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Home My WebLink About04-0205 v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 01../ - ~G$ C'()'LC-r~~ KATHLEEN E. SPENCER, Plaintiff WILLIAM R. SPENCER, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, 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 ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PAl 7013 Telephone: (717) 249-3166 KATHLEEN E, SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04 - /!t?.3 e~'lL ~~ WILLIAM R. SPENCER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE I, The Plaintiff is Kathleen E. Spencer, an adult individual currently residing at Lot 95, 800 York Road, Dover, York County, Pennsylvania, 17315. 2, The Defendant is William R. Spencer, an adult individual residing at 532 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing ofthis Complaint. 4, Plaintiff and Defendant were married on December II, 1998, in Adams County, Pennsylvania, 5, There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction, 6, This action is not collusive, 7, Plaintiff and Defendant separated on or about November 1,2002, 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A, Section 3301(c) - The marriage of the parties is irretrievably broken, B, Section 330 I (d) - The marriage ofthe parties is irretrievably broken, The parties separated on or about November 1,2002, 9, Plaintiff and Defendant have no children under the age of eighteen, 10, Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling, II. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce, COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one through eleven are incorporated herein by reference, 13, During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.seq, of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties, COUNT II ALIMONY 14, Paragraphs one through thirteen are incorporated herein by reference, 15, Plaintiff lacks sufficient property to provide for her reasonable needs. 16, Plaintiff is unable to sufficiently support herself through appropriate employment. 17, Defendant has sufficient income and assets to provide continuing and indefinite support for the Plaintiff, WHEREFORE, Plaintiff requests this Honorable Court compel the Defendant to pay alimony to the Plaintiff. COUNT III ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 18, Paragraphs one through seventeen are incorporated herein by reference, 19, By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs, 20, Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action, 21. The Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation, 22, The Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees, costs and expenses, WHEREFORE, Plaintiff respectfully requests this Honorable Court compel the Defendant to pay alimony pendente lite as well as pay the Plaintiffs counsel fees, costs and expenses, Date: \}I -:) ) D ~ Respectfully submitted, THE LAW OFFI ES OF SILLIKER & HOLD ) . ?;)~A_____ ~stin . Reinhold, Esquire 5922 I;mglestown Road Harrisburg,PA 17112 (717) 671-1500 J.D. No, 57911 Attorney for Kathleen E, Spencer AFFIDA VIT I, Ii ~ken f. Sfe.n( ij , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C. S, 4909 relating to unsworn falsifications to authorities, ) Dated: -pC? ij( ~ ~1 - t} 6'...0 '- o p ""- ~ ~ . ~ ~ N 6(> vt \' D .)v " r I . ~ ~ :]:j ~ ~ r- ~ " ~ " ~,! \~ '... , .. (.'1 KATHLEEN E, SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 04-205 CIVIL TERM WILLIAM R. SPENCER, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Complaint in Divorce was served upon William R. Spencer on January 24, 2004, by Certified Mail, return receipt requested, addressed as follows: William Spencer 532 North Pitt Street Carlisle, PA 17013 I hereby certifY that the aforegoing is true and correct to the best of my knowledge, information and belief. 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: -1 /~7Io,/ -=i/gd;dy-dmi- "re Ore;,,,,,,, · Comp/oIe 11...,,-..1. 2, IIld 3. AIeo CCllTlpIeIe lIem 41f Restridilld Delivety Is desired. . PrInt your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the msllPTece. or on the front If spsce permits. 1. Article Addressed to: LV; I (ICUI\_ Spew-er 63a:L NOr'-/11 A'ff Q:l rfis:&..- IA (70/3 ent Add_ C, Oata1lf Oolillorf (- H-<><f O.lsdeliveryaddressd tfromitern1? D'Yes If YES, enter delivery address below: CJ No 3. Service Type , ~ertlfled Mail 0 Express Mail _ D Registered 0 Return Receipt for Mercha~ o Insured Mail [J .0.0. - 4, Reotricted Delivery? ibttIt Fee) 2. Article Number (T>ansfer from_k,,, lat 7001 1940 0006 2489 0647 PS Form 3811 . August 2001 Domestk: R<>lum Rec.,;pt 102595-o1-M-Q38t i ~ ~ z: N ..0 '"0 ::I: ~ W CD KATHLEEN E, SPENCER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 04-205 - CIVIL TERM WILLIAM R. SPENCER, CIVIL ACTION - LAW IN DIVORCE Defendant PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter the appearance of Andrew C, Spears, Esquire, on behalf of the Defendant, William R. Spencer, in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P,C, By c>-- Andrew C, Spears, Esquire Attorney I,D, No, 87737 P,O, Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: ') - \ \ -\.II 300383-1 CERTIFICATE OF SERVICE I, Andrew C, Spears, Esquire, of the law firm of Metzger, Wickershanl, Knauss & Erb, P,C" hereby certify that I served a true and exact copy of the within Entry of Appearance with reference to the foregoing action by first class mail, postage prepaid, this \ \\~day of March, 2004, on the following: Kristin R, Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 ( ---- I Andrew C,'Spears, Esquire Attorney LD, No, 87737 P,O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Defendant 300383-1 " -"c'rc !~~+~': : 0<: ,~ ~~: .~; (~~ ~i~~ ~_~: ~; =< () ~; ~:~.., ,..., = ~ -.:: :;.:.. ;Xi ~ :;;:l '--r'1 fnp -orn -uC( C)C:J s!~-i QC) ;;~:)rn '~:l ~ N -0 X ~ .... .t;"~ KATHLEEN E, SPENCER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 04-205 CIVIL TERM WILLIAM R, SPENCER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION TO SCHEDULE HEARING FOR ALIMONY PENUENTE LITE AND COUNSEL FEES AND NOW comes the Plaintiff, Kathleen E. Spencer, by and through her attorneys, the Law Offices of Silliker & Reinhold, by Kristin R, Reinhold, Esquire, and respectfully requests this Honorable Court schedule a hearing for alimony pendente lite and counsel fees, and in support thereof, avers the following: I, Petitioner is Kathleen E, Spencer, an adult individual currently residing at Lot 95, 800 Yark Road, Dover, York County, Pennsylvania 17315, whose date of birth is February 27,1971, and whose social security number is 198-66-4446. 2, Respondent is Willianl R, Spencer, an adult individual currently residing at 532 North Pitt Street, Carlisle, Cumberland COImty, Pennsylvania 17013, whose date of birth is November 24, 1959, and whose social security number is 203-50- 1576, 3, The parties hereto are wife and husband, having been married on December 11, 1998. 4, A Complaint in Divorce was filed on or about January 15,2004 to the above term and number, 5, Said Complaint in Divorce contained a count for alimony pendente lite, counsel fees, costs and expenses. 6, Plaintiff desires this Honorable Court sch,~dule a hearing on her request for alimony pendente lite and counsel fees. Date: ))'1<; Jt/j - I / Respectfully submitted, THE LAW OFF CES OF SILLlKER & ] L R: old, ~-- 5922 inglestown Road Harrisburg, PA 17112 (717) 671-15010 I.D. No, 57911 Attorney for Kathleen E. Spencer KATHLEEN E, SPENCER, Plaintiff v, WILLIAM R, SPENCER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 04-205 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS Name Address Date of Birth Social Security Number Home Phone Work Phone Employer Name Employer Address Job TitleIPosition Date Employment Commenced Gross Pay Net Pay Other Income Attorney's Name Attorney's Address Attorney's Phone Number Name Address Date of Birth Social Security Number Home Phone Work Phone Employer Name Employer Address Job TitleIPosition Date Employment Commenced Gross Pay PETITIONER Kathleen E. Spencer Lot 95, 800 York Road, Dover, P A 173 I 5 February 27, 1971 198-66-4446 (717) 932-3583 N/A N/A N/A N/ A - Petitioner receives Social Security Disability SSD commenced May 16, 2003 $1,017 per month Kristin R. Reinhold, Esquire 5922 Linglestown Road, Harrisburg, PA 17112 (717) 671-1500 RESPONDENT William R. Spencer 532 North Pitt Street, Carlisle, PA 17013 November 24, 1959 203-50-1576 (717) 243-5751 (717) 541-7762 Capital Blue Cross 2500 Elmerton Avenue, Harrisburg, PA 17110 Unknown Unknown $1,413 bi-weekly Net Pay Other Income Attorney's Name Attorney's Address Attorney's Phone Number $1,110 bi-weekly Unknown Andrew C, Spears, Esquire 3211 North Front Street, Harrisburg, PA 17110 238-8187 MARRIAGE INFORMATION Date of Marriage Date of Separation Address of Last Marital Home Description of Document Raising APL Claim Date APL Document Filed December II, 1998 February, 2004 142 Park Street, Bendersville, P A 17306 Divorce Complaint January 15,2004 (") c ii:: ~;t~' ~" ...-:i (;:' . ;::'F {:..r -, , :? :< S> ", \,Q ...., ..." '= ~- ~ -.: I 0', ~ ::rt hl ::n j- :9"n ",'0 (J L :C',U r'i:B E;[ri <<:~:: ~ "10 -. .""'. KATHLEEN E. SPENCER, Plaintiffi'Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE WILLIAM R. SPENCER, Defendant/Respondent NO, 2004-205 CIVIL TERM IN DIVORCE Pacses# 394106421 ORDER OF COURT AND NOW. this 19" day of May, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on June 8. 2004 at 10:30A.M. for a conference, at13 N, Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that au Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a Ime copy of your most recent Federal Income Tax Retum, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O,11<<:J (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on 5-19-04 to: BY THE COURT, George E. Hoffer. President Judge Petitioner < Respondent Kristin Reinhold, Esquire Andrew Spears, Esquire -y'l l'~ /1 J I I J.t. . N!f..;,-- /''-;1. I' " J. Shadday. Conference Officer Date of Order: Mav 19, 2004 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 _. .:~ n \hl,~\i"J!~,I.:: ~\lN :~L~ i I '.'l"rv" I 1\.1..1" ~ L'" " ; , 92 :S lAd 6 \ ~il~\ ~OOl i\bViONJ,:)I~lO:Jd 3(\1 jO o111'J~n-("\""i~ .I.~,LJ-...) .::J I.,. KATHLEEN E, SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 04-205 CIVIL TERM WILLIAM R. SPENCER, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S OBJECTION TO DEFENDANT'S MOTION FOR APPOINTMENT OF MASTER AND NOW comes the Plaintiff, Kathleen E, Spencer, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R, Reinhold, Esquire, and respectfully presents this objection to Defendant's Motion Cc)r Appointment of Master and in support thereof avers the following: I, The parties hereto are husband and wife, having been married on December II, 1998, 2, Plaintiff, Kathleen E, Spencer, tiled a Complaint in Divorce on or about January 15,2004, 3, On or about May 27,2004, Defendant tiled a Motion for Appointment of Master. Defendant sets forth in his Motion for Appointment of Master that the statutory ground for divorce is Section 3301(d) of the Divon:e Code, However, the parties physically separated in November, 2002, and therefore they have not lived separate and apart for two years as required by this section of the Divorce Code, Further, the parties continued to engage in sexual relations and carried on a marital relationship until February of2004, 4, Defendant sets forth in his Motion for Appointment of Master that discovery is complete as to the claims for which the Appointment of Master is requested. Although some financial information has been exchanged, discovery is not complete with regard to the issues of equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses, WHEREFORE, Plaintiff, Kathleen E. Spencer respectfully requests this Honorable Court deny Defendant's Motion for Appointment of Master on the basis that the parties have not lived separate and apart for two years and that discovery is not complete. Date: V l:3J 01 I / Attorney for Kathleen E, Spencer AFFIDA VIT cc./' , hereby certi~f that the aforegoing is true and correct to th best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C, S. 4909 relating to unsworn falsifications to authorities, Dated: J~ KATHLEEN E, SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, 04-205 CIVIL TERM WILLIAM R. SPENCER, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby cl~rtifies that a copy of Plaintiff's Objection to Defendant's Motion for Appointment of Master was mailed to Andrew C, Spears, Esquire, attomey for the Defendant, on June 3, 2004, by first class mail, postage prepaid, addressed as follows: Andrew C. Spears, Esquire 3211 North Front Street Harrisburg, P A 17110 I hereby certifY that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. g4904 relating to unsworn falsification to authorities. Date: r; b! 61 ~it~~ Renee Dreisbach o "'-:~ .:." ...., c.'J c;;) ,C'" L.. C":: z I .j:C' CJ " ,-, ~~ ;=~,~ l:Tl -0 r.,) U) KATHLEEN E. SPENCER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ~ v, : NO, 04-205 CIVIL TERM JUNr l004 WILLIAM R. SPENCER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COUR~[ consideration of the attached Plaintiff's Objection to Defendant's Motion for AND NOW, <h;, ~ "" of ~1Il..R , 2004, Upon Appointment of Master, IT IS HEREBY ORDERED AND DECREED that Defendant's Motion is hereby denied, BY THE COURT: '--..-" . J, :\ iJ 'r 'if -C. V,N'it\lASNI'Bd AlNnCn C:'\:~UCl8/'{m 2~ :8 Wd II Nnr ~nnz .. ""0' ;u'" "O"d ::Jill :10 AbVl 1\ HJ. 0 ..,ru. 38U:JO-03lI:l KATHLEEN E. SPENCER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-205 - CIVIL TERM WILLIAM R. SPENCER, CIVIL ACTION - LAW IN DIVORCE Defendant RESPONSE TO PLAINTIFF'S OBJECTION 1[0 DEFENDANT'S MOTION FOR APPOINTMENT OF MASTER AND NOW COMES Defendant William R. Spencer, by and through his attorneys Metzger, Wickersham, Knauss & Erb, P,C" and submits the following response to Plaintiff's Objection to Defendant's Motion for Appointment of Master. 1. Admitted. 2, Without admission no response is required as Plaintiffs Complaint speaks for itself. 3, It is admitted that on May 27, 2004 Defendant filed a Motion for Appointment of Master. It is further admitted that Defendant set forth in his Motion for Appointment of Master the statutory ground for divorce as Section 330l(d) of the Divorce Code, It is further admitted that the parties physically separated in November of 2002 and have not lived separate and apart for two years, as required by this Section, However, Defendant does have valid grounds for the Motion for Appointment of Master under Section 3301(c), as Plaintiff filed a Complaint for Divorce on January 15, 2004 alleging that the marriage was irretrievably broken, 306450- ] It is specifically denied that the parties carried on a marital relationship until February of2004, On the contrary, in her Complaint Plaintiff pleads that the parties separated on November 1, 2002. 4, Without admission, no response is required as the pleadings in this case speak for themselves, If a response is required, Defendant avers that no further discovery has been requested by either party, and he is not aware of what information is still needed by Plaintiff Further, if discovery is not complete, the Master provides a form in which Plaintiff can outline what information is required and incomplete in order to prepare the case for trial. The appointment ofthe Master does not have to be vacated to remedy this situation. WHEREFORE, Defendant William R. Spencer respectfillly requests that this Honorable Court dismiss Plaintiffs Objection to Defendant's Motion for Appointment of Master. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P,C, By \A / Andrew C":'Spears, Esquire Attorney LD. No, 87737 P.O, Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant ~-~-C)t Dated: 306450-1 VERIFICATION I, Andrew C. Spears, Esquire, attorney for Defendant, hereby certify that the facts set forth in the within Response are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa, C.S.A. ~4904 relating to unsworn falsification to authorities, l _- Andrew C.-spears Date: (}. - ~ - ct1 306450-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P,c., hereby certify that I served a true and exact copy of the within Entry of Appearance with reference to the foregoing action by first class mail, postage prepaid, this ~\~ day of June, 2004, on the following: Kristin R, Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 ~-- Andrew C. Spears, Esquire Attorney LD, No, 87737 P.O, Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant 306450-1 KATHLEEN E. SPENCER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE WILLIAM R. SPENCER, Defendant/Respondent NO. 2004-205 CIVIL TERM IN DIVORCE Pacses# 394106421 ORDER OF COURT AND NOW, this 17th day of June, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $980.30 and Respondent's monthly net income/earning capacity is $2,450,09, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $450,00 per month payable monthly as follows; $400,00 for alimony pendente lite and $50,00 on arrears, First payment due within five days upon receipt of this order in the 3ll1ount of $400,00, Arrears set at $800,00 as of June 17,2004, The effective date of the Order is May 6, 2004, Respondent is to make a direct payment of $400,00 to Petitioner within five days upon receipt of this Order. Thereafter, an additional sum of $50,00 per month shall be p,aid on the retroactive arrears. Failure to make the direct payment of$400,OO to Petitioner will result in a total additional sum of $150,00 per month being added for payment on the retroactive arrears. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa,C,S.g 3703, Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Kathleen E, Spencer Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P,O, Box 69110 Harrisburg, P A 17106-9110 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250,00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250,00 annually in unreimbursed medical expenses, Respondent to provide medical insurance coverage, Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: I) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms, This Order shall become final ten days after the mailing of the notice: of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court, DRO: R J. Shadday Mailed copies on 6-18-04 to: < Petitioner Respondent Kristin Reinhold, Esquire Andrew Spears, Esquire BY THE COURT, Edward E. Guido 1. (") ,..., 0 = C~. ":::;;1 -n .; "' c_ .-l or" :r:..,., ,- ~; rnr -Om 1" '['Y ;;)(") .-1 ~ , ~...,) ;:53:J C'; ;(~ 'H\ <f? :_.l " ~ :.::\ ,!:", ~~ ~- en ::'!. ~.~ !'''~ e ':::1 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/17/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice CAPITAL BLUE CROSS C/O PAYROLL UNIT 3211 2500 ELMERTON AVE HARRISBURG PA 17177-9764 b)/. dtytY -c205 {/rt'/jL /JttJ;"[c;. <39'1/0(;. Yd-/ RE: SPENCER, WII.LIAM R, Employee/Obligor's Name {Last, First, Mil 203-50-1576 Employee/Obligor's Social Security Number 0384101333 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last First, MI) Employer/Withholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania, By law, you are required to deduct these amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not issued by your State, $ 400,00 per month in current support $ 50,00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0,00 per month in medical support $ 0 , 00 per month for genetic test costs $ per month in other (specify) for a total of $ 450.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order, If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 103 , 85 per weekly pay period, $ 207.69 per biweekly pay period (every two weeks), $ 225.00 per semimonthly pay period (twice a month), $ 450,00 per monthly pay period, REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice, Send payment within seven (7) working days of the paydate/dalte of withholding, You are entitled to deduct a fee to defray the cost of withholding, Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed S5% of the employee'sf obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2), If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions, Make Remittance Payable to: PA SeDU Send check to: Pennsylvania SeDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME ANO 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. ~YTHE (p -I _{JI Dateoforder:~ (, })rc/9R' .8 ~J~ Form E N-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OHlER WITHHOLDERS o I(~hecked you are required, to provi(Je a Copy of this form to your. employee. If your employe~fworks in.a state hthat is different from the state that Issued this order, a copy must be provided to your employee even I the box IS not c ecked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian.-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2, 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. 3. 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 em ployee/ob I igor. 4. * Repolt;lIg ll.e PaydatelDate of W;ll.lioldh.g. You IlIu.3t lepOlt tile paydalc/date (}f nitl.l,oldihg VVI.CII sel,dihg tile P8YIII{.IIt. The paydate/date of H;ll.l.olding is tIle dale 0.. Hhicll alllouht Has H;t1llleld flOll1 tile elllploy{.o,;;l's nages. You must comply with the law of the state of the employee's1obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments, 5. * 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 #1 0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the €,mployee/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. WITHHOLDER'S ID: 2304551540 EMPLOYEE'S/OBlIGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: SPENCER, WILLIAM R, 0384101333 DATE OF SEPARATION: 7, Lump Sum Payments: Vou 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. B. 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. 9. 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. 10, * Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 5 U,S.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 1 1. Additinnallufo: *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, Submitted By: DOMESTIC RELATIONS SECTION 13 N, HANOVER ST P,O, BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at Q17) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.5tate.pa.us Service Type M Page 2 of 2 Form EN-02B Worker ID $IATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SPENCER, WILLIAM R. PACSES Case Number 394106421 Plaintiff Name KATHLEEN E. SPENCER Docket Attachment Amount 04-205 CIVIL $ 450,00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Service Type M Addendum Form E N-028 Worker ID $IATT OMS No.: 0970-0154 '_ -::t ('~ !"1 e ,--,! (") c ~', ~:-1 -< ,...., c> c::> .L- L. S:: -~ o -n ..... ::J:-n rnp ~f!1 '0'11 (::>Q :~~J t._. () :.:::"r-n .-)' ~-:- \ '0> ~:o :....-~ N -;) :\,,: <:? r c-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY J, AUKER, Plaintiff, v. ANTHONY COLESTOCK, Defendant. TO: PLAINTIFF You are hereby notified to file a written response to the enclosed Answer and New Matter to Amended Complaint within twenty (20) days from service hereof or a judgment may e entered against you. No, 04-407 Civil Term Civil Action - Law ANSWER AND NEW MATTER TO AMENDED COMPLAINT (Jury Trial Demanded) Filed on Behalf of Defendant, Anthony Colestock Counsel of Record for this Party: Jeffrey C. Catanzarite, Esquire Pa. I.D. #72765 SUMMERS, MCDONNI:LL. WALSH & SKEEL. L.L.P. Firm #911 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 , McDONNELL, WALSH & SKEEL IN THE COURT OF COMMON PLEAS OF CUMBERLA,ND COUNTY, PENNSYLVANIA BETTY J. AUKER, No. 04-407 Plaintiff, Civil Action - Law v, ANTHONY COLESTOCK, Defendant. ANSWER AND NEW MATTER TO AMENDED COMPLAINT Defendant, Anthony Colestock, by and through his attorneys, Summers, McDonnell, Walsh & Skeel, L.L.P., and Jeffrey C, Catanzarite, Esquire, files the following pleading: I. ANSWER 1. Admitted. 2, Denied. To the contrary, the Defendant msides at 1609 Susquehanna Street, Harrisburg, PA 17102. 3. Admitted. 4, Admitted, 5, Admitted. 6, Denied. To the contrary, the right front of the Defendant's vehicle impacted with the right rear fender of the Plaintiff's vehicle on the date, time and place in question. 7, The allegations of Paragraph 7 and its subparts are conclusions of law to which no response is required. To the extent that a n~sponse is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 8. The allegations of Paragraph 8 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure, WHEREFORE, Defendant, Anthony Colestock, demands judgment in his favor and against Plaintiff. II. NEW MATTER 9, Paragraphs 1 through 8 are herein incorpol'ated by reference, 10. Defendant claims the benefit of the applicable provisions of the Pennsylvania Comparative Negligence Act as set forth in 42 Pa,C.S.A, ~ 7102, et seq" and pleads the same as an affirmative defense against any and all claims of the Plaintiff. 11 . Defendant was confronted with a sudden emergency not of his own making and is therefore not responsible for the subject accident and any resulting damages, 12, The Plaintiff's claims are barred by the applicable statute of limitations. WHEREFORE, Defendant, Anthony Colestock, demands judgment in his favor and against Plaintiff, JURY TRIAL DEMANDED RespectfUlly submitted, SUMMERS, McDONNELl., WALSH & SKEEL, L.L.P. By: y C. Catanzarite, Esquire rney for Defendant Anthony Colestock VERIFICATION Defendant verifies that he/she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER TO AMENDED COMPLAINT is based upon information which he/she has furnished to his/her counsel and information which has been gathered by his/her Counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER TO AMENDED COMPLAINT and to the extent that the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is based upon information which he/she has given to his/her counsel, it is true and correct to th'9 best of his/her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER TO AMENDED COMPLAINT is that of counsel, he/she has relied Upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa,C.S. ~4904, relating to unsworn falsification to authorities. Date:~iT~O~ 'c..4-..> Anthony Col tock, Defllndant #12403 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter to Amended Complaint has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 1!ll1day of JUNE ,2004: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 SUMMERS, McDONNELL, WALSH & SKEEL, L.L.P, By: e r y . Catanzarite" Esquire mey for Defendant Anthony Colestock (") ....., c:: ~;;:> (") c::-:;, < - -n ;::::: --I I-n ""~:... n'~-,! r- N ..,., rn i:3'i' -_-Ie) \, -0 --'-.,; (~ :1; ~)E1 ,_'C L. <.:.' ()f"fl ~ ::::-t 0 ~)J (.,,) -< ~ KATHLEEN E, SPENCER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, NO, 04-205 - CIVIL TERM JU~8 2004 WILLIAM R. SPENCER, CIVIL ACTION - LAW IN DIVORCE Defendant ~ ORDER AND NOW THIS ~ day Of~' 2004, upon consideration of Defendant's Response to Plaintiffs Objection to Defendant's Motion for Appointment of Master, IT IS HEREBY ORDERED AND DECREED that Plaintiffs Objection is hereby dismissed, BY THE COURT ~, 306450-1 " . ri, ~t lr 'f\r ~~ , 62 : /1 IJV 8 Z i':nr 'IDOl AbV,LCI\'OI'-'IiOtJd 3Hl :10 j8ij.:s'O-O.:JlI::J AUG-1T-Z004 09:1TMA fRO~IRW\M l tAclU\\GH1 LAM OffiCES +7111496354 1-449 p,ooz/004 f-105 ........ .., ~. -..- _ I 1? ,,_ _.s~n~'~ .\j\~ - - ,.~ __ ..., ;;.1"- jIJ ~'.+f S{~<d ~ p~ ......-.,._ _ ~o, so ,S'-': ^"' ll,O:B,'- ~_"",,.....,..;f- ~~!J I .............. __ -<. ~ I II! ~ 7'1 ~ (' - _ (.PtIDt}i8lllll QfF\SlI1 N ~ ~~L _ LO j;...,P=' ..~~Sy - - Cf~~ A"'- _l5"""l" ~_'" ..... -'" N...... __ot__..........,~s..Il!! -- -- 17013 .-., -- _.- _..- -..-- - ..... CP~- ......._.. ~ or""""'-'" _of....- s "00.00 ~T...........~ s_ '100 00 / ~.Jl!'''' ' "'" __"'''' """,,,,,,, ..tboll..--'- 0fIl<0 of """"""'" """",. .....,........ ('i\ "" b LC ... 0," 41 0 13 3 3 ___-"""- _ ~ocs.s "..1"4 I O",a I ......' 3't:.;:!l~ - - P;:'~ i lNl'IlAL llEQ\fES1' }laS no p.ccotd in. pomestic. p.c1aEio1l.5 as of. - ~ _..- -- -- .-- _..- - pn-1G-DO~ REQt1'J,ST As Of: ~ _..- - CP'-) - SU\1P01'l AJtC8XS: $- -,- (paW) ~~ - signe4: :.... ... Lion ~~ AvaJIab\e UponlWl""""" CC72i. c ',. (") c "'" ;y:rr ~,." j &~ :~~~. ;=$;k:~ r~ '~.~ , c' ;;:;0 'f;; ~ V""r', ~"~ ,'" .t:- "" ~ ..,.. "". !B w Sii 'i! 111::!J ::B& g,Q (s:iJ :;2:(") Om --, e>' ~ -0 ::!r ~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/31/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice Employert\Vithholder's Federal EIN Number RE: SPENCER, WILLIAM R. Employee/Obligor's Name (Last, First, Mil CAPITAL BLUE CROSS C/O PAYROLL UNIT 3211 2500 ELMERTON AVE HARRISBURG PA 17177-9764 )/;I, /J~S cJ.f1$CIOt- ~I 203-50-1576 Employee/Obligor's Social Security Number 0384101333 Employee/Obligor's Case Identifjer (See Addendum for plaintiff names dL;otj -;}05 elllJ t.. associated with cases on attachmenV 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, $ 400,00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (X) no $ 0" 00 per month in medical support $ 0 , 0 0 per month for genetic test costs $ per month in other (specify) for a total of $ 400.00 per month to be forwarded to payee below" You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 92,31 per weekly pay period, $ 184,62 per biweekly pay period (every two weeks). $ 200.00 per semimonthly pay period (twice a month), $ 400,00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding, Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See #10 on pg, 2), If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions, Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: SEP - 1 200, Service Type M OMB No.: 0970-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OlrHER WITHHOLDERS D If ~hecked you are required to provide a copy of this form to your employee, If your employee works in a state that is different from the state that issued this order, a copy must be provided to YOLlr employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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, 3. 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, 4. * RepOlti"g t1,e PaydatelDate of Witl,l,oldil1g, You mo.t lepolttl,e paydateldate of "itl,I,0Idil1g "hel, .endil ,g tl ,e payl"el ,I. TI,e paydateldate of nitl.l.oldihg is tile date 011 nLid. Dlllvunt Has nitLLeld flOln tLe elnploy~,e/5 vvages. You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments, 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/I~otice 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'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when th" 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, WITHHOLDER'S ID: 2304551540 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: SPENCER. WILLIAM R, 0384101333 DATE OF SEPARATION: 7. 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. 8, Liability: If you fall 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. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor frorn employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State Jaw governs unless the obligor is employed in another State, in which case the law of the Stat,e in which he or she is employed governs. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s,c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11, 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, Submitted By: DOMESTIC RELATIONS SECTION 13 N, HANOVER ST P.O, BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at lZ1.Zl.240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form E N-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SPENCER, WILLIAM R, PACSES Case Number 394106421 Plaintiff Name KATHLEEN E, SPENCER Docket Attachment Amount 04=205CIVIL $ 400,00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Nam,: Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available e",ployee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case I,umber Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0,00 Child(ren)'s ~~ame(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Service Type M Addendum Form E N-028 Worker 10 $IATT OMS No.: 0970-0154 8 ;;c;... _.:to. ~..,;rJ} ?-,L;; -,,;-.- Vi'" ._r. ~t. ~;~~ 22" ::;! :::.:'.'c a Ci ne cj '- ...., = = .,,- en f"T'1 -u I N " :x S-:' .r:- ('" ~ T_ nl~.!.J r- ". ' CD ~P~) ~~ (~) .,.......,. ~~~~ ~m ::j ~ :..::;~ KATHLEEN E. SPENCER, IN THE COURT OF COMMON PLEAS 'CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 04-205 - CIVIL TERM WILLIAM R. SPENCER, CIVIL ACTION - LAW IN DIVORCE Defendant PETITION TO TERMINATE ALIMONY PENDENTE LITE AND COUNSEL FEES AND NOW COMES the Defendant William R. Spencer by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.e., and respectfully requests that this Honorable Court schedule a hearing for the termination of Alimony Pendente Lite and Counsel Fees and in support thereof avers the following: 1. Petitioner is an adult individual currently residing at 1440 Mountain Road, Newburg, Cumberland County, Pennsylvania, 17240. 2. Respondent is Plaintiff, Kathleen E. Spencer, an adult individual currently residing at Lot 95,800 York Road, Dover, York County, Pennsylvania, 17315. 3. On June 17,2004 this Honorable Court entered an Order directing Defendant to pay to Plaintiff the amount of $450.00 per month, payable as $400.00 for alimony pendente lite and $50.00 on arrears. 4. On February 15,2004 Plaintiff filed a Complaint for Divorce under ~3301(c) of the Divorce Code alleging that the marriage was irretrievably broken. 313615-1 5. On May 27,2004 Defendant filed a Motion for Appointment of Master. 6. On or about June 4, 2004 Plaintiff filed an Obje:etion to Defendant's Motion for Appointment of Master. 7. Since the filing of the Divorce, Plaintiff has refilsed to sign an Affidavit of Consent to proceed to a Divorce Master's hearing to determine: the equitable distribution ofthe parties' joint assets. 8. Therefore, since it was the Plaintiff who instigated the Complaint in Divorce under ~3301(c) and who is now refusing to sign an Affidavit of Consent to proceed to a Divorce Master's Hearing, under Pennsylvania law Plaintiff should not be allowed to keep the divorce action dragging on so she can continue to collect alimony pendente lite. WHEREFORE, Defendant William R. Spencer respectfully requests this Honorable Court to enter an Order terminating Plaintiff s Alimony Pendente Lite and counsel fees. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By CJ. .1(_)--- Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Defi~ndant Dated: \ \_\~ _,)L.) 313615-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, ofthe law firm of Metzgi;lr, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the within Petition to Terminate Alimony Pendente Lite and Counsel Fees with reference to the foregoing action by first class mail, postage prepaid, this ~~y of November, 2004, on the following: Kristin R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PAl 7112 U~ Andrew C. Spears, Esquire 313615-1 () ~~ ~~. n ~:; ~. ,~~) ~~',!-F (i:, >.~ ~i','~, :l~ . -"...(-) ::!'".C, .:s; c:-: <: =< en (..) .. ,....., ~ ~ ~ C::> ~ "> N o -II "-1 ;]::: ""i' ,q -_1 :::Pr.;:;&1 _0,] OJ. ,."U :,J.! -I', () :JJ .~:"'C) ",<, 1"11 '~j ;7;;! .n "'.<: "1) .:l: ~ KATHLEEN E, SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION - DIVORCE WILLIAM R. SPENCER Defendant NO. 2004-205 CIVIL TERM IN DIVORCE PACSES 394106421 ORDER OF COURT AND NOW, this 24th day of November, 2004, a petition has been filed against you, KatWeen Spencer, to terminate an existing Alimony Pendente Lite Order, You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on Januarv 11. 2005 at 10:30 A.M.. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Copies mailed 11-2'f-04 to:< Petitioner Respondent Kristin Reinhold, Esquire Andrew Spears, Esquire .'f:! 1- /JI~A~- , ~ladday, Conference Officer ' YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOu. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Date of Order: November 24. 2004 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 0 r-) 0 = c: = 11 ~ .r::- % --1 c)[C :r:-n rnr, ; 0 ::~, :'J ~.I ....;:: Cripe ::.:: ~ c...) ;ql1'1 <!,J. ,". 0 (~9 t~; :_-10 -0 :-1; :r-\ :r.. 'j,.} ("5 (w CSrn c: ::-~ ~ (,n ~;"J ....J -< .- ~ "! ~.~ \~:::: ~::.~ KATHLEEN E. SPENCER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-205 CIVIL TERM WILLIAM R. SPENCER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S RESPONSE TO DE:FENDANT'S PETITION TO TERMINATE )~LIMONY PENDENTE LITE AND COUNSEL FEES AND NOW comes the Plaintiff, Kathleen E. Spencer, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents her answer to Defendant's Petition to T,enninate Alimony Pendente Lite and Counsel Fees as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that the Plaintiff filed a Complaint for Divorce on or about February 15,2004. To the contrary, Plaintiff filed a Complaint in Divorce on or about January 15, 2004. WHEREFORE, Plaintiff, Kathleen E. Spencer, respectfully request this Honorable Court dismiss Defendant's Petition to Terminate Alimony Pendente Lite and Respectfully submitted, Date: THE LAW OFFIC S OF SILLIKER &~~ ~ ~ - n:------. ~tin ' . Reinhol , Esquitf 5922 L' glestown Road Harris urg, PA 17112 (717) 671-1500 J.D. No. 57911 Attorney for Kathleen E. Spencer ~ AFFIDA VIT I, J0:f:hJ~.. e -~cer;herebY certify that the aforegoing is true and correct to the best of my knowledge, information and bdief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: II fd1!D'f ... C) ......., ("". r.-:::~ 0 C'"....;...::;) --t:..... -n .[' 0 --I r :'f -;"~ i,-) r f 1 - '.. I ! ~1, , 1 <....) " ~::) ,. ." , ,~, ~.. ~";) I ...:.".. "--1 '-'J J-~ "'''<. :;J \.0 -< In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHLEEN E, SPENCER ) Docket Number 04-205 CIVIL Plaintiff ) VS, ) PACSES Case Number 394106421 WILLIAM R, SPENCER ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 11TH DAY OF JANUARY, 2005 IT IS HEREBY ORDERED that the 0 Complaint for Support or ~ Petition to Modify or 0 Other filed on NOVEMBER 22, 2004 in the above captioned matter is dismissed without prejudice due to: THE PETITIONER WITHDRAWING HIS PETITION FOR TERMINATION OF THE ALIMONY PENDENTE LITE, o , !he Complaint or Petition may be reinstated upon written application of the plaintiff pehtlOner, DRO: RJ Shad day xc: plaintiff defendant Kristin Reinhold, Esquire Andrew Spears, Esquire Service Type M ~.,~:,i~l:cr ~:t~L:r ,'~/ 1~/f--Or Edgar Form OE-506 Worker ID 21005 >' r.::~; .,,-, c.:;, -"h <;;1-\ ,- -' ;;.. :,;:::: ,,-, r;? (..) 0" - . F \FILES\DATAFIl-E\General\Current\l 1371 25divpra Created 9/20/04006PM Revised: 2/25/05 2,\2PM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD, 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant KATHLEEN E, SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 04-205 CIVIL ACTION - LAW WILLIAM R, SPENCER, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Metzger Wickersham Knauss & Erb on behalf of Defendant in the above matter. METZGER WICKERSHAM KNAUSS & ERB By: G-ee ~ , Andrew C. Spears, Esquire LD,No, 3211 North Front Street P,O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTS ON DEARDORFF WILLIAMS & OTTO )~~c; OS' Date: 1/ By J enhife . . Spears, Esquire LD, No, 87445 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant . CERTIFICATE OF SERVICE I, Tricia D, Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Kristin R. Reinhold, Esquire SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 MARTS ON DEARDORFF WILLIAMS & OTTO dtlc/Qafdf!Lf~1 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated:/f)adt), ,J,oO( ,,~ , ,:j-, ...1, :.~.:;. c.~ I',,) U) -YI .~~ r:l ."r: " F~~~ KATHLEEN E, SPENCER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-205 CIVIL TERM WILLIAM R. SPENCER Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, x prior to the entry of a Final Decree in Divorce or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Kathleen Niederreither, and gives this wriH~ ""ti~ "r''''' hcr ""~ti'" Po"," W th, p,",j,~ ~ 54 P.3. 104. ~ ' j l _ .,- ------ 1....-,. h ,,/ .' Date: ~ 1/ _- . .AJW I ; / th e COMMONWEALTH OF PENNSYL V ANI: { COUNTY OF DAUPHIN On the ..LL!!:. day of personally appeared the above affian known to me to be the person whose name is ,2005, before me, a notary public, subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained, In Witness Whereof, I have hereu~and and/fficia: ~ j if rt!JrJS --~ -- Notary Public NOTAlUALBBAL __ D......... K..,...... r-1'uIDIl Twp., ~ c.m, My c.,.....d... Esp!.- NlIY, 30, 200ll '" <-_.~) '7';:) /.~ ~- =, 'i":",, .,.~~ ~ '- <':"- ~ ...z v.' <::>Q ~ ""."l <() 0. 1"" r::' 4-, ~) ': ...... _"'\ ._4' '",.".~ It t\)t ""Jt;,,~, .. ,., . "-l \,.:!,H'"' ~. :,; ",< ""'''-j/.,. .,~ ~ '\'~'''~'''',''l -#' ;,t)rl ',," .', t.~ tS_',r/J t'J':" ~~","c;-. 'l ..",.. ~ "-, i,"\ ,~ ""-- KATHLEEN E, SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-205 WILLIAM R. SPENCER, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 15, 2004, 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3, I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, S 4904, relating to unsworn falsifications to authorities. ,I ~'; ~ Date: /lkvttl <4/1 ,A1.2 \" (j ....., = 0 C'" c,~ -n <.n -- ::;:j ",,;C_ c') ri,::t:l -:.. -oS; , -JX <:..:> 'i:~~ ....0 :..o,--n ~- ( l~_ - ')::'C) '.f? l5m ~ G..' "Jj UJ :< KATHLEEN E. SPENCER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No, 04-205 WILLIAM R. SPENCER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree in Divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy ofthe 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, Section 4904 relating to unsworn falsification to authorities. i Date:!JrrjiJJLt~1 /, ,~;<J7 S- f 4 irb.ffi //-c,etMIA William R, Spencer (~ s,,; ~ .-~ (Sf" - o ....,;; , <.,.) Ql -' ::c"" p'r=-- -...1(1.... -J!,"? ~~~~.~~ ~-;(c:'; BPI -, df; ',;<:: -::i "..... -;.,. <-:.? 0-' 1..0 , F 1"]1.1;.,~.I)AT'\':II,,,,.(jcm'LiI.Cul',nl 1],\-.'1 :lh,,1 (',.,O:lIC<l H,,"") -l'i'f'!\l Itc,-j,cd .1,:"Jil.\"H5,\'\\1 Jennifer L Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO ID. 87445 10 East High Street Carlisle, PA l70l3 (717) 243-3341 Attorneys for Defendant KATHLEEN E, SPENCER, Plaintiff '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 04-205 CIVIL ACTION - LAW WILLIAM R, SPENCER, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this of r; c\I)lf(/k Dauphin County, Pennsylvania (hereinafter referred to as "Husband") and KATHLEEN E. Is.!-- , day , 2005, by and between WILLIAM R. SPENCER of Hummelstown, SPENCER of Dover, York County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on December II, 1998, in Pennsylvania; WHEREAS, no children have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. , NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority. and contact by the other, as fully as though he or she were single and unmanied, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on January 15, 2004, claiming that the maniage is inetrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the maniage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code, The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property ofthe parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state. country or jurisdiction, each of the parties herehy consents and ab'Tees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall rem any It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties, No sooner than November 1,2005, but no later than November 5, 2005, both parties shall sign Affidavits of Consent and Waivers of Notice in order forthe divorce to be finalized, 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties, 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the ';date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall bc defined as the date of execution ofthis Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement 7, MUTUAL RELEASE: Husband and Wife cachdo hereby mutllallyremise. release. quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estatc of such other, of whatever naturc and wheresoever situated, which hc or she now has or at any timc hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, cngagements or liabilities of such other or by way of dowcr or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyancc by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising undcr thc laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which eithcr party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property. costs or expenses, whether arising as a result of the marital relations or otherwise, exccpt, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for thc breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution ofthis Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreemcnt shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for cquitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agrecment and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L Spears, Esquire, counscl for Husband, and Kristin R, Reinhold, Esquire, counsel for Wife, The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9, WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable, Each party shall indemnify and hold harmless the other party from and against any and all debts. charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PRO PERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other. and which shall become the sole and separate property oftbe other from the date of execution hereof , 12. DIVISION OF REAL PROPERTY: There is no jointly owned real estate, 13. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value ofthe other's life insurance policies, 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles, Specifically, the parties agree that Wife shall be entitled to possession and ownership of the Honda Accent which is currently titled in Husband's name. The parties agree that Husband will sign the title to the Honda Accent transferring ownership to Wife within ten (10) days of the date of the execution of this Marital Settlement Agreement. 15. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed. tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. I6. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2005, Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either ofthem, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or 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 ofthe misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 17. APPLICABILITY OF T AX LAW TO PROPERTY_TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agrecment shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), speci fically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses, The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. IS. ALIMONY PENDENT LITE: Alimony Pendent Lite shall continue until the entry ofa Decree in Divorce. 19. PENSIONS; RETIREMENT; INVESTMENT ACCOUNTS: Wife will retain her 401k, in and to which Husband will waive any and all rights. Husband will retain his 401k, in and to which Wife will waive any and all right. 20. CASH PAYMENT: Upon the date of divorce, Husband will pay Wife the sum of $5,000.00 as equitable distribution in full consideration for the terms herein, 21. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any elaims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 22. HEALTH INSURANCE: As of the date of divorce, each party is responsible for their own health insurance and uninsured medical expenses. 23. EFFECT OF DIVORCE DECREE: The parties agree that. except as otherwise spccifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 24, BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance. right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each ofthe parties shall from time to time, at the request ofthe other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29, VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agrccd by and between the parties hercto that each paragraph hereof shall be deemed to be separate and independent Agreement. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure ofthe other as an inducement to the execution of this Agreement. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions ofthis Agreement shall be effective only ifmade in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions ofthis Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only, They shall have no affect whatsoever in determining the rights or obligations of the parties, 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF. the parties hereto have set their hands and seals the date and year first above written. ~. (SEAL) ~Y't Q~ SS c~;z:;~)u& WIWESS ~. (SEAL) ~ COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ On this, ~ day of J\)otJe1l1 bel" , 2005, before me a Notary Public, personally appeared WILLIAM R. SPENCER, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. : SS IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALfH 01' PENNSYLVANIA Nolarial Seal Mary M. Price. Notary PubHc C8rIiste Bora. Cumbe~and County My Commission Elq)iresAug, 18.2007 Member, Penns~ ~ of Natlriel ~~o~ COMMONWEALTH OF PENNSYLVANIA ^t :SS COUNTY OF Y f I1L ' On this, thdC~ day of oc1vhL. ,2005, before mc, a Notary Public, personally appeared KATHLEEN E. SPENCER, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand ad official seal. e-;Y-.L) !GA-k!, t4----... \., u { Notary Public COMMONWEALTH OF PENNSYLVANIA Notaridl Seal Diane L. Knappent)erger, Notary Public York Twp_, York County My Commi::,sion Expires Oct. 6, 2007 ~ P':""~ \ \ '0 ,_ ..'~ >', .."V<~.' ~...... '.I! n r--: <-> c":'::) C' .~) en .'_~1 ........, C) -< 1 W ,':) -n ,-4 :1: -n fi1p -Om :~6 -or, )::::n C' .-~rn __J ----I ~{j -< '""'r) :=:;:: (f? c.) "" KATHLEEN E, SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No, 04-205 WILLIAM R, SPENCER, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on January 15, 2004. 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3, I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, S 4904, relating to unsworn falsifications to authorities, Date: ~ [!c:: f',,) ~-, 0 .~-, v .'l-{ -~ C' C) \f; KATHLEEN E. SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No, 04-205 WILLIAM R. SPENCER, Defendant CIVIL ACTION - LA W IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree in Divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this Affidavit are true and correc!. 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, D",J/rNI5 n 2~. ,-' c.::?, .~::/I ~ ,-) ':::f) -- o "",-::' .. KATHLEEN E. SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 04 - 205 CIVIL WILLIAM R. SPENCER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of J; t'"'V-t Ki.uJ , " 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 1, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: u{istin R. Reinhold ~~torney for Plaintiff Ge~J ~ennifer L. Spears Attorney for Defendant ~ ' ~ )y , ~(p \'\" '~ 07 ~< '.I .! "i' Hd S! 1\m-'1 SODZ 3H1 =0 32\:\ .!D-O:r\H KATHLEEN E SPENCER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. NO, 04-205 WILLIAM R. SPENCER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I, Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) () 3301 (d) of the Divorce Code, (Check applicable section.) 2, Date and manner of service of the Complaint: January 24, 2004, by Certified Mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: November 2, 2005 by Plaintiff, November 1,2005 by Defendant. (b) (I) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4, Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: November 10,2005. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: November 3, 2005. 6. Social Security Numbers: (a) Plaintiff: 198-66-4446 (b) Defendant: 203-50-1576 ) / JI' >) I ",,'/; / , .- ' .>< i.. >,-..------. f\ttornr for Plai tiff / / '\ / ..-.::l .~;; -- --., -- .- 1'-.) S'?\ ....1 _.~ ~~~~~~~~~~~~~~+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + + + . + + + + + + + + . + . + + + + . + . . . + + . + + + + + + + + + + + + + + + + + + + . + + + + + . + + + + + + + +. :+. :+. '+' :+. :+. '+ Of. :+. + ~ + + + + + + + . + . + . . + . + + + + + + + + . + . + + . + . + + + . + . . . . + . + . . + . + + + . + . . . + . + . . + . + . . . . + + . . + . + . . + . + in Divorce: . . + + + . + + . . + . + + + . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF ltATHLEEN E. SPENCER, No. 04-205 Plaintiff VERSUS WILLIAM R. SlPENCER, Defendant DECREE IN DIVORCE AND NOW,~ i:..J -- ~ , ]T ]S ORDERED AND !l{athleen E. Spencer , PLAINTIFF, DECREED THAT William R. Spencer , DEFENDANT, AND ARE D]VORCED FROM THE BONDS OF MATR]MONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RA]SED OF REC.<{~D ]N THIS ACT]ON YET BEEN ENTERED; lVO"'-l.. FOR WHICH A F]NAL ORDER HAS NOT The Marriage Settlement Agreement between the be incorporated, but shall not merge ATTEST: PROTHONOTARY + - . +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ J. ~s::" fp;l .ff/.. ~">1/ ~,;l,!( r~ lr 1- ,r: ~l P?(? .. .." ,. ~ . 51l ["t: J I 0.)(7 - Ce'- / l In the Court of Conunon Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHLEEN E. SPENCER ) Docket Number 04-205 CIVIL Plaintiff ) vs. ) PACSES Case Number 394106421 WILLIAM R. SPENCER ) Defendant ) Other State 1D Number ORDER AND NOW, to wit, on this 19TH DAY OF DECEMBER, 2005 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or <i) Terminated without prejudice or 0 Terminated and Vacated, effective NOVEMBER 23, 2005 , due to: THE PARTIES' DECREE IN DIVORCE ON NOVEMBER 23, 2005. THE ACCOUNT IS CLOSED WITH A CREDIT OF $265.79. BY~T' . · ~\~JUDGE Service Type M Form OE-504 Worker ID 21005 0 ,....:> ~ cp G = ~~ . 0 ~-r\ r-~'! (, C.-1 n t"'r: '\'1n ,,) ~';)9 0 ',)0 -t~-'-' -;,7 ,-,-,,-fl, - 'c:;?'(5 ~ ~ (5fn -\ '-" ~ - . .... ORDERfNOTICf TO WITHHOLD INCOME FOR SUPPORT :t State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/16/05 Case Number (See Addendum for case summary) 394106421 04-205 CIVIL o Original Order/Notice o Amended Order/Notice (8) Terminate Order/Notice CAPITAL BLUE CROSS C/O PAYROLL UNIT 3211 2500 ELMERTON AVE HARRISBURG PA 17177-9764 RE: SPENCER, WILLIAM R. Employee/Obligor's Name (Last, First, MO 203-50-1576 Employee/Obligor's Social Security Number 0384101333 Employee/Obligor's Case Identifier (See Addendum for plaintiff nOJmes associated with cases on attachment) Custodial Parent's Name (Last, First, Mil EmployerMlithholder's Federal ElN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0 . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-B77-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE Ju:i Form E N-028 Worker ID $IATT DEe 2J 2005 Date of Order: Edgar B. Bayley, DRO: R.J. Shadday Service Type M OMB No.: 0')7(}-I)154 -, ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If r.hecked you are required to prOvi9€ a c;:opy of this form to your. employee. If your employee works in.a state that is different from the state that issued thIs order, a copy must be provIded to your employee even If the box IS not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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.* R~pvd;"g tile r'aydate/Date uf'v'V;L1llluIJ;"5' Yuu 1IIu~llepo.l tile payJale/Jatc: uf vv;ll,llvIJ;"g vvl,e" selld;lIo ll,~ tJaYIIIt:'IIl. Tl,~ tJayJale/Jale of vv;tl,l,oIJ;1I5 ;:> ll,~ Jdl~ VII vvl,;l..l, dlllOUllt vvb':' vv;ll,l,eld f,v", 1I1~ ~",tJlvy~t:":> vvages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2304551540 EMPLOYEE'S/OBLlGOR'S NAME: SPENCER. WILLIAM R. EMPLOYEE'S CASE IDENTIFIER: 0384101333 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxesi Social Security taxesi and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 24()-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form E N-028 Worker ID $IATT Service Type M OMB No., 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SPENCER, WILLIAM R. PACSES Case Number 394106421 Plaintiff Name KATHLEEN E. SPENCER Docket Attachment Amount 04-205 CIVIL $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child!ren)'s Namels): DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name!s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. D If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child!ren)'s Name!s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name!s): DOB D]f checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OMBNo.:0970-0154 n c:. .-' c:^-' <:.~ c.J1 (-:'j \:"i'i " r-'> o ," o -n .-' -~C~ \'"n2: ~~~f~ ~:~?\ -0 :::; t.;? "" :4 (.,) -