
1. Husband is employed by Comcast Cable as a supervisor. His income is
around $63,000.00 gross annually without including the annual bonus.
According to a calculation by counsel, depending on deductions, his net
income is around $4,000.00 monthly. In 2006 the Cumberland County
Domestic Relations Office determined his net monthly income to be around
$3,600.00 a month. Two years later, with increases and bonuses, the income
is around $4,000.00 net monthly.
Wife works for the Carlisle Area School District as an aide and her earnings,
including Child Time in the summer, are around $700.00 net monthly. Wife
works 32.5 hours per week and considers herself to be a full-time employee,
although husband has raised a issue as to whether or not wife could
supplement her income with additional employment. However, wife has been
working as a teacher's aide for a number of years and is comfortable in her
position with the Carlisle School District.
2. Husband is 53 years of age and has been treating for depression and high
blood pressure. Wife is 52 years of age and takes medication for high blood
pressure and for Grave's disease, which is a thyroid condition. Wife's thyroid
2
is no longer functioning and she takes medication to supplement the lack of
thyroid function.
The source of income of each of the parties is their earnings from their
employment. Neither party has any other sources of earnings. Husband
currently has been providing medical benefits to wife which also include
coverage for the minor son. Upon the entry of a decree in divorce, the cost for
the medical insurance benefit provided by husband, since wife will be
removed from his coverage, will most likely be reduced although the
testimony is uncertain as to the exact amount. Wife, on the other hand, has
insurance benefits available to her through her employment at a minimal cost
annually of less than $1,000.00. Husband has a retirement plan with an
IRA/401(k). Wife has a small retirement sum build up through her
employment with the Carlisle School District which is not yet vested.
4. Neither party has any expectancy of any inheritances.
5. The parties were married on September 16, 1978, and separated August 26,
2005. The parties were married and living together nearly 27 years.
6. Neither party contributed to the education or training of the other party.
7. Wife is currently the custodian of a minor child of the parties, Cory, who is 17
years of age and will graduate from high school in June 2010.
8. The standard of living of the parties as described by the parties was modest.
9. Husband has a high school diploma; wife has a high school diploma and some
training at a community college in a secretarial course. Husband did receive
some specialized training through his employment to assist him in better
performing his work responsibilities. Neither party is considering continuing
any education.
10. The assets and liabilities of the parties have been addressed in the agreement
relating to equitable distribution which is summarized in the statement on the
record prior to taking testimony which is attached to this report. Wife will be
incurring a mortgage payment of around $700.00 monthly which includes
taxes and insurance as a result of her buying out husband's interest in the
marital home. Husband intends to use those funds to assist in paying off some
debt which is currently being serviced and paid in the amount of $776.00 per
month.
11. Neither party brought any property of any significance to the marriage,
although during the course of the marriage, on occasion, wife's father would
give the parties cash as a gift.
3
12. Wife served as a homemaker taking care of the duties of cooking, cleaning,
shopping, laundry and transporting the children to and from school activities.
During the time wife was ill and recovering from Grave's disease, husband
did assist in taking care of a lot of the household duties because of wife's
inability to perform those duties because of her physical condition.
13. Because of wife's small income, she is in a situation where she needs
assistance with her normal living expenses. Husband's income provides him
an adequate source of income to provide for his needs.
14. As previously noted, a hearing on marital misconduct was held on May 15,
2009. A lot of the testimony simply related to reasons why the marriage was
not working and why the parties were in the process of a divorce which
included customary complaints of not communicating and not functioning as a
unit. However, during the course of the testimony it was revealed that
husband had a romantic relationship with his neighbor, a woman who has
been providing husband living accommodations since the separation. The
relationship between husband and the neighbor woman was ongoing while the
parties were living together in the marital home.
15. No tax ramifications have been significant in the resolution of this case except
that the payment of alimony to wife will be deducted by husband and will be
treated as income to wife.
16. Although wife is getting the marital home in the course of the distribution of
the marital estate, she will have to incur a mortgage payment to buy out
husband's interest. Her ability to acquire sufficient property to maintain
herself is limited. The limitations on wife are based on her small income.
Husband will be in a better position to provide for himself because of his
significantly larger income than wife.
17. Wife is in need of alimony as she is not able to provide for all of her needs
necessary to support herself through employment.
DISCUSSION
ALIMONY
The Master believes that alimony is necessary for wife's continued
maintenance and support. The Master has considered the agreement of equitable
distribution, and the analysis of the factors under Section 3701(b) of the Domestic
Relations Code.
4
Basic facts of note are that the marriage is long-term and that
husband has nearly six times the gross income annually as wife. Although both parties
have health issues, they are able to perform the job responsibilities assigned to them
through their employment.
Husband is currently paying monthly $686.00 for child support for
Cory and $551.00 as spousal support for wife. Upon the entry of a divorce decree, wife's
spousal support will terminate. The child support for Cory will most likely terminate in
June 2010, assuming Cory graduates from high school. Consequently, husband will be
relieved of payment of $1,238.00 monthly total when Cory graduates in 2010.
Although wife will not need to take advantage of COBRA benefits
offered through husband's employment for medical insurance, she will have a small
monthly payment to make for the coverage provided by the Carlisle School District. The
total amount for her insurance will be around $1,000.00 per year. Husband will continue
medical benefits through his employment and will continue to cover Cory until Cory
graduates from high school. If Cory goes to college, then his medical benefits will be
covered under husband's policy for the duration of his college education providing that
he is a full-time student.
Based on the review of husband's expenses, the spousal support
will end upon the entry of a divorce decree ($551.00) and the child support will end when
Cory graduates from high school in June 2010 ($686.00). Husband also testified that he
intends to pay off a debt which he had to incur on credit cards ($776.00). The combined
savings amounts monthly to $2,013.00. Husband indicated that he intends to use money
that he receives from wife in the equitable distribution payment to him for wife's interest
in the marital home to liquidate debt. Consequently, husband's financial position based
on the termination of support payments and the liquidation of debt will significantly
improve by the spring of 2010.
The Master has also considered the fact that husband's conduct
with regard to the divorce proceedings was anything but forthcoming. Specifically,
husband filed a divorce complaint in December 2003 and did not advise wife of the filing
until he reinstated the complaint and served her in 2005. Consequently, husband lived
with wife for approximately two years without her knowledge of any pending divorce
action which was deceitful on the part of husband. Furthermore, husband's deceit
continued with regard to his relationship with the neighbor woman which was discovered
by wife by hearing a telephone message that the woman had left for husband indicating
her love for husband and her interest in him.
Even with the payment by husband to wife of alimony, wife will
not live a lavish lifestyle. The assistance to wife for her maintenance by way of alimony
will simply provide for her a continuation of a very modest lifestyle.
RECOMMENDATION
ALIMONY
Husband shall pay to wife the sum of $800.00 per month to begin
upon the entry of a divorce and continuing until June 1, 2010. On June 1, 2010, husband
will pay to wife $1,000.00 per month as alimony indefinitely. The amount and duration
of alimony, however, shall be subject to modification and termination on petition of
either party as allowed under Section 3701(e) of the Domestic Relations Code. The
6
Master in his recommendation has taken into account the changes and circumstances in
husband's income and expenses through June 2010. Request for modification resulting
from a change of circumstances of a substantial and continuing nature would include
significant changes in income, health issues, disability, and retirement, which would
serve as a general example of reasons for requesting a review. Husband's alimony
obligation would terminate upon the death of either party, the cohabitation of wife with a
person of the opposite sex or wife's remarriage.
The payments to wife of alimony shall be paid monthly through the
Cumberland County Domestic Relations Office.
Respectfully submitted,
?Robert Elicker, 11
Divorce Master
7
1 THE MASTER: Today is Tuesday, October 20,
2 2009. This is the date set for a hearing in the
3 above-captioned divorce proceedings. Present in the hearing
4 room are the Plaintiff, Martin Leon Hartung, and his counsel
5 Linda Clotfelter, and the Defendant, Linda Ann Hartung, and
6 her counsel Carol J. Lindsay.
7 A complaint in divorce was filed on December
8 1, 2003, and reinstated on November 29, 2005. The
9 complaint in divorce raised grounds for divorce of
10 irretrievable breakdown of the marriage and no economic
11 claims were raised in the complaint.
12 With respect to the grounds for divorce, the
13 Master has been provided affidavits of consent and waivers
14 of notice of intention to request entry of divorce decree
15 signed and dated today by both parties. The Master's
16 office will file the affidavits and waivers with the
17 Prothonotary's office and the divorce can conclude under
18 Section 3301(c) of the Domestic Relations Code.
19 On May 5, 2009, we had a hearing on the
20 factor of marital misconduct as that factor relates to
21 wife's alimony claim. After that hearing counsel had
22 indicated that they had reached an agreement on the issues
23 relating to equitable distribution. The agreement is in
24 the process of being refined and will be signed by the
25 parties and the Master will be provided a copy as soon as it
1
1 is available.
2 With respect to the economic claims raised,
3 the claims of equitable distribution, alimony, alimony
4 pendente lite and attorney fees were raised in a
5 counterclaim filed by the plaintiff on August 4, 2008.
6 I am going to ask counsel to set forth
7 generally the terms of equitable distribution agreement for
8 the record and then we will proceed with testimony on the
9 outstanding claim for alimony.
10 With respect to the claim pending for counsel
11 fees, counsel have advised that that has been addressed in
12 the agreement which is going to be provided to the Master
13 regarding equitable distribution and that that agreement
14 will specifically state that the claim for counsel fees has
15 been withdrawn.
16 MS. LINDSAY: The parties have decided to
17 divide the marital estate with wife receiving 55% and
18 husband receiving 450. The marital estate was valued at
19 approximately $200,000.00 with about approximately
20 $10,000.00 worth of marital debt which was taken into
21 account in the distribution as we negotiated it.
22 MS. CLOTFELTER: That is pretty accurate.
23 MS. LINDSAY: The agreement will call for Mr.
24 Hartung to receive from the refinance of the marital home in
25 excess of $58,000.00. He will also retain his retirement
2
1 accounts, essentially all the retirement accounts, and all
2 the investment assets. He is retaining his vehicle. He is
3 receiving his savings account and a 2005 tax refund.
4 Wife is getting the marital home.
5 THE MASTER: In addition to that, he is
6 getting cash.
7 MS. LINDSAY: In addition to that, he is
8 getting cash in excess of $58,000.00 which includes a fair
9 rental value portion that we have calculated.
10 Wife is getting the marital home, which is
11 not unencumbered which she will encumber in order to pay out
12 husband's interest. She also has a vehicle with relatively
13 small value and she received a cash account -- a checking
14 account also that had $7,000.00 in it.
15 MS. CLOTFELTER: May I clarify? Husband's
16 vehicle is over encumbered. Wife's is paid off. The cash
17 payout to husband will be $56,805.00 and that includes
18 $7,870.00 for fair rental through June.
19 THE MASTER: What kind of vehicle does
20 husband have that is over encumbered?
21 MS. CLOTFELTER: Ford F-150 truck.
22 THE MASTER: What kind of vehicle does wife
23 have?
24 MS. CLOTFELTER: A 2000 Pontiac Montana van
25 that was paid off when they were together.
3
1 MS. LINDSAY: If we are going to get detailed
2 here, the truck was purchased by husband just within days of
3 husband serving wife with a complaint in divorce?
4 THE MASTER: In '05?
5 MS. LINDSAY: Yes.
6 MS. CLOTFELTER: For further clarification,
7 the significant cash assets that they had was the $7,000.00
8 account which wife got. Husband's savings was $224.00.
9 THE MASTER: What date of separation are you
10 using?
11 MS. CLOTFELTER: August 26, 2005.
12 THE MASTER: Which is about two years after
13 the original complaint was filed? The date of the marriage
14 is September 16, 1978.
15 MS. CLOTFELTER: Yes.
16 THE MASTER: So we have a fairly long-term
17 marriage? Anything else you want to put on the record,
18 counsel, before we start the testimony on the alimony claim?
19 MS LINDSAY: No. Thank you.
20 MS. CLOTFELTER: No.
21 THE MASTER: Will you swear the witness,
22 please.
23 Whereupon, MARTIN LEON HARTUNG, having been
24 duly sworn, testified as follows:
25 DIRECT EXAMINATION
4
FILED-0r ,r;F.
OF THE NPv; h oTAF*
2009 OCT 28 AM 10: 29
T-L?YI?aYLYrii Y?l'?
MARTIN LEON HARTUNG,
Plaintiff
V.
LINDA ANN HARTUNG,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-6231 CIVIL TERM
IN DIVORCE
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this day of , 2009, between
MARTIN LEON HARTUNG, of 103 Susan Lane, Carlisle, Cumberland County, Pennsylvania,
hereinafter referred to as Husband, and LINDA ANN HARTUNG, of 100 Cumberland Drive,
Carlisle Cumberland County, Pennsylvania 17013, hereinafter referred to as Wife.
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage on
September 16, 1978 in Cumberland, Maryland; and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Commonwealth of Pennsylvania, to Number 03-6231, Civil Term; and
R.3: The parties hereto desire to settle fully and finally their respective financial and
property rights and obligations including, but not limited to, all matters between them relating to
the ownership of real and personal property and the settling of any and all claims and possible
claims against the other against their respective estates except for claims for spousal support,
alimony, and alimony pendente lite.
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
mutually kept and performed by each party, as well as for other good and valuable consideration
and intending to be legally bound, it is agreed as follows:
-1-
(1) SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place or places as he or she from time to time
may choose or deem fit, free from any control, restraint or interference from the other. Neither
party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by
any legal or other proceeding. Each party shall be free of the interference, authority or contact by
the other as if he or she was single and unmarried except as maybe necessary to carry out the
terms of this Agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and
that they will sign Affidavits of Consent and secure a mutual consent no-fault divorce decree once
a decision has been made on the issue of alimony. Upon the execution of this Agreement, the
parties shall execute and file Affidavits of Consent and Waivers of Notice, but neither will transmit
the record until the outstanding economic claim is completely resolved.
(3) REAL PROPERTY: The parties are the owners of certain real estate with
improvements thereon erected and known and numbered as 100 Cumberland Drive, Carlisle,
Cumberland County, Pennsylvania (hereinafter the "Marital Residence"). There are no mortgages
or liens associated with the Marital Residence; it was appraised for $145,500.00; and $900.00 per
month was established by the appraiser as the fair rental value of the property.
Wife has exclusive use and possession of the Marital Residence and she has indicated an
express desire to retain the Marital Residence as her sole and separate property. On the same
day as he executes this Agreement, Husband will sign a special warranty deed transferring to
Wife all his right, title and interest in the marital home. Said deed shall be held in escrow by
Husband's attorney until such time as Wife obtains a mortgage on the Marital Residence sufficient
to pay Husband the sum of $56,805.00 plus additional sums for Husband's fair rental credit as
further described herein. The settlement on Wife's mortgage shall occur no later than forty-five
(45) days from the date of execution of this Agreement. The $56,805.00 sum to be paid to
-2-
Husband constitutes Wife's payment to Husband and comprises both his 45% of the marital
assets as well as the sum of $7,870.00 as the fair rental credit due to Husband through June,
2009. If Wife fails to close on the loan prior to the forty-five (45) day time limitation of this
provision, Husband shall be entitled to additional sums for a fair rental credit equal to $450.00 per
month starting upon the expiration of the forty-five (45) time period until he is paid as per this
Paragraph.
While Wife has exclusive use and possession of the Marital Residence she will be solely
and exclusively responsible for the payment of any charges such as taxes, home owner's
insurance and the like, associated with the marital home including the costs of the loan she is
obtaining and she shall indemnify and hold Husband harmless with regard to any such charges.
It is agreed that Wife will close her loan and make the requisite payment to Husband within forty-
five (45) days of the date of this Agreement.
If Wife is unable to close on her mortgage within forty-five (45) days of the date of
execution of this Agreement, then Husband shall have the right of first refusal to purchase the
property at fair market value as determined by an appraisal to be obtained by Husband from Apex
Appraisals. Husband shall have twenty (20) days to decide if he is going to purchase the real
estate. If Husband purchases the real estate and the fair market value is determined to be less
than $145,500.00, then the sum of money credited as Wife's payment to Husband to meet the
45/55 equitable distribution scheme described herein shall be reduced at a rate of 45% of the
difference between $145,500.00 and the actual fair market value as appraised. If Husband
purchases the property at the appraised price, and that price exceeds $145,500.00, then the sum
of money credited as Wife's payment to Husband shall be increased at the rate of 45% of the
difference between $145,500.00 and the actual fair market value as appraised.
If Husband does not elect to purchase the real property, the property shall be listed for
sale with a realtor of the parties' mutual selection at a price not to exceed 110% of the 2009/10
-3-
appraised value, or if there is no appraisal, then at a price determined by Wife after consultation
with her real estate agent so that the property can be sold within eight (8) months. Each party
shall cooperate fully in listing, marketing, and facilitating the sale of the property with the
proceeds, after the deduction of the customary seller's costs being distributed as follows:
39.04% to Husband plus additional sums for Husband's fair rental credit of $450.00 per month
for the period of time from the expiration of the forty-five (45) days period from the date of
execution of this Agreement through and including the month that the settlement occurs; and the
remaining proceeds shall be distributed to Wife.
(4) DEBT:
A. Husband represents and warrants to Wife that since the separation date of
August 26, 2005, he has not, and in the future he will not contract or incur any debt or liability
for which Wife or her estate might be responsible, and he shall indemnify and save Wife
harmless from any and all claims or demands made against her by reason of such debt or
obligation incurred by him since the date of said separation, except as otherwise set forth
herein.
Wife represents and warrants to Husband that since the separation date of August 26,
2005, she has not, and in the future she will not, contract or incur any debt or liability for which
Husband or his estate might be responsible, and she shall indemnify and save Husband
harmless from any and all claims or demands made against him by reason of such debts or
obligations incurred by her since the date of said separation, except as otherwise set forth
herein. The parties also agree to the following:
a. Marital Debt. During the course of the marriage, Husband and Wife have
incurred certain bills and obligations that are marital debt. It is their specific
desire to address a distribution of those debts herein. The parties agree that
each party shall retain as his or her sole and separate obligation the marital debt
as described in this section.
b. General Provision: Any debt herein described shall be deemed to include the
current balance owed on the debt as of the date of execution of this Agreement.
-4-
C. Wife's debts: Wife shall be solely responsible for the following bills and debts:
Real Estate Expenses: Any and all expenses associated with the
Marital Residence as referenced in Paragraph 3 and the secured
loan Wife intends to obtain on same.
2. Other Debts: Any and all other debts, liabilities, obligations, loans,
credit card accounts, and the like incurred in Wife's sole name
and not otherwise provided for herein.
d. Husband's Debts: Husband shall be solely responsible for the following bills and
debts:
Auto Loan: The automobile loan through PSECU with an
approximate balance due of $8,000.00 secured by the 2003 Ford
F-150 Truck to be retained by Husband and any and all other
liabilities related to that asset not otherwise provided for herein.
2. Fidelity 401(k) Loan: Husband shall be solely responsible for the
remaining sum due on the loan of approximately $8,400.00 from
his retirement account that was used to pay marital credit card
debt.
3. Other Debts: Any and all other debts, liabilities, obligations, loans,
credit card accounts, and the like incurred in Husband's sole
name, and not otherwise provided for herein.
e. Indemnification: Each party agrees to hold the other harmless from any and all
liability which may arise from the aforesaid bills which pursuant to the terms
herein are not the responsibility of the other party. This includes but is not
limited to reasonable 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.
No Further Charges on Joint Debts: Neither party shall make any further charges
on any joint debt for which the other party may be responsible, and if said
charges are made in violation of this Agreement, then the party incurring said
charge shall immediately repay same. From the date of this Agreement, each
party shall only use those credit accounts or incur such further obligations for
which that party is individually and solely liable and the parties shall cooperate in
closing any remaining accounts which provide for joint liability.
g. 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.
(5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she
may have to any and all motor vehicles currently in possession of the other party. Within ten (10)
days of the date of this Agreement, each party shall execute any documents necessary to have
said vehicles properly registered in the other party's name with the Pennsylvania Department of
Transportation. Each party shall assume full responsibility of any encumbrance on the motor
vehicle received by said party, and shall hold harmless and indemnify the other party from any
loss thereon. Specifically, Wife will retain the 2000 General Motors Montana that is
unencumbered and Husband will retain the 2003 Ford F-150 truck that is secured by a loan
through PSECU.
(6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they
have effected a satisfactory division of the furniture, household furnishings, appliances, tools and
other household personal property between them, and they mutually agree that each party shall
from and after the date hereof be the sole and separate owner of all such property presently in his
or her possession, with the exception of the items listed on Exhibit "A" attached hereto that are in
Wife's possession but are to be Husband's sole and separate property, whether said property was
heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect
of an assignment or bill of sale from each party to the other for such property to be distributed to
each as per this Paragraph.
Within ten (10) days of the date of this Agreement the items set out on Exhibit "A"
attached hereto shall be picked up by Husband at a date and time mutually agreeable to the
parties.
(7) INTANGIBLE PERSONAL PROPERTY: It is acknowledged that at that on the
date of separation the parties owned certain intangible personal property items. Each party
hereby relinquishes any right, title or interest he or she may have in or to any intangible personal
6
property currently titled in the name of or in the possession of the other party, including, but not
limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment
benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans,
investment accounts and the like.
(8) ALIMONY: The terms of this Agreement address the distribution of property and
counsel fees and costs but not of alimony which is a claim raised in the divorce case by Wife.
The claim for alimony shall be determined by the Divorce Master.
(9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been
notified of his or her right to consult with counsel of his or her choice, and have been provided a
copy of this Agreement with which to consult with counsel. Husband is represented by Linda
Clotfelter, Esquire and Wife is represented by Carol J. Lindsay, Esquire. Each party
acknowledges and accepts 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 as each has sought from counsel, and the execution of this Agreement is not the
result of any duress or undue influence, and that it is not the result of any improper or illegal
agreement or agreements.
(10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
(11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax
returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is
proposed, or 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
7
assessment and any interest, penalty and expense incurred in connection 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 failures to disclose the nature and extent
of his or her separate income on the aforesaid joint returns.
(12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement
shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a
discharge of any obligations assumed hereunder, the other party shall have the right to declare
this Agreement to be null and void and to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement including alimony
shall be subject to court determination the same as if this Agreement had never been entered
into.
(13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent,
acknowledge and agree that each is fully and completely informed of, and is familiar with, the
wealth, real and personal property, estate and assets, earnings and income of the other and has
made any inquiry he or she desires into the income or estate of the other and received any such
information requested. Each has made a full and complete disclosure to the other of his and her
entire assets, liabilities, income and expenses and any further enumeration or statement thereof in
this Agreement is specifically waived.
(14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of
them has read and understand his and her rights and responsibilities under this Agreement and
that they have executed this Agreement under no compulsion to do so but as a voluntary act.
(15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby
releases the other from any and all claims, or demands up to the date of execution hereof. It is
8
further specifically understood and agreed by and between the parties hereto that each party
accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all
of said party's rights against the other for equitable distribution of marital property.
(16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each
hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs,
representatives, assigns and estate, from and with respect to the following:
A. All liability, claims, causes of action, damages, costs, contributions and
expenses or demands whatsoever in law or in equity;
B. All rights, title, interest or claims in or to any property of the other, whether
real, personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the nature of
courtesy and dower;
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether now
owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance; and
(4) all other rights or authority to participate or intervene in a deceased
spouse's estate in any way, whether arising under the laws of Pennsylvania or any other
country, territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and obligations arising out of or in
connection with the marital relationship or the joint ownership of property, whether real,
9
personal or mixed;
H. All rights, claims, demands, liabilities and obligations arising under the
provisions of the Pennsylvania Divorce Code, as the same may be amended from time to
time, and under the provisions of any similar statute enacted by any other country, state,
territory or political subdivision;
1. All rights, claims, demands, liabilities and obligations each party now has,
or may hereafter have, against or with respect to the other.
(17) GOVERNING LAW: This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or
unenforceable, all other provisions shall continue in full force and effect.
(18) INCORPORATION INTO DECREE: In the event that either of the parties shall
recover a final judgment or decree of absolute divorce against the other in a court of competent
jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance
but shall not be merged into such judgment or decree and this Agreement shall survive any such
final judgment or decree of absolute divorce and shall be entirely independent thereof.
(19) BREACH: In the event that either party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs incurred to enforce the Agreement, including,
but not limited to, court cost and counsel fees of the other party. In the event of breach, the other
party shall have the right, at his or her election; to sue for damages for such breach or to seek
such other and additional remedies as may be available to him or her.
(20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations, or agreements, oral
or written, of any nature whatsoever, other than those herein contained.
10
(21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind
the parties hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto
set their hands and seals the day and year first written above.
WITNESS:
a in Leon Ha ung
inda Ann Hartung
11
EXHIBIT "A"
Miscellaneous items of that was Husband's family's furniture (including but not limited to
the bedroom set that was a gift from Husband's sister, Pat), gifts, and furniture he built.
2. Husband's clothing and personal items still in residence.
3. Large screen television purchased by Husband after date of separation using Husband's
credit card.
4. Husband's tools and related items in basement.
12
?.ll !
OF ?Hr:
2609 MEC 10 PMi 12: E 0
d
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARTIN LEON HARTUNG,
Plaintiff
vs. No. 03 - 6231 CIVIL
LINDA ANN HARTUNG, Civil 2003
Defendant
PRAECIPE
TO: Curtis R. Long, Prothonotary
It appearing that the Master's report in the above stated case has
been filed for ten (10) days, that no exceptions have been filed thereto,
that the costs have been fully paid and that all the requirements of law
and Rules of Court have been met, you are hereby directed to submit the
said case to the Court of Common Pleas of Cumberland County,
Pennsylvania, at the next sitting thereof.
Dated: l) a
I, Curtis R. Long, Prothonotary of the Court of Common Pleas of
Cumberland County, Pennsylvania, do hereby certify that the costs in
the above stated case, have all been paid, including the Master's fee.
In) - Proth not
Mechanicsburg, PA 17050
(717) 796-1930
R'I ... r r ?..,.:;
E:
2009 GEC 16 Pry I : 25
MARTIN LEON HARTUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 03-6231 CIVIL TERM
LINDA ANN HARTUNG, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry
of a divorce decree:
The ground for divorce is irretrievable breakdown under Section 3301 (c) of the
Divorce Code.
2. The Complaint was filed on December 1, 2003 and was reinstated on November
29, 2005.
3. Date and manner of Service of the Complaint: December 6, 2005, by Acceptance
of Service of Counsel for Defendant.
4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on October 20,
2009, and filed on October 22, 2009. The Defendant's Affidavit of Consent was executed on
October 20, 2009, and filed on October 22, 2009.
5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce
Decree under 3301 (c) of the Divorce Code on October 20, 2009, and said waiver was filed on
October 22, 2009. Defendant executed a Waiver of Notice of Intention to Request Entry of a
Divorce Decree under 3301 (c) of the Divorce Code on October 20, 2009, and said waiver was
filed on October 20, 2009.
6. There are no related claims pending. All related issues were resolved in the
Master's Report dated October 28, 2009 and the parties Marital Settlement Agreement dated
October 20, 2009, which will be incorporated into the Divorce Decree as per Paragraph 18 on
page 10 of the Agreement.
Respectfully submitted,
Date: ? I D g
LAW FIRM OF LINDA A. CLOTFELTER
Li4da A. Clotfelter, Esquire
A rney I.D. No. 72963
lt2l East Trindle Road, Suite
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
i
^'-
; OTARY
2009 OF-C 16 PIN' 1: 2 5
IN THE COURT OF COMMON PLEAS OF
MARTIN LEON HARTUNG CUMBERLAND COUNTY, PENNSYLVANIA
.
V.
LINDA ANN HARTUNG : NO 03-6231
DIVORCE DECREE
AND NOW, > e 6, Z- Z oo l J t is ordered and decreed that
MARTIN LEON HARTUNG plaintiff, and
ell
P othonotary
LINDA ANN HARTUNG , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
IT IS FURTHER ORDERED the Master's Report dated October 28, 2009, and the parties'
Marital Settlement Agreement dated October 20, 2009, are incorporated herein.
By the Court,
st:
30 XAC
/a 3? •oy'
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State _Commonwealth of Pennsylvania 241108315
Co./City/Dist. of CUMBERLAND 443 S 2006
Date of Order/Notice 01/11/10
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
COMCAST CABLE*
C/O GARNISHMENT DEPT
1 COMCAST CTR FL 28
1701 JFK BLVD
213-72-4790
Employee/Obligor's Social Security Number
6593101676
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
PHILADELPHIA PA 19103-2838 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.
$ 686.72 per month in current child support
$ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no
$ 0.00 per month in current medical support
$ o . oo per month in past-due medical support
$ 800.00 per month in current spousal support ?- T
$ o. oo per month in past-due spousal support= ?i
$ 0.00 per month for genetic test costs C-0 r`?
$ o. oo per month in other (specify) ` rr,
$ one-time lump sum payment'
- Cp t 1?'t
for a total of $ 1,486.72 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 Jnot match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 343.09 per weekly pay period. $ 743.36 per semimonthly pay period
(twice a month)
$ 686.18 per biweekly pay period (every two weeks) $ 1, 486.72 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAM THE ACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SEC Y NUM ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. q
BY THE COURT:
Edward E. Guido, Judge
DRO: R.J. Shadday Form EN-028 Rev.5
03-6231 CIVIL
OOriginal Order/Notice
OAmended Order/Notice
(Terminate Order/Notice
QOne-Time Lump Sum/Notice
RE:HARTUNG, MARTIN L.
Employee/Obligor's Name (Last, First, MI)
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
E] If checked you are required to provide a copy of this form to your em loyee. If your employee works in a state that is
different from the state that issued this order, a copy must be providedpto your employee even if the box is not checked
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2320847840
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ED THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR:[--]
EMPLOYEE'S/OBLIGOR'S NAME:HARTUNG, MARTIN L.
EMPLOYEE'S CASE IDENTIFIER: 6593101676 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
NEW EMPLOYER'S NAME/ADDRE
FINAL PAYMENT AMOUNT
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ADDENDUM
Summarv of Cases on Attachment
Defendant/Obligor: HARTUNG, MARTIN L.
PACKS Case Number 238111391 PACSES Case Number 241108315
Plaintiff Name Plaintiff Name
LINDA A. HARTUNG LINDA A. HARTUNG
Docket Attachment Amount Docket Attachment Amount
03-6231 CIVIL$ 800.00 00443 5 2006 $ 686.72
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
CORY M. HARTUNG 05/08/92
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
DOB
Child(ren)'s Name(s): DOB
Addendum Form EN-028 Rev.5
Service Type M OMB No, 0970-0154 Worker ID $IATT
In the Court of Common Pleas of CUMBERLAND County, Pennsylva ,
DOMESTIC RELATIONS SECTION ? _tl
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 d --Z:
r?n ^-?
Defendant Name: MARTIN L. HARTUNG
Member ID Number: 6593101676
zz "Ir
Please note: All correspondence must include the Member ID Number.
ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION MNE?ITI§,
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
LINDA A. HARTUNG
PACSES Docket
Case Number Number
238111391 03-6231 CIVIL
Attachment Amount/Freauenc
TOTAL ATTACHMENT AMOUNT:
$ 1,000.00 MONTH
/
/
1,000.00
Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 230.14
per week, or 5 0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
MARTIN L. HARTUNG
Social Security Number XXX-XX- 4790
Member ID Number 6593101676 . OUCB is ordered to remit the amount attached to the Department of
Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section
of this Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total
amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673
(b)(2) and 23 Pa. C.S.A. § 4348 (g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated DECEMBER 12, 2010 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: DEL, b 4 ZU10
DRO: R. J. SHADDAY
Service Type M
EDWARD E. GU.1DO, JUDGE
Form EN-530 Rev.2
Worker ID $ IATT
J
MARTIN LEON HARTUNG, : IN THE COURT OF COMMON PLAAS,*F°r
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNS.?NI
. mco rnr T',
VS. : NO. 03-6231 CIVIL TERM zrn `?' -orn
r1o C Cc
f"Z N =T
LINDA ANN HARTUNG, :CIVIL ACTION -LAW .cc:3 -v o-n
Defendant/Respondent : IN DIVORCE a o C rr
??
PLAINTIFF'S PETITION FOR MODIFICATION OF COURT ORDERED ALIMONY
to te
AND NOW comes Plaintiff, Martin L. Hartung, by and through his counsel, Linda A.
Clotfelter, who files this Petition for Modification of Court Ordered Alimony respectfully stating
in support thereof the following:
1. Plaintiff/Petitioner Martin L. Hartung (hereinafter "Petitioner") and
Defendant/Respondent Linda A. Hartung (hereinafter "Respondent"), formerly husband and
wife, were divorced on December 22, 2009. A true and correct copy of the Decree in Divorce,
signed by the Honorable J. Wesley Oler, Jr., is attached as Exhibit A.
2. The economic issues incident to the parties' separation and divorce with the
exception of alimony were resolved in a Marital Settlement Agreement dated October 20, 2009
filed to the above-captioned docket and incorporated but not merged in to the Divorce Decree.
3. The alimony claim was heard by the Divorce Master, E. Robert Elicker, II, whose
Report dated October 29, 2009 was incorporated into the Divorce Decree thereby resulting in an
Order for alimony administered through the Domestic Relations Section.
4. The Divorce Master's Recommendation addressing alimony that is now the Order
specifically states as follows:
Husband shall pay to wife the sum of $800.00 per month to begin upon the entry of a
divorce and continuing until June 1, 2010. On June 1, 2010, husband will pay to wife
$1,000.00 per month as alimony indefinitely. The amount and duration of alimony,
however, shall be subject to modification and termination on petition of either party as
allowed under 3701(e) of the Domestic Relations Code... Request for modification
resulting from a change of circumstances of a substantial and continuing nature would
include significant changes in income, health issues, disability, and retirement, which
would serve as a general example of reasons for requesting a review.
5. 23 Pa. C.S. §3701(e) states "An order entered pursuant to this section is subject to
further order of the court upon changed circumstances of either party of a substantial and
continuing nature whereupon the order may be modified, suspended, terminated or reinstated or
a new order made."
6. At the time the alimony claim was heard, Petitioner was employed at Comcast
and was earning approximately $60,000.00 annually.
7. Petitioner's employment at Comcast has terminated and his income ceased
effective December 13, 2010.
8. Petitioner is 55 years of age, suffers from severe depression, high blood pressure
and worsening heart arrhythmia requiring treatment of a cardiologist.
9. Petitioner believes that his age and health have prevented and will continue to
prevent him from securing a comparable income.
10. Petitioner has applied for unemployment compensation benefits which are
scheduled to become effective mid-January, 2011.
11. After getting his last pay check from Comcast, there will be a short period of no
income and then Petitioner's income will be limited to unemployment compensation benefits. It
will be extremely difficult for Petitioner to support himself, especially given his necessary
medical treatments after and loss of his health insurance. Petitioner will be unable to pay
alimony to Respondent.
2
12. Petitioner has experienced changed circumstances of a substantial and continuing
nature warranting a modification of alimony in consideration of the relevant factors set forth in
23 Pa. C.S. §3701(e).
WHEREFORE, Plaintiff/Petitioner respectfully requests that this Court grant his petition
and terminate, or in the very least suspend or modify, his alimony obligation to Respondent.
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
Date: 10410 (Y: U??A. j ( j
Lire
A. of a ter, Esquire
ID No. 72963
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
Attorney for Plaintiff/Petitioner
3
MARTIN LEON HARTUNG,
Plaintiff/Petitioner
VS.
LINDA ANN HARTUNG,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6231 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
VERIFICATION
I, Martin L. Hartung, verify that the statements made in the foregoing document are true
and correct. I understand that false statements made herein are subject to the penalties of 18
Pa.C.S. § 4904 relating to unworn falsification to authorities.
Date:
artin . artung, Petitioner
4
MARTIN LEON HARTUNG
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LINDA ANN HARTUNG
NO. 03-6231
DIVORCE DECREE
AND NOW, e. L. Z- L o ol , it is ordered and decreed that
MARTIN LEON HARTUNG
By the Court,
plaintiff, and
LINDA ANN HARTUNG , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
IT IS FURTHER ORDERED the Master's Report dated October 28, 2009, and the parties'
Marital Settlement Agreement dated October 20, 2009, are incorporated herein.
notary
MARTIN LEON HARTUNG,
Plaintiff/Petitioner
VS.
LINDA ANN HARTUNG,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6231 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this & day of December, 2010, the undersigned hereby certifies that a
true and correct copy of the foregoing document was served upon the opposing party by via
facsimile and first class mail, postage prepaid, addressed as follows:
Carol Lindsay, Esquire
Saidis, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
L da A. Clotfelter, Esquire
A,ftorney ID No. 72963
021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
5
DEC 2 82U1U
MARTIN LEON HARTUNG,
Plaintiff/Petitioner
VS.
LINDA ANN HARTUNG,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6231 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
RULE
AND NOW, this day of 2011 upon consideration of
Plaintiff's Petition for Modification of Court-Ordered Alimony, a Rule to Show Cause is issued
directing Defendant/Respondent to show cause, if any, why the Petitioner's request not should
not be granted. The Rule is returnable within (__) days of service.
- OR -
At a hearing scheduled for at in Courtroom
of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013.
Distribution:
BY THE COURT: (7?
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Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 10705, for
Plaintiff/Petitioner
Carol Lindsay, Esquire, 26 West High Street, Carlisle, PA 17013, for Defendant/Respondent
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6
MARTIN LEON HARTUNG,
Plaintiff
V.
LINDA ANN HARTUNG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-6231 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR MODIFICATION
OF COURT ORDERED ALIMONY
ORDER OF COURT
AND NOW, this 1St day of March, 2011, upon consideration of the above petition,
the hearing previously scheduled for February 25, 2011, before the Honorable Edward E.
Guido, is rescheduled for Wednesday, April 6, 2011, at 9:30 a.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania, before the Honorable J. Wesley
Oler, Jr.
BY THE COURT,
1 /
J.;' esley Oler, J.
Linda A. Clotfelter, Esq.
5021 E. Trindle Road
Suite 100
Mechanicsburg, PA 17050
Attorney for Plaintiff ti
Dean Reynosa, Esq.
26 West High Streets - r
Carlisle, PA 17013
" -'
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Attorney for Defendant
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LOP 105 IA44"led 311 It
MARTIN LEON HARTUNG,
Plaintiff
V.
LINDA ANN HARTUNG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-6231 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR MODIFICATION
OF COURT ORDERED ALIMONY
ORDER OF COURT
AND NOW, this 7 h day of April, 2011, upon consideration of the Plaintiff's
Petition for Modification of Court Ordered Alimony, and following a hearing held on
April 6, 2011, the petition is granted to the extent that Defendant's monthly alimony
obligation is reduced to $750.00, effective as of Defendant's last paycheck from Comcast
in December 2010.
BY THE COURT,
d Linda A. Clotfelter, Esq.
5021 E. Trindle Road
Suite 100
Mechanicsburg, PA 17050
Attorney for Plaintiff
J Dean Reynosa, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Defendant
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
PACSES Docket
Case Number Number
238111391 03-6231 CIVIL
Financial Break Down of Multiple Cases on Attachment.G
Plaintiff Name
LINDA A. HARTUNG
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Attachment Amount/Freque`iey
750.00 MONTH
TOTAL ATTACHMENT AMOUNT: $ 750.00
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Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $172.60 per week, or 50.0%,
of the Unemployment Compensation benefits otherwise payable to the Defendant,
MARTIN L. HARTUNG Social Security Number XXX-XX-4790, Member ID Number 6593101676. OUCB
is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward
the amount received from OUCB to the Domestic Relations Section of this Court for support and/or
support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or
Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so
that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to
15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall
remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the
Application for Benefits dated DECEMBER 12, 2010 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this
Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations
Section of this Court.
Date of Order: MAY 0 5 2011
Service Type M
BY THE COURT
Ed w CU?w. o; JUDGE
Form EN-034
Worker ID $IATT
Defendant Name: MARTIN L. HARTUNG
Member ID Number: 6593101676 x.,
Please note: All correspondence must include the Member ID Number.°
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Plaintiff Name
LINDA A. HARTUNG
n
C
.,rlCD
Defendant Name: MARTIN L. HARTUNG Z
Member ID Number: 6593101676
Please note: All correspondence must include the Member ID Number ci
Financial Break Down of Multiple Cases on Attachment
PACSES Docket
Case Number Number
238111391 03-6231 CIVIL
TOTAL ATTACHMENT AMOUNT:
750.00
Now., by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 172.60 per week, or 50%, of
the Unemployment Compensation benefits otherwise payable to the Defendant, MARTIN L. HARTUNG
Social Security Number XXX-XX-4790, Member ID Number 6593101676. OUCB is ordered to remit the
amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received
from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or
Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so
that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to
15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall
remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the
Application for Benefits dated DECEMBER 25, 2011 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this
Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations
Section of this Court.
BY THE COURT
Date of Order: JAN 0 3 2012
:.* E. Guido JUDGE
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Attachment Amount/Frequency
750.00 MONTH
!
Form EN-530
Service Type M Worker ID $IATT
INCOME WITHHOLDING FOR SUPPORT 1 1 13q
Q ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) _
/
O AMENDEDIWO ?? I 0,y,) v , L
O ONE-TIMEORDERMOTICE FOR LUMP SUM PAYMENT
O TERMINATION OF IWO Date: 06/20/12
? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One)
NOTE: This aw,1 i n its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO
instructions {a?f 1 proarams/cse/newhire/em Foyer/Dublication/publication htm - forms). If you receive this document from
someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached.
Staterrriberrerritory commonwealth of Pennsylvania Remittance Identifier (include w/payment): 6593101676
City/County/Dist.rrribe CUMBERLAND Order Identifier: (See Addendum for order/docket Informalton)
Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary)
DEPARTMENT OF STATE POLICE
7700 MIDLOTHIAN TPKE
RICHMOND VA 23235-5226
Employer/Income Withholder's FEIN 546001733
Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s)
RE: HARTUNG, MARTIN L.
Employee/Obligor's Name (Last, First, Middle)
213-72-4790
Employee/Obligor's Social Security Number
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Party/Obligee's Name (Last, First,
Middle)
NOTE: This IWO must be regular on its face.
Under certain circumstances you must reject
this IWO and return it to the sender (see IWO
instructions
htW:/Iwww.acf.hhs.gov/12mgrams/cse/newhI
re/
employer/RublicatioNoublication.htm - form. If
you receive this document from someone other
than a State or Tribal CSE agency or a Court, a
copy of the underlying order must be attached.
5460017330
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County,
Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/
obligor's income until further notice.
$ 0.00 per month in current child support
$ 0.00 per month in past-due child support - Arrears 12 weeks or greater? O yes?3 O pia
$ 0.00 permonth in current cash medical support $ 0.00 per month in past-due cash medical support r-q au
$ 750.00 permonth in current spousal support
rv
$ 0.00 per month in past-due spousal support
$ 0.00 permonth in other (must specify)
for a Total Amount to Withhold of $ 750.00 per month.
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the--0rdW1nforlnation.
If your pay cycle does not match the ordered payment cycle, withhold one of the following amount:
$ I? & (ASS per weekly pay period. $ 375.00 per semimonthly pay period (twice a month)
$ 341,. I-(, per biweekly pay period (every two weeks) $ 750.00 per monthly pay period.
$ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order.
REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth
of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs n 1
working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If
you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 50//0 of
disposable income for all orders. If the employee/obligor's principal place of employment is not within the
Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements,
and any allowable employer fees at httD://www.acf.hhs.oov/proarams/cse/newhire/`emplover/contacts/contact mar).
htm for the employee/obligor's principal place of employment
Document Tracking Identifier
OMB No.: 0970-0154 Form EN-028 06/12
Service Type M Worker ID $IATT
? Return to Sender [Completed by Employer/income Withholder]. Payment must be directed to an SDU in
accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not
directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to
the sender.'
Signature of Judge/Issuing Official (if required by State or Tribal law):
Print Name of Judge/Issuing Official: . i
Title of Judge/Issuing Official:
Date of Signature: I lid 9 1, 2012
If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO
must be provided to the employee/obligor.
? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor.
ADDITIONAL INFORMATION FOR EMPLOYERSIINCOME WITHHOLDERS
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an 912M nic Mmant m, athod if an employer is ordered
to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of
two or more returned checks due to nonsufFlicieM funds. Please call the Pennsylvania State Collections and
Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 040 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 Emp1aly*&,lW1gwr's Case /dendftr) OR SOCIAL SECURITY NU MINER IN ORDER TO BE PROCESSED. DO NOT
SEND CASH BY MAIL.
State-specific contact and withholding information can be found on the Federal Employer Services website.located at:
h tp•/twww acf hhs oov_/onmma/cse/newhire/em Moyer/conU ctsiyaaW m1W.htm
Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42
§666(bK7)). If a Federal tax levy is in effect, please notify the sender.
Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from
more than one enooyeelobligor's income in a single payment. You must, however, separately identify each employee/
obligor's portion of the payment.
Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a
Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial
party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent
by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was
issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form.
Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the
amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if
applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement
the withholding and forward the support payments.
Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to
Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current
support before payment of any past-due support'. Follow the State or Tribal law/procedure of the employee/obligor's principal
place of employment to determine the appropriate allocation method.
Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this
employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to
report and/or withhold lump sum payments.
Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the
employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and
any penalties set by State or Tribal law/procedure.
Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO.
OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use.
Form EN-028 06/12
Service Type M Page 2 of 3 Worker ID $IATT
Employer's Name: DEPARTMENT OF STATE POLICE Employer FEIN: 546001733
Employee/Obligor's Name: HARTUNG, MARTIN L. 6593101676
CSE Agency Case Identifier: jSee Addendum for case summary) Order Identifier: (See Addendum for order/docket Informatlonl
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/obligor's principal place of
employment (see REMITTANCE INFORMATION). 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%a 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, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State
or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in
this section.
For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income
withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which
the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)).
Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in
determining disposable income and applying appropriate withholding limits.
Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the
Employer should calculate the CCPA limit using the lower percentage.
Additional Information :
NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you
no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by
returning this form to the address listed in the Contact Information below: 5460017330
Q This person has never worked for this employer nor received periodic income.
O This person no longer works for this employer nor receives periodic income.
Please provide the following information for the employee/obligor:
Termination date: Last known phone number:
Last known address:
Final Payment Date To SDU/Tribal Payee: Final Payment Amount:
New Employer's Name:
New Employer's Address:
CONTACT INFORMATION:
To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name)
by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us.
Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST.
P.O. BOX 320, CARLISLE PA 17013 (Issuer address).
To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name)
by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at
IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor.
Service Type M
OMB No.: 0970-0154
Page 3 of 3
Form EN-028 06/12
Worker ID $IATT
Q7T?:I1?u1
Summary of Cases on Attachment
Defendant/Obligor: HARTUNG, MARTIN L.
PACSES Case Number 238111391 PACSES Case Number
Plaintiff Name Plaintiff Name
LINDA A. HARTUNG
Docket Attachment Amoun Docket Attachment Amount
03-6231 CIVIL $ 750.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
$ 0.00
Child(ren)'s Name(s): DOB
PAC ES Case Number
Plaintiff Name
DockeS Attachment Amoun
$ 0.00
Child(ren)'s Name(s): DOB
PAQSEE.S Cans Number
Plaint' Name
$ 0.00
Child(ren)'s Name(s): DOB
PACSES.Case Number
Plaintiff Name
ocket
$ 0.00
Child(ren)'s Name(s): DOB
Addendum Form EN-028 06/12
Service Type M OMB No.; 0970-0154 Worker ID $IATT
INCOME WITHHOLDING FOR SUPPORT
O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO)
O AMENDED IWO
O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT
Q TERMINATION OF IWO
.3gJ//37/
03 CI vi
Date:
08/05/14
❑ Child Support Enforcement (CSE) Agency ® Court ❑ Attorney 0 Private Individual/Entity (Check One)
NOTE: This IWO must be regular on its face`. Under certain circumstances you must reject this IWO and return it to the sender (see IWO
instructions htto://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154 instructions.pdf). If you receive this document from someone
other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached.
State/Tribe/Territory Commonwealth of Pennsylvania
City/County/Dist./Tribe CUMBERLAND
Private Individual/Entity
Remittance Identifier (include w/payment): 6593101676
Order Identifier: (See Addendum for order/docket information)
CSE Agency Case Identifier: (See Addendum for case summary)
DEPARTMENT OF STATE POLICE
7700 MIDLOTHIAN TPKE
RICHMOND VA 23235-5226
Employer/Income Withholders FEIN 546001733
Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s)
RE: HARTUNG, MARTIN L.
Employee/Obligor's Name (Last, First, Middle)
213-72-4790
Employee/Obligor's Social Security Number
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Party/Obligee's Name (Last, First,
Middle)
NOTE: This IWO must be regular on its face.
Under certain circumstances you must reject
this IWO and return it to the sender (see IWO
instructions
http://www.acf.hhs.gov/programs/cse/forms/
OMB -0970-0154 instructions.pdf). If you
receive this document from someone other
than a State or Tribal CSE agency or a Court, a
copy of the underlying order must be attached.
5460017330
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County,
Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/
obligor's income until further notice. c--, r,�, fes,
$ 0.00 per month in current child support =TM
- ,-7„ 3 r- —t
$ 0.00 per month in past -due child support - Arrears 12 weeks or greater? 0 yegripp n
$ 0.00 per month in current cash medical supportzx, CI -�,r;
$ 0.00 per month in past -due cash medical support �r oc,4
$ 0.00 per month in current spousal support r—= • --4ca
$ 0.00 per month in past -due spousal support >.,
$ 0.00 per month in other (must specify) N (pcb P=,
for a Total Amount to Withhold of $ 0.00 per month. = 3
"< r , -
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information.
If your pay cycle does not match the ordered payment cycle, withhold one of the following amount:
$ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month)
$ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period.
$ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order.
REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth
of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If
you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of
disposable income for all orders. If the employee/obligor's principal place of employment is not within the
Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements,
and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.
htm for the employee/obligor's principal place of employment.
Document Tracking Identifier
OMB No.: 0970-0154
Service Type M
Form EN -028 11/13
Worker ID $IATT
i /
El Return to Sender [Completed by Employer/Income Withholder].Payment Pa ment must be directed to an SDU in
accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not I �`
directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to
the sender.
Signature of Judge/Issuing Official (if required by State or Tribal law):
Print Name of Judge/Issuing Official:
Title of Judge/Issuing Official: .
Date of Signature: AUG 0 6 2014
If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO
must be provided to the employee/obligor.
0 If checked, the employer/income withholder must provide a copy of this form to the employee/obligor.
ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered
to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of
two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and
Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg,Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S 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.
State -specific contact and withholding information can be found on the Federal Employer Services website located at:
http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htm
Priority: Withholding for support has priority over any other legal process under State law against the.same income (USC 42
§666(b)(7)). If a Federal tax levy is in effect, please notify the sender.
Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from
more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/
obligor's portion of the payment.
Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a
Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial
party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent
by a Court, Attorney,:or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was
issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form.
Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is -the date on which the
amount was withheld from the employee/obligor's wages. You must comply with the'
law of the State (or Tribal law if
applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement
the withholding and forward the support payments.
Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to
Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current
support before payment of any past -due support. Follow the State or Tribal law/procedure of the employee/obligor's principal
place of employment to determine the appropriate allocation method.
Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this
employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to
report and/or withhold lump sum payments.
Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the
employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and
any penalties set by State or Tribal law/procedure.
Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO.
OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use.
Form EN -028 11/13
Service Type M Page 2 of 3 Worker ID $IATT
Employer's Name: DEPARTMENT OF STATE POLICE
Employer FEIN: 546OU1733
E Name: HARTUNG, MARTIN L. 8593101878
CSEAganoyOano|denbfioc(SamAddendun,fbrcaowsuonmery) On1er|dentifiec(SweAmdemdum.fbrnrden/doc6et/nforn/ation)
Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the FederalCnnuumorCmditPnotocbon
Ac (CCPA)(15U.S.C.1873(b));or2)the amounts allowed bythe State orTribe ofthe omp|uyee/ bligor's principal place of
employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such
as: State, Federal, Iocal 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, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State
or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in
this section.
For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal
withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the Iaw of the jurisdiction in which
the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)).
Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in
determining disposable income and applying appropriate withholding limits.
Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the
Employer should calculate the CCPA limit using the lower percentage.
Additional Information:
NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUSIf this employee/obligorfor you or you are
no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by
retuming this forrn to the address listed in the Contact lnformation below: 5*60017330
[}
This person has never worked for this employer nor received periodic income.
0 This person no Ionger works for this employer nor receives periodic income.
Please provide the foliowing information for the employee/obligor:
Termination date: Last known phone numbor:
Last known address:
Final Payment Date To SDU/Tribal Payee: Final Payment Amount:
New Employer's Name:
New Employer's Address:
CONTACT INFORMATION:
To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name)
byphone at(717)24O'8225.byfax mt(717)%4O-8248.byemail orwebsite at: vmxmv.chi|duuoonrt.oteto.pauo.
Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST,
P.O. BOX 320, CARLISLE. PA. 17013 (Issuer address).
To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name)
by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state,pa.us.
IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor.
OMB No.: 0970-0154
Service Type M Page 3 of 3
Form EN -028 11/13
Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HARTUNG, MARTIN L.
PACSES Case Number 238111391
Plaintiff Name
LINDA A. HARTUNG
Docket Attachment Amount
03-6231 CIVIL $ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Service Type M
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Addendum
OMB No.: 0970-0154
Form EN -028 11/13
Worker ID $IATT
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225
Defendant Name: MARTIN L. HARTUNG
Member ID Number: 6593101676
Fax: (717) 240-6248
c'3
G
T.P
c r
i C')
Please note: All correspondence must include the Member ID Number.
ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS
Plaintiff Name
LINDA A. HARTUNG
Financial Break Down of Multiple Cases on Attachment
PACSES Docket
Case Number Number
238111391 03-6231 CIVIL
Attachment Amount/Frequency
750.00 / MONTH
TOTAL ATTACHMENT AMOUNT: $ 750.00
The prior Order of this Court directing the Department of Labor and Industry, Office of
Unemployment Compensation Benefits (OUCB), to attach $172.60 or 50% per week of
the Unemployment Compensation benefits of MARTIN L. HARTUNG, Social Security
Number XXX -XX -4790, Member ID Number 6593101676 is hereby vacated.
This Order to Vacate shall be effective upon receipt of the notice of the Order by the
Department and shall remain in effect until a further Order of the Court is filed.
Date of Order: DEC 1 1 2014
Service Type M
BY THE COURT
Form EN -035
Worker ID $IATT
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225
Defendant Name: MARTIN L. HARTUNG
Member ID Number: 6593101676
Fax: (717) 240-6248
_°rri
c c
Please note: All correspondence must include the Member ID Number. .mac)
ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENFTS
Plaintiff Name
LINDA A. HARTUNG
Financial Break Down of Multiple Cases on Attachment
PACSES Docket
Case Number Number
238111391 03-6231 CIVIL
Attachment Amount/Frequency
750.00 / MONTH
TOTAL ATTACHMENT AMOUNT: $ 750.00
The prior Order of this Court directing the Department of Labor and Industry, Office of
Unemployment Compensation Benefits (OUCB), to attach $172.60 or 50% per week of
the Unemployment Compensation benefits of MARTIN L. HARTUNG, Social Security
Number XXX -XX -4790, Member ID Number 6593101676 is hereby vacated.
This Order to Vacate shall be effective upon receipt of the notice of the Order by the
Department and shall remain in effect until a further Order of the Court is filed.
Date of Order: DEC 2 3 2014
Service Type M
BY THE COURT
arc! . E. Guido ,,JUDGE
Form EN -035
Worker ID $IATT