HomeMy WebLinkAbout01-6446SHERRY L. HAIR,
RICKY L. HAIR,
Plaintiff,
Defendant.
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
.NO. OI -
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 another claim or relief
requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Cumberland County Courthouse, 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 CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, PA 17013
(717) 249-3166
SHEKRY L. ~
RICKY L. HAIK
Plaintiff,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Sherry L. Hair, by and through her
attorneys, Mancke, Wagner, Hershey & Tully, and files the following Complaint in
Divorce:
1. The Plaintiff, Sheny L. Hair, is an adult individual currently residing at
7075 Carlisle Pike, No. 135, Carlisle, Cumberland County, Pennsylvania.
2. The Defendant, Ricky L. Hair, is an adult individual currently residing at
1342 W. Trindle Road, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have both been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this
Complaint.
4. Plaintiff and Defendant are husband and wife having been married on June
28, 1997, in New Kingston, Cumberland County, Pennsylvania.
5. There were no children bom unto the marriage.
6. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
7. Neither Plaintiff nor Defendant are members of the Armed Forces of the
United States or any of its Allies.
8. Plaintiff has been advised of the availability of counseling and that she has
the right to request that the Court require both parties to participate in counseling.
9. Plaintiff avers as grounds on which this action is based are:
A. That the marriage is irretrievably broken pursuant to §3301(c) of
the Divorce Code; and
B. That as of June 25, 2003, the parties will have lived separate
and apart for a period of at least two (2) continuous years
pursuant to § 3301(d) of the Divorce Code.
WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in
Divorce.
-2-
COUNT I
EQUITABLE DISTRIBUTION
10. Paragraphs 1 through 9 above are incorporated herein by reference and
made a part hereof.
11. During the marriage, Plaintiff and Defendant have acquired various items
of marital property, both real and personal, which are the subject of equitable
distribution under {}401 of the Divorce Code of 1980.
COUNT II
ALIMONY PENDENTE LITE~
COUNSEL FEES, COSTS AND EXPENSES
12. Paragraphs 1 through 11 above are incorporated herein by reference and
made a part hereof.
13. By reason of this action, Plaintiff will be put to considerable expense in
the preparation of her case in the employment of counsel and the payment of costs.
-3-
14. The Plaintiff is without sufficient funds to support herself and to meet the
costs and expenses of this litigation and unable to appropriately maintain herself
during the pendency of this action.
15. The Plaintiff's income is not sufficient to provide for her reasonable
needs and pay her attorneys' fees and the cost of this litigation.
16. The Defendant has adequate earnings to provide support for the Plaintiff
and to pay her counsel fees, costs and expenses.
COUNT III
ALIMONY
17. Paragraphs 1 through 16 above are incorporated herein by reference and
made a part hereof.
18. Plaintiff lacks sufficient property to provide for her reasonable needs.
19. Plaintiff is unable to sufficiently support herself through appropriate
employment.
20. Defendant has sufficient income and assets to provide continuing support
for the Plaintiff.
-4-
WHEREFORE, Plaintiff prays this Honorable Court:
A. Enter a Decree in Divorce;
B. Compel the Defendant to pay alimony pendente lite to the Plaintiff;
C. Compel the Defendant to pay alimony to the Plaintiff;
D. Equitably divide all property, both real and personal, owned by the
parties;
E. Compel the Defendant to pay the PlaintiWs counsel fees, costs and
expenses and the costs and expenses of this action; and
F. Grant such further relief as the Court may deem equitable and just.
Respectfully submitted,
Mancke, Wagner, Hershey & Tully
·
~ / P. Rl'ch?.~l Wagner, Esquire
~3103
2233 North Front Street
Hamsburg, PA 17110
(717) 234-7051
Attorneys for Plaintiff
Date: ////q/~/
-5-
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4704, relating to unsworn falsification to authorities.
z_~
Zrr~
SHERRY L. HAIR, :
Plaintiff/Petitioner :
;
VS.
RICKY L. HAIR,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2001-6446 CIVIL TERM
IN DIVORCE
DR8 32003
Pacses# 205104790
ORDER OF COURT
AND NOW, this 26th day of September, 2002, based upon the Court's deternfination that Petitioner's
monthly net income/earning capacity is $2,105.29 and Respondent's monthly net income/earning
capacity is $2,294.64, it is hereby Ordered that the Respondent pay to the Pennsylvania State
Collection and Disbursement Unit, $76.00 per month payable monthly as follows; $76.00 for alimony
pendente lite and $0.00 on an'ears. First payment due October 23, 2002. Arrears set at $0.00 as of
Septebmer 26, 2002. The effective date of the order is August 23, 2002
Failure to make each payment on time and in full will cause all arrears to become subject to immediate
collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after
hearing, that the Respondent has willfully failed to comply with this Order, it may declare the
Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not
limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the PA SCDU to: Sherry L. Hair. Payments must be made by check
or money order. All checks and money orders must be made payable to PA SCDU and mailed to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's PACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
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 heating de novo before
the Court.
DRO: R. J. Shadday
Mailed copies on
9-26-02 to: <
BY THE COURT,
Petitione~
Respondent ~ ,e~-~~
P. Richard Wagner, Esquire ~ ad
Doug Miller, Esquire //~..j~'
Kevin A. Hess J.
.* ~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania /9~,~g~' ~-O~'/D
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 09/26/02 ~
Tribunal/Case Number (See Addendum for case summary)
RE: HAIR, RICKY
Employer/Withholder's Federal EIN Number
EiCHELBERGER coNsTRUCTION INC
PO BOX 459
124 W CHURCH ST
DILLSBURG PA 17019-1232
C) Original Order/Notice
(~) Amended Order/Notice
O Terminate Order/Notice
Employee/Obligor's Name (Last, First, MI)
191-46-225a.
Employee/Obligor's Social Security Number
4053000031
Employee/Obiigor's Case Identifier
(See Addendum for plaintiff names
associated with cases on a~tachmenr)
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.
$ 553.96 per month in current support
$ 0. oo per month in past-due support Arrears 12 weeks or greater? Oyes (~) no
$ o. oo per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
fo'r a total of $ 553.96 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:
$ 127.84 per weekly pay period.
$ 255.67 per biweekly pay period (every two weeks).
$ 276.98 per semimonthly pay period (twice a month).
$ 553 · 96 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 SCDU
Send check to: Pennsylvania SCDU, 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 MALL.
Date of Order:
9EP2 7300
Service Type M
BY THE COURT:
Form [N-028
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHFR WITHHOLDERS
[] If checked you are required to provide acopy of this form to your emoloyee. If your employee works in a state that is
different from the state that issu;ed this order, a copy must be provided to your 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.
r,,~y,~o,~,~,=,~ ,~, ,, ...... ,~,,~,,,~ is, = ,~o,~ ,~,, .... ,,~,, ,~,,,,~u,,, ,,o~ ,,,,, ,,,=,,~ ,,~,,,, ,,,= ~,,,~,,,~y~ ~ ,,,,~=~. You must comply with the law of the
state of the employee's/obligor's pr nc pa place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
S.* 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/oblig0r'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 the employee/obligor is no longer working for you.
Please provide the information requested and retum a copy of this Order/Notice to the Agency identified below.
WlTHHOLDER'S ID: 2516"/77000
EMPLOYEE'S/OBLIGOR'S NAME: HATR, RTCK¥ T,.
EMPLOYEE'S CASE IDENTIFIER: 405300003! DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
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 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 (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 iADWE). 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
by FAX at ~ or
by internet
or
Service Type
Page 2 of 2
OMB No.: 0970-0154
Form EN-028
Worker ID $IATT
Defendant/Obligor:
ADDENDUM
Summary of Cases on Attachment
HAIR, RICKY L.
PACSES Case Number 205104790
Plaintiff Name
SHERRY L. HAIR
Docket Attachment Amount
01-6446 CIVIL $ 76.00
Child(ren)'s Name(s): DO8
[] 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 401000062
Plaintiff Name
LOU A. F~AIR
Docket Attachment Amount
1238 S 92 $ 477.96
Child(ren)'s Name(s): DOB
AMBER ~AZR
[] If checked, you are required to enroll the child(ten)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
[] If checked, you are required to enroll the child(ten)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
[] If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
[--IIf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.00
Child(ren)'s Name(s):
DOB
[] If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
OMB NO.: 0970-O154
Form EN-028
Service Type M Worker ID $IATT
RICK¥ L. HAIR,
Defendant.
iN THE COURi OF COMMON PLEAS
C'JI{~BERL}~D C03~TY, PENNSYLVA~I!A
NO: 01-6446
CIVIL ACTION - LAW
iN DIVORCE
NOTICE OF INTENTION .TO RESL~E PRICR. NAP!R
NOTICE ~S HEREBY GIVEN that %he PLA~JT~.. in the above
mazter, being a party to a divorce action at the above number
filed on November 13, 2001, hereby ~n~nd~ to resume and
hereafter use %he previous name of SHBRRY L P~O~, and gives
~h~s wri~Len notice avowing her ~
-.~ -~-en~ion in accordance wi~h
Drcv~s~ons of the A~ of. AD~i_ 2, 1980, P.L. , 23 P . S. Sec"~ ..... 70.2
Sherry L. H~r
TO BE iqlNOh~ AS:
Sherry L. P~on
COMMO-%5~'EALTH OF PENNSYLVANIA :
: SS.
nor~cmv OF
ON THE__ day cf 2002, before me a
~,~ .... , ~a~4a~
.... a_y Public, persona!fy ed Sherry L. Hair, k~O~z,T, tC me Yo
be ~he person whose name is subscribed to ~ke wizhin decumenu and
~c~{n~w=edgee Eha~ she executed the foregoing for the purpose
tkere,lx contained.
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
SHERRY L. HAIR ) Docket Number
Plaintiff )
vs. ) PACSES Case Number
RICKY Ia. HAIR )
Defendant ) Other State ID Number
01-6446 CIVIL
205104790
ORDER OF COURT
You, SHERRY ~,Y~,rN HAZR plaintiff/defendant of
7075 CARLISI,E PIKE # 135, CARIaISI,E, PA. 17013-8897-75
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
DECEMBER 10, 2002
at 1:30PM for a hearing.
You are further required to bring to the hearing:
1. a tree copy of your most recent Federal Income Tax Return, including W-2s, as filed,
2. your pay stubs for the preceding six (6) months,
3. verification of child care expenses, and ~,~ , ....,
4. proof of medical coverage which you may have, or may have available to you :-~ ~: ~
5. information relating to professional licenses
6. other:
Form CM-509
Service Type M Worker ID 21302
HAIR v. HAIR PACSES Case Number: 205104790
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
Date of Order:
BY THE COURT:
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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:
CUMBERLkND CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBEmaU, XD County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225 . All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Page 2 of 2 Form CM-509
Service Type M Worker ID 21302
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
SHERRY L. HAIR ) Docket Number 01-6446 CIVIL
Plaintiff )
vs. ) PACSES Case Number 205104790
RICKY L. HAIR
Defendant ) Other State ID Number
ORDER OF COURT
Yon, RICKY L. HAIR
1343 W TRINDLE RD, CARLISLE, PA. 17013-9746-43
plaintiff/defendant of
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
DECEMBER 10, 2002
at 1:30PM for a hearing.
You are further required to bring to the hearing:
1. a tree copy of your most recent Federal Income Tax Return, including W-2s, led,
2. your pay stubs for the preceding six (6) months,
3. verification of child care expenses, and
4. proof of medical coverage which you may have, or may have available to you: ~ .~ ,~ ~'
5. information relating to professional licenses
6. other:
Form CM-509
Service Type M Worker ID 21302
HA'rR v. HAIR PACSES Case Number: 205104790
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
Date of Order:
BY THE COURT:
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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 CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225 · All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Page 2 of 2 Form CM-509
Service Type M Worker ID 21302
In the Court of Common Pleas of CUMBERLANO County, Pennsylvania
DOMESTIC RELATIONS SECTION
SHERRY L. HAIR
VS.
RICKY L. HAIR
Plaintiff
Defendant
) Docket Number
)
) PACSES Case Number
)
) Other State ID Number
01-6446 CIVIL
205104790
ORDER OF COURT - RESCHEDULE A HEARING
YOU, RICKY L. HAIR
1343 W TRINDLE RD, CARLISLE, PA. 17013-9746-43
are ordered to appear ~ DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE,
oR the 21ST DAY OF JAIqUARY, 2003
the prior heating dine of DECEMBER 10,
a[ 8:30AM
2002
PA. 17013-3014-13
of
for a hearing.
This date replaces
You are further required to bring to the hearing:
1. a true copy of your most recent Federal Income Tax Return, including W-2s, as fried,
2. your pay stubs for the preceding six (6) months,
3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c).
4. verification of child care expenses, and
5. proof of medical coverage which you may have, or may hax, e available to you
6. information relating to professional licenses
7. other:
Service Type
Form CM-514
Worker ID 213 0 2
I-I~IR
V. HA'rR
PACSES Case Number:
205104790
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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:
C~ERIaA/qD CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAiqD County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225 · All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type M
Page 2 of 2 Form CM-514
Worker ID 21302
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
SHERRY L. HAIR
VS.
RICKY L.
HAIR
) Docket Number
Plaintiff )
) PACSES Case Number
)
Defendant ) Other State ID Number
01-6446 CIVIL
205104790
ORDER OF COURT - RESCI-IEDULE A HEARING
You, SHERRY LYNN HAIR
7075 CARLISLE PIKE # 135, CARLISLE, PA. 17013-8897-75
of
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 lq HANOVER ST, CARLISLE, PA. 17013-3014-13
011 [he 21ST DAY OF JANUARY, 2003
[he prior hearLng date of DECEMBER 10,
at 8: 3 03a'Vl for a hearing.
2002
This date replaces
You are further required to bring to [he heating:
1. a tree copy of your most recent Federal Income Tax Return, including W-2s, as filed,
2. your pay stubs for the preceding six (6) months,
3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c).
4. verification of child care expenses, and
5. proof of medical coverage which you may have, or may have available to you
6. information relating to professional licenses
7. other:
Service Type M
Form CM-514
Worker ID 21302
HAIR ¥. HAIR
PACSES Case Number: 205104790
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
Date of Order:
BY THE COURT:
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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:
C~ERLAND CO BAR ASSOClATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225 · All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type
Page 2 of 2
Form CM-514
Worker ID 213 02
SHERRY L. HAIR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
RICKY L. HAIR,
Defendant
PACSES NO. 205104790
NO. 01-6446 CIVIL TERM
INTERIM ORDER OF COURT
AND NOW, this 29th day of January, 2003, upon consideration of
the Support Master's Report and Recommendation, a copy of which is attached
hereto as Exhibit "A", it is ordered and decreed as follows:
A. The Defendant shall pay to the State Collection and Disbursement Unit
as alimony pendente lite the sum of $234.0(:) per month.
B. The Defendant shall pay an additional sum ,of $25.00 per month on
arrearages, if any, until paid in full.
C. The effective date of the Defendant's APL obligation is September 26,
2002.
D. Except as modified herein, the order of September 26, 2002, shall
remain in full force and effect.
The parties are hereby advised that they may file written exceptions to the
Support Master's Report and Recommendation within ten (10) days of this order.
Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If
written exceptions are filed by any party, the other party may file exceptions
within ten (10) days of the date of service of the odginal exceptions. If no
exceptions are filed within ten (10) days of this interim order, this order shall then
constitute a final order.
By the Court,
Kevin A. Hess, J.
CC:
Sherry L. Hair
Ricky L. Hair
P. Richard Wagner, Esquire
For the Plaintiff
Douglas G. Miller, Esquire
For the Defendant
DRO
SHERRY L. HAIR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
RICKY L. HAIR,
Defendant
PACSES NO. 205104790
NO. 01-6446 CIVIL TERM
SUPPORT MASTER'S REPORT AND RECOMMENDATION
Following headngs held before the undersigned Support Master on
December 10, 2002, and January 21, 2003, the following report and
recommendation are made:
FINDINGS OF FACT
1. The Plaintiff is Sherry L. Hair, who resides at 7075 Carlisle Pike,
Number 135, Carlisle, Pennsylvania.
2. The Defendant is Ricky L. Hair, who resides at 1343 West Trindle
Road, Carlisle, Pennsylvania.
3. The parties are husband and wife, having married on June 28, 1997.
4. The parties separated on June 25, 2001.
5. On November 13, 2001, the Plaintiff filed a complaint for divorce
containing therein a claim for alimony pendente lite.
6. On August 23, 2002, the Plaintiff filed an action for spousal support
docketed to 750 Support 2002.
At the support conference held September 26, 2002, the Plaintiff
withdrew her complaint for spousal support and requested that the
conference proceed on her claim for alimony pendente lite.
On September 26, 2002, an order was entered setting the Defendant's
obligation to pay alimony pendente lite at $7'6.00 per month effective
August 23, 2002, from which the Plaintiff has requested a hearing de
novo.
9. The Plaintiff has gross bi-weekly income of $1,268.00.4
10. The Defendant is employed as a construction superintendent by
Eichelberger Construction, Inc.
I The parties stipulated to the Plaintiff's income.
Exhibit "A"
11. In 2001 the Defendant had annual earnings from employment of
$59,441.00.
12. In 2002 the Defendant had gross annual earnings from employment of
$52,659.53.
13. The reduction in the Defendant's income from 2001 to 2002 was not a
voluntary reduction of income on the part of the Defendant.
14. Superintendents at Eichelberger Construction are entitled to the use of
a company vehicle for business purposes.
15.
Superintendents who do not have a company vehicle because of
unavailability are paid an additional $2.50 per hour as wages to
compensate for the use of their personal vehicle.
16. In 2002 the Defendant received a company vehicle in April.
17.
The Defendant's gross income for 2002 includes $1,367.50 as vehicle
reimbursement for that portion of the year in which the company
vehicle was not available to him.
18. The Defendant's employer made a matching contribution to the
Defendant's 401(k) plan in 2002 of $1,153.00.
19. The parties have no children together.
20. The Defendant is paying $477.99 per month as support for two
children to a prior relationship.
21. Pending their divorce both parties file federal tax returns as
married/separate.
DISCUSSION
The Defendant is not disputing entitlement to an award of alimony
pendente lite. The amount of alimony pendente lite is computed utilizing the
support guidelines in the same manner as spousal support.2
The parties stipulated that the Plaintiff had bi-weekly gross income of
$1,268.00. This equated to gross monthly income of $2,747.00. Filing her
2 See Pa. R.C.P. 1910.1(a) and Pa. R.C.P. 1910.16-4(a). See also Little v. Little, 47 Cumberland L.J. 131
(1998).
federal tax return as married/separate, the Plaintiff has net monthly income of
$2,105.00.3
The Defendant's income is slightly more complicated. In 2002 he had
gross wages of $52.659.53. Of this amount the sum of $1,367.50 was paid to
him to compensate for the use of his personal vehicle prior to his receiving a
company vehicle in April, 2002. Superintendents such as the Defendant are
entitled to company vehicles for business purposes, and if a vehicle is not
available, they are compensated $2.50 per hour in addition to their normal wage.
Perquisites such as personal automobile expenses must be considered as
income for support purposes. Mascaro v. Mascaro, 803 A.2d. 1186 (Pa. 2002).
The company truck provided to the Defendant was for business purposes only,
although he did admit to driving 10 to 15 miles per week on personal errands.
This amount of personal use is considered negligible, and the company truck
provided to the Defendant will not be considered as income in this case.
However, the $1,367.50 actually paid to the Defendant prior to the receipt of the
company truck will be considered as income. Additionally the company paid
matching contribution to the Defendant's 401(k) plan, less a ten percent penalty
for eady withdrawal, will be considered income for support purposes. Portu.qal v.
Portugal, 798 A.2d. 246 (Pa. Super. 2002). The Defendant's gross monthly
income for support purposes is calculated to be $4,475.00. Filing his federal tax
return as married/separate, he has net monthly income of $3,169.00.4
The calculation of the Defendant's alimony pendene lite obligation is
shown on Exhibit B. From the Defendant's net monthly income is deducted his
child support obligation to children of another relationship5 and the Plaintiff's net
monthly income. The difference is multiplied by 40% because the parties have
no dependent children together. The monthly obligation is $234.00.
The effective date of the Defendant's APL obligation will be September 26,
2002, the date on which the Plaintiff withdrew her spousal support complaint and
requested the support conference to proceed on her claim for alimony pendente
lite.
RECOMMENDATION
The Defendant shall pay to the State Collection and Disbursement
Unit as alimony pendente lite the sum of $234.00 per month.
The Defendant shall pay an additional slim of $25.00 per month on
arrearages, if any, until paid in full.
See Exhibit A for the deductions from her gross income.
See Exhibit A for the deductions from his gross income.
See Pa. R.C.P. 1910.16-2(c)(2)
The effective date of the Defendant's APL obligation is September
26, 2002.
Except as modified herein, the order of September 26, 2002, shall
remain in full force and effect.
~JL~(-~.~L.'~..~! 21' 2oo3
D~e t ~
Michael R. Rundle
Support Master
In the Court of Common Pleas of Cumberland County, Pennsylvania
Plaintiff Name: ,Sherry L. Hair
Defendant Name: Ricky L. Hair
Docket Number: 01-6446 Civil
PACSES Case Number: 205104790
Other State ID Number:
Tax Year:
1. Fling Status Married FilingMarried Filing
2. Who Claims the Exemptions Separately Separately
3. Number of Exemptions Obligee
1 1
4. Monthly Taxable Income $4,474.76 $2,747.33
5. Deductions Method
6. Deduction Amount $327.08 $327.08
7. Exemption Amount $250.00 $250.00
8. Income MINUS Deductions and Exemptions $3,897.68 $2,170.25
9. Tax on Income $793.87 $327.46
10. Child Tax Credit
11. Manual Adjustments to Taxes
12. Federal Income Taxes $793.87 $327.46
12 a. Earned Income Credit
13. State Income Taxes $125.29 $76.93
14. FICA Payments $342.32 $210.17
15. City Where Taxes Apply --Select--
16. Local Income Taxes $~.d.75 $27.47
TOTAL Taxes $1,306.23 $642.03
SupportCalc 2002
Exhibit "A"
Obligor's Net Monthly Income
Less Obligor's support, alimony pendente
lite, or alimony obligations, if any, to children
or former spouses who are not part of this
action
Less Obligee's Net Monthly Income
Difference
Multiply by 40%
Amount of Monthly APL
$3,169
(478)
(2,105)
$ 586
X .4
$ 234
Exhibit "B"
1040 Return 2001
Department of the Treasury - Internal Revenue Service
U.S. Individual Income Tax
Label
(See
instruction s
on page 19.)
Use the
ZRS label.
Other-
wise,
please
print or
type.
For the year Jan. 1-Dec. 31 ~ 2001 r or other tax year be~]innin~
Your first name M.I.I Last name
RICKY L IHAIR
If a joint return, spouse's first name M.I.I Last name
I
~ endin~
IRS Use Only - Do nol write or staple in this space.
I
I I OMB No. 1545-0074
Suffix Your social security no.
191-46-2254
Suffix '
Spouse's social security no.
~. IMPORTANT! ~,
You MUST enter
your SSN(s) above.
Home address (number and street). If you have a P. O. box, see page 19. JApt. no.
1343 WEST TRINDLE ROAD
I
City, town or post office State ZIP code
CARLISLE PA 17013
Presidential
Election Campaign
NOTE. Checking "Yes" will not change your tax or reduce your refund.
Do you, or your spouse if filing a joint return, want $3 to go 1:o this fund?
You Spouse
· l-lY.. [],o I-IY.. [],o
Filing
Status
Check only
one box.
Exemptions
If more than six
dependents,
see page 20.
Income
Sa
Single
Married filing joint return (even if only one had income) First name: Last name:
Married filing separate return. Enter spouse's SSN above and full name here. ·
Head of household (with qualifying person). (See page 19.) If the qualifying person is a child but riot your
dependent, enter this child's name here. · SSN:
Qualifying widow(er) with dependent child (year spouse died · ). (See page 19.)
L~JYourself. If your parent (or someone else) can claim you as a dependent ,,, No. of boxes checked
on his or her tax return, DO NOT check box 6a. [,
[~] Spouse. - ...... on 6a and 6b 1
............................... J No. of your children
· lived with you
/
Dependents:
(2) Dependent's (3) r3,ependent's (4) Vf qual- on
6c
who:
social security number relationship ifying child for 1
(1) First name Last name to you child tax credit · did not live with you due
CODY HAIR 169-70-4240 Son [] to divorce or separation
[] Dependents on
[] 6c not entered
[] above
[] Add numbers
[] entered on ~
Total number of exemptions claimed .................. lines above ·
7 Wages, salaries, tips, etc. Attach Form(s) W-2 ·
Attach
Forms W-2
and W-2G here.
Also attach
Form(s)
1099-R if tax
was withheld.
If you did not get a
W-2, see page 21.
Enclose, but do
not attach, any
payment. Also,
please use
Form 1040-V.
Adjusted
Gross
Income
For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 72.
8a TAXABLE interest. Attach Schedule B if required ..............
b TAX-EXEMPT interest. DO NOT include on line 8a .... I 8b I
9 Ordinary dividends. Attach Schedule B if required ..............
10 Taxable refunds, credits, or offsets of state and local income taxes (see page 22)
11 Alimony received
12 Business income or (loss). Attach Schedule C or C-EZ
13 Capital gain or (loss). Attach Sch. D if required. If not required, check here
14 Other gains or (losses). Attach Form 4797
15a Total IRA distributions .... 15a b Taxable amount ....
16a Total pensions and annuities . . 16aJ b Taxable amount
17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E .
18 Farm income or (loss). Attach Schedule F
19 Unemployment compensation
20a Social security benefits . '' 'i2(~aJ ...... I '1 b :l'a;(al~le'al~lO;Jni : : : .
21 Other income. List type and amount (see page 27)
22 Add the amounts in the far right column for lines 7 through 21. This is your TOTAL INCOME . .
23 IRA deduction (see page 27) ............. 23
24 Student loan interest deduction (see page 28) ....... 24
25 Archer MSA deduction. Attach Form 8853 ........ 25
26 Moving expenses. Attach Form 3903 .......... 26
27 One-half of self-employment tax. Attach Schedule SE . . . 27
28 Self-employed health insurance deduction (see page 30) . . . 28
29 Self-employed SEP, SIMPLE, and qualified plans ..... 29
30 Penalty on early withdrawal of savings ......... 30
31a Alimony paid b Recipient's SSN ·
31a
32 Add lines 23 through 31a
33 Subtract line 32 from line 22. This is )/our ADJUSTED GROSS INCOME .....
(HrA)
206
56
56,810J
Form '1040 (200'1)
Form 1040 (2001} RICKY [ HAIR 191-z
, ~ = ,-~u--,~:a,+ Pa, e 2
Tax and '34 Amount from line 33 (adjusted gross income) ................. 34 56,810
standardCredits1 358 Checkif: [--]YOU were 65 or older, r~Blind; [~ SPOUSE was 65 or older, ~-~Blind. I
[ Add the number of boxes checked above and enter the total herE, .... · 358 J
Deduction
.for- b If you are married filing separately and your spouse itemizes deductions, ~:
People who or you were a dual-status alien see page 31 and check here ........... · 35b r'~
checked any --I--.J
box on line _ 36 ITEMIZED DEDUCTIONS (from Schedule A) OR your STANDARD DEDUCTION (see left margin) . 36 8,984
358 or 35bOR 37 Subtract line 36 from line 34
........................ 37 47~826
who can be 38 If line 34 is $99,725 or less, multiply $2,900 by the total number of exemptions claimed on line
claimed as a
dependent, see ed. If line 34 is over $99,725, see the worksheet on page :32
page 31. - .................. 38 $,800
39 TAXABLE INCOME. Subtract line 38 from line 37. If line 38 is more than line 37. enter -0- . ...... 39 42,026
* AIIothers: 40 TAX (see pg 33). Check if any tax is from a[~Form(s)8814 b["-~Form4972 ..... 40 7,026
Single, $4,550 41 ALTERNATIVE MINIMUM TAX (see page 34). Attach Form 6251 ......... 41
42 Add lines 40 and 41
Head of .................
household, 43 Foreign tax credit. Attach Form 1116 if required ..... ' . . ~3 ....... · 42 7,026
$6.6S0 44 Credit for child and dependent care expenses. Attach Form 2441 44
45 Credit for the elderly or the disabled. Attach Schedule R 45
i Married filing 46 Education credits. Attach Form 8863
jointly or ........... 46
Qualifying 47 Rate reduction credit. See the worksheet on page 36 ..... 47
widow(er). 48 Child tax credit (see page 37) .............. 48 600
s7,6oo 49 Adoption credit. Attach Form 8839 ............ 49
Married filing 50 Other credits from: a r~ Form 3800 b [-~ Form 8396
s3.8o0 c [~Form 8801 d [~]Form (specify)50
51 Add lines 43 through 50. These are your TOTAL CREDITS ............ 51 600
52 Subtract line 51 from line 42. If line 51 is more than line 42, enter -0- . ...... · 52 6,426
53 Self-employment tax. Attach Schedule SE
.................. 53
Other 54 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 ...... 54
Taxes 55 Tax on qualified plans, including IRAs, and other tax-favoreq accounts. Attach Form 5329 if required .....
58 Advance earned income credit payments from Form(s) W-2 ............ 56
57 Household employment taxes. Attach Schedule H ............... 57
58 Add lines 52 through 57. This is your TOTAL TAX ............. · 58 6,426
Paymei~s 59 Federal income tax withheld from Forms W-2 and 1099 .... 59 12,251
I lfqualifyingyOU have a L 60 2001 estimated tax payments and amount applied from 2000 return 60
child; attach ___618 Earned income credit (EIC) .............. 618
Schedule EIC.v b Nontaxable earned income .... J 61b J I I ;i~:!~:.
62 Excess social security and RRTA tax withheld (see page 51) 62
63 Additional child tax credit. Attach Form 8812 63
64 Amount paid with request for extension to file (see page 51) . . 64
65 Other payments. Check if from a ~ Form 2439 b
Form
41
36
65
66 Add lines 59, 60, 61a, and 62 throuDh 65. These are your TOTAL PAYMENTS ....... · 66 12,251
Refund 67 if line 66 is more than line 58, subtract line 58 from line 66. This is the amount you OVERPAID ..... 67 5~825
688 Amount of line 67 you want REFUNDED TO YOU
Direct deposit? ..............
SeepageS! ·b Routing number I 231382241 I· c mype:[~Checking ~'~Savings · 688 5,825
and fill in eSb, ·d Account number I 208312HA
69 Amount of line 67 you want APPLIED TO YOUR 2002 ESTIMATED TAX ·J 69 I
Amount ·
7170 AMOUNT YOU OWE.Estimated tax Subtract line 66 from line 58.A include For details on how to pay seeps, ge52 ....~ · 70
You
Owe
penalty, so on line 70 ....... 71 · I
Third .................. ......
Party
Designee
Sign
Do you want to allow another person to discuss this return with the IRS (see page 53)? La YES. Complete the following. ~ NO
Designee's Phone Personal identification
name · no. · number (PIN) ·
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and
Here belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) ' I Your occupation J Daytime phone no.
· Your signature I Date ~s base? on all information of which prepare, r has any knowledge.
Joint return?see page 19. · I ICARPENTER I
Keep a c°py ~ Sp°use's signature' If a j°int return' BOTH must sign. IDate J Spouse's occupation I.ome phone no'
for your recordsF J
Preparer's ~ll,/P~,l, /~. /// ~ I Check if Preparer's SSN
Paid signature ~-/~ I Date
or
PTIN
Preparer's Firm's name (or- I-*[~GI:J/,~PSTAXANDPAYROLL 3/11/2002 Jsef-empl°YqEl[---~, N P00014279
Use Only yours if self-employed), ~ ~2,~SOUTH PITT STREET 23-2933778
address, and ZIP code · CARLISLE IPhone no. 717-245-8581
State PA ZIP code 17013
Form 1040(2001)
SCHEDULE A
(Form 1040)
Department of the Treasu~
Internal Revenue Se~ice {99)
Name(s) shown on Form 1040
RICKY L HAIR
Medical
Schedule A - Itemized Deductions
Attach to Form 1040. See Instructions for Schedule A (Form 10,*
and 1
Dental 2
Expenses 3
4
Taxes You
Paid
(See
page A-2.)
Interest 10
You Paid 11
(See page A-3.)
Name
Address
Note. TIN
Personal 1 2
interest is
not 13
deductible.
Gifts to
Charity
If you made a gift
and got a benefit for
it, see page A-4.
Casualty and
Theft Losses
Job Expenses
and Most
Other
Miscellaneous
Deductions
(See
page A-5 for
expenses to
deduct here.)
14
15
16
17
18
Caution. Do not include expenses reimbursed or paid by others.
Medical and dental expenses (see page A-2) .... ' ....
Enter amount from Form 1040, line 34..~ 2 J 56,810~
Multiply line 2 above by 7.5% (.075) ....
Subtract line 3 from line 1. If line 3 is more than line 1~ enter -0-
5 State and local income taxes ............
6 Real estate taxes (see page A-2) ............
7 Personal property taxes ...............
8 Other taxes. OPT $ 10~
.............. ZZZZZZXiiTZiXZZZXZJiiZiiTZ .ZZZZXZZZZZX;XZ .
9 Add lines 5 through 8
Home mortgage interest and points reported to you'on Form 1098 ....
Home mortgage interest not reported to you on Form 1098. If
paid to the person from whom you bought the home, see page
A-3 and show that person's name, identifying no., and address
Points not reported to you on Form 1098. See page A-3
for special rules
Investment interest. Attach Form 4952 if required. (See
page A-3.) ....................
Add lines 10 throucjh 13
Gifts by cash or check. If you made any gift of $250 or ~¢~
more, see page A-4 .................
Other than by cash or check. If any gift of $250 or more, ~
see page A-4. You must attach Form 8283.if over $500 . . .
Carryover from prior year ............. [' 17 I
Add lines 15 through 17
19 Casualty or theft loss(es). Attach Form 4684.
20 Unreimbursed employee expenses - job travel, union
dues, job education, etc. You must attach Form 2106
or 2106-EZ if required. (See page A-5.)
FORM 2106 ................................
.................................. 1
21 Tax preparation fees ........................
22 Other expenses - investment, safe deposit box, etc. List
type and amount ......................... $. .....
23 Add lines 20 through 22
i '1 i .... '
24 Enter amount from Form 0 e 4
25 ' '
10
Other
Miscellaneous
Deductions
Total
I , OMB No. 1545-0074
2001
I Attachment Sequence No.
'. 07'
Your social security number
191-46-2254
26
27
1
Multiply line 24 above by 2% (.02) ...........
Subtract line 25 from line 23. If line 25 is more than line 23~ enter-0- . .....
Other - from list on page A-6. List type and amount
$
28 Is Form 1040, line 34, over $132,950 (over $66,475 if married filing separately)?
155
100
4,509
82O
155
5OO
Itemized [-~ No.
Deductions
[--] Yes.
Your deduction is not limited. Add the amounts in the far right column
for lines 4 through 27. Also, enter this amount on Form 1040, line 36.
Your deduction may be limited. See page A-6 for the amount to enter.
984
For Paperwork Reduction Act Notice, see Form 1040 instructions. (HTA) Schedule A (Form 1040) 2001
Form 2106 Employee Business Expenses
Department of the Treasury
Internal Revenue Se~ice
Your name
RICKY L HAIR
See separate instructions.
Attach to Form 1040.
IOccupation in which you incurred expenses
CARPENTER
Part I Employee Business Expenses and Reimbursements
OMB No. 1545-0139
2001
Attachment Sequence No.
54
ISocial security number
191-46-2254
STEP 1 EnterYour Expenses
I Vehicle expense from line 22 or line 29. (Rural mail carriers: See instr.) ....
2 Parking fees, tolls, and transportation, including train, bus, etc., that
did not involve overnight travel or commuting to and from work
3 Travel expense while away from home overnight, including lodging,
airplane, car rental, etc. Do not include meals and entertainment ......
4 Business expenses not included on lines 1 through 3. Do not include
meals and entertainment
5 Meals and entertainment expenses (see instructions) ...........
6 Total expenses. In Column A, add lines 1 through 4 and enter the
result. In Column B, enter the amount from line 5
Note:
Column A Column B
Other Than Meals Meals and
and Entertainment Entertainment
897
1,536 .~
If you were not reimbursed for any expenses in Step 1, skip line 7 and enter the amount from line 6 on line 8.
Step 2 Enter Reimbursements Received From Your EmPloyer for Expenses Listed in Step 1
reported to you in box 1 Of Form W-2o Include any reimbursements
reported under code "L" in box 12 of your Form W-2 (see instructions) ..... 7
Step 3 Figure Expenses To Deduct on Schedule A (Form 1040)
8 Subtract line 7 from line 6. If zero or less, enter-0-. However, if line 7 is greater
than line 6 in Column A, report the excess as income on Form 1040, line 7 .
Note: If both columns of line 8 are zero, you cannot deduct employee
business expenses. Stop here and attach Form 2106 to your return.
9 In Column A, enter the amount from line 8. In Column B, multiply
line 8 by 50% (.50). (Employees subject to Department of
Transportation (DOT) hours of service limits: Multiply meal
i.~,enses by 60% (.60)instead of 50%. For details, see instructions.) .....
L.JCheck this box for Employees subject to DOT hours of service limits.
,8
10 Add the amounts on line 9 of both columns and enter the total here. Also, enter the total on
Schedule A (Form 1040), line 20. (Fee-basis state or local government officials, qualified
performing artists, and individuals with disabilities: See the instructions for special rules on
where to enter the total.)
For Paperwork Reduction Act Notice, see instructions. (HTA)
1,536
1,536
10 / 1t536
Form 2106 (2001)
Form 2106 20.~ RICKY L HAIR
Part II Vehicle Expenses
191-46-2254
Section A - General Information (You must complete this section if you
(a) Vehicle 1 (b) Vehicle 2
11 4/1/1992
12 25,213
13 2,600
14 10.31%
15
16
17 22,613,
are claiming vehicle e~
11 Enter the date the vehicle was placed in service
12 Total miles the vehicle was driven during 2001 ................
13 Business miles included on line 12 ................
14 Percent of business use. Divide line 13 by line 12 ..............
15 Average daily roundtrip commuting distance
16 Commuting miles included on line 12
17 Other miles. Add lines 13 and 16 and subtract the total from line 12 .......
18 Do you (or your spouse) have another vehicle available for personal use'~
................ r~Yes ~-]No
19 Was your vehicle available for personal use during off-duty hours? .~]Yes ~-']No
20 Do you have evidence to support your deduction? ................
21 If "Yes," is the evidence written'~ ........................ ~]Yes [] No
· .[~--]Yes [~No
Section B - Standard Mileage Rate (See the instructions for Part II to find out whether to complete this section or
Section C.)
22 Mul~ 34 1/2 cents ~
Section C -Actual Expenses
23 Gasoline, oil, repairs, vehicle
Insurance etc.
24a Vehicle rentals
b Inclusion amount (see instructions) . . .
c Subtract line 24b from line 24a .....
25 ' Value of employer-provided vehicle
(applies only if 100% of annual
lease value was included on Form
' W-2 - see instructions) ........
26 Add lines 23, 24c, and 25 .......
27 Multiply line 26 by the
percentage on line 14
28 Depreciation. Enter amount
from line 38 below
29 Add lines 27 and 28. Enter
total here and on line 1
Section D-Depreciation of Vehicles
for the vehicle.)
ehicle 1 ~ 897
~- ~cle 2
24a ~ ~ ~ ~
(Use this section only if you owned the vehicle and are completing Section C
30a Enter cost or other basis (see
instructions) ............
b Enter the date the vehicle was
placed in service
31 Enter amount of section 179
deduction (see instructions) ......
32 Multiply line 30 by line 14 (see
instructions if you elected the
section 179 deduction) ........
33a Enter depreciation method,
either "200% DB", "150% DB" or "SL"
b Enter depreciation percentage .....
34 Multiply line 32 by the percentage
on line 33 (see instructions) ......
35 Add lines 31 and 34
36 Enter the limit from the table in
the line 36 instructions
37 Multiply line 36 by the percentage
on line 14
38 Enter the smaller of line 35 or
line 37. Also enter this amount
on line 28 above
Vehicle 1
Vehicle 2
Form 2106 (2001)
nj
0
~ ~ 0~.
o 03
I-'-
0
Eichelberger Construction Inc Employee Weekly Payroll Verification Page 1
System Date= 12-26-2002
System Time: 8:36 am
034 Picky L Hair Classification , GC8
Ehop Rate $20,50
Mire Date 8-19-1994
Period End Data 12-22-02
Date Cart Job Pay Type Hours Rate Amount
02.246 1041.109 Suprn Add per Hr 27.60
12-16-02 X 02.246 1041.109 Field Wages 8.00 20.50 164.00
12-17-02 X 02.246 1041.109 Field Wages 8.00 20.50 164.00
12-18-02 X 02.246 1041.109 Field Wages 8.00 20.50 164.00
12-19-02 X 02.246 1841.109 Field Wages 8.00 20.50 164.00
12-20-02 X 02.246 1041.109 Field Wages 8.00 20.50 164.00
Tim~ Totals 40.00 847.60
Company
Cash Frg Fringe~
Filling Status S - 0
401K Rate 5.00 ~
< .....Posted Rates ......>
Pension S\F Class Base Supr Sub Fringe Total
Add. Total
S GC8
2.09 5.04 S Suprn 19.19 .69 19.88 7.13 27.01
2.09 5.04 S Suprn 19.19 .69 19.88 7.13 27.01
:2.09 5.04 S Suprn 19.19 .69 19.88 7.19 27.01
2.09 5.04 S Suprn 19.19 .69 19.88 7.13 27.01
2.09 5.04 S Suprn 19.19 .69 19.88 7.13 27.01
EMPLOYEE TOTALS
¢ .........................PAYS ......................> < ....... L ...... DEDUC"fIONS .............. ~
Units Current 1~1q) TAX~S
Field 40.00 820.00 39,520.85 Taxable Currant ~
Field OT 169.13 FWH 803.39 145.18 9,188.65
Shop Hourly 41.00 FICA 844.39 52.35 3,179.98
Super/Forraan Add 27.60 1,610.94 MED 844.39 12.24 743.70
Truck 1,367.50 SWH 844.39 23.64 1,436.05
Vacation 1,968.00 Local 847.60 8.48 514.45
Holiday 1,209.50 OPT 10.00
Wage Adjustraents 141.69
Bonus 5,423.12 TOTAL TAXES $241.89 $15,072.83
TOTAL EAI~NINGS $847.60 $51,551.73
MISC. DEDUCTIONS
Current Y~D
401K 41 . 00 2 , 306 . 13
Dental 3.21 154.08
Domestic 127.84 5,946.08
Accounting Fees 2.56 119~12
TOTAL DEDUCTIONS $174.61 $8,525.41
Current FTD
N~T PAY $431.'10 27', 836.74
< .............COMPANY FHINGES .............
Per Hour C~rrent
401K Match .5125 20.50 1153.06
Holiday
Disability Ins .1428 5.71
Life Insurance .0578 2.31
Health Insurance 1.3795 55.18
~TAL FRINGES $2.0929 /Hour
201.50 7738.28
PAID TI~ OFF
Begf~ning USed Available
Vacation Hours 109.0 96.0 13.0
Personal Hours 16.0 .0 16.0
Sick Hours 40.0 .0 40.0
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CgTM~.R:[.~T~
Date of Order/Notice 02/06/03
Tribunal/Case Number (See Addendum for case summary)
Original Order/Notice
Amended Order/Notice
O Terminate Order/Notice
EmployerA, Vithholder's Federal EIN Number
EICHELBERGER CONSTRUCTION INC
PO BOX 459
124 W CHURCH ST
DILLSBURG PA 17019-1232
RE: HAIR, RICKY L.
Employee/Obligor'sName(Last, First, Mi)
191-46-2254
Employe~Obligor'sS~ialSecuri~ Number
4053000031
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ _ 711.96 per month in current support
$ 25. oo per month in past-due support Arrears 12 weeks or greater~ (~)yes C) no
$ _ o. oo per month in medical support ·
$ o. oo per month for genetic test costs
$ per month in other (specify)
fora total of $ 736.96 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:
$, 170. o7 per weekly pay period.
$ ,, 3 4 0.14 per biweekly pay period (every two weeks).
$ 3 6 8. ~ 8 per semimonthly pay period (twice a month).
$ _. 736.9(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/d.ate 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 SCDU
Send check to.' Pennsylvania SCDU, 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: ~g~ ~ ~/}/l~ ' ~
Se~ice Type M LL ~:~ ...... :..:~ ~:~ ~_. ~.~ ~.~ ",~ Form EN-028
~:, ,, ~.;2~=~;~. OMB No.: 097~0154
,, ~_ ~~~ Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
[] I.f.~.hecke~J you. are requ. ired to prpv. idea op
· of this form. to youremp oyee. If your employee wor.ks in a state thatis
dlttemnt trom the state that issuecl this o~lCe(r, Ya copy must be prov deal to 'your 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.
state of the employee's/obligor's principal p ace of em,~ o"ment wi*~- ........... yee'.s ~?§e.s.;~ You mu. st comply with the law of the
wi h ,- ~ t. '~p~L LO [ne [Ime perloas wiEnin which you must mplement the
t holding order and forward the support payments.
5.* Employee/Obligor with Multiple Support Holdings: If there is more than one OrdedNotice 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 #10 below)
6. 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.
WITHHOLDER'S ID: 2516777000
EMPLOYEE'S/OBLIGOR,S NAME: HAIR RICKY L.
EMPLOYEE'S CASE IDENTIFIER: 40S3000031 DATE OF SEPARATION:,
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS: _
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 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 govems 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. § 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 YVAGE ATTACHMENT UNIT
by telephone at .(Z~ or
by FAX at 717~1Z)..~~ or
by internet www.childsupport.state.pa, us
Service Type M
Page 2 of 2
OMB No.: 0970-0154
Form EN-028
Worker ID $IATT
Defenda nt/O bi igor:
PACSES Case Number 205104790
Plaintiff Name
S]{ERRY L. HAIR
Docket Attachment Amount
01-6446 CIVIL$ 259.00
Child(mn)'s Name(s): DOB
ADDENDUM
Summary of Cases on Attachment
HAIR, RICKY L.
.PACSES Case Number 401000062
Plaintiff Nam_e
LOU A. HAIR
Docket Attach ment Amount
1238 S 9~',~ $ 477.96
Child(ren)'s Name(s): DOB
AMBER HAIR
..................... ~ ..... 12/1~/84
[] 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.
[] If checked, you am required to enroll the child(mn)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
.PACSES Case Number
.Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
[] If checked, you are required to enroll the child(mn)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
.PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(mn)'s Name(s): DOB
[] If checked, you are required to enroll the child(mn)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.00
Child(ren)'s Name(s): DOB
[] If checked, you are required to enroll the child(ten)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
[] If checked, you are required to enroll the child(mn)
identified above, in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
Addendum
OM8 No.: 0970-0154
Form EN-028
Worker ID $ IATT
SHERRY L. HAIR,
RICKY L. HAIR,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: 2001 -6446 CIVIL TERM
:
: IN DIVORCE
PETITION TO TERMINATE ALIMONY PENDENTE LITE
AND NOW, comes the Defendant, Ricky L. Hair, by and through his attomeys, IRWIN,
McKNIGHT & HUGHES, Esquires, and files this Petition to Terminate Alimony Pendente Lite
making the following statement:
1. The Plaintiff is Sherry L. Hair, and the Defendant is Ricky L. Hair.
2. The Plaintiff filed for divorce on November 13, 2001 and simultaneously filed for
alimony pendente lite.
3. Up unto the end of February, 2003, the Plaintiff made no effort to move the
equitable distribution portion of the divorce along to a conclusion.
4. On or about February 24, 2003, the defendant, tl~:ough his attorney, requested that
the Plaintiff sign an Affidavit of Consent so that the matter could be brought
before the Divorce Master. Attached as Exhibit "A" is a copy of said letter and
the Consent provided to the Plaintiff.
5. To date, the Plaintiff has not provided a signed Affidavit of Consent nor has she
or her legal counsel responded to the February 24, 2003 correspondence.
6. The Plaintiff is receiving alimony pendente lite to support the expenses of the
divorce proceedings, however, is refusing to allow the matter to be litigated or
even to negotiate a settlement of the issues involved.
WHEREFORE, the Defendant, Ricky L. Hair, hen.~by requests that the Order for
Alimony Pendente Lite be vacated due to the Plaintiffs unwillingness to move this matter to the
Divorce Master.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
Vo~glas(~;. Mifier, E~quire
60 West Pomfret Street
Carlisle, Pa 17013
717-249-2353
Supreme Court I.D.# 83776
Attorney for the defendant,
Ricky L. Hair
Date: March ~/~ , 2003
Exhibit "A"
LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER B. IRWIN
MARCUS A. McKNIGHT, 111
JAMES D. HUGHES
REBECCA R. HUGHES
DOUGLAS G. MILLER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-$222
(717) 249-2353
FAX (717) 249-6354
E-MAIL: IMH/ A W~$UPERNET. COM
HAROLD S. IRWIN (1925-1977)
HAROLD S. IRWIN, JR. (1954-1986)
IRWIN, IRWIN&IRWIN (1956-1986)
IRWIN, IRWIN & MclCVIGHT (1986-1994)
IRWIN, McKNIGHT &HUGHES (1994-)
February 24, 2003
P. RICHARD WAGNER, ESQUIRE
MANCKE, WAGNER, HERSHEY & TULLY
2233 NORTH FRONT STREET
HARRISBURG, PA 17110
HAIR v. HAIR
No. 2001 - 6446, In Divorce, Cumberland County
Dear Rich:
I have not received any response fi.om you with regard to my previous correspondence.
Accordingly, in 'the interest of keeping this matter moving forward, enclosed with this
correspondence please f'md the Affidavit of Consent and Waiver of Notice forms for your
client's review and signature. In the event that I do not receive these signed documents by
Wednesday, March 12, 2003, so that this matter may proceed to the Divorce Master, I will be
advising my client to file a Petition to Terminate APL. I trust that such actions will not be
necessary and that this matter will proceed with all deliberate speed.
Very truly ),ours,
IRWIN, McKNIGHT & HUGHES
DGM:tds
Enclosure
cc: Ricky Hair
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
P. Richard Wagner, Esquire
Mancke, Wagner, Hershey & Tully
2233 North Front Street
Harrisburg, PA 17110
Date: March 14, 2003
IRWIN, McKNIGHT & HUGHES
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Defendant,
Ricky L. Hair
SHERRY L. HAIR,
Ye
RICICY L. HAIR,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: 2001 -6446 CIVIL TERM
:
: IN DIVORCE
ORDER OF COURT
AND NOW, this /q~ day of '~. ')qtt&<L~ , 2003, upon consideration of the
attached Petition to Terminate Alimony Pendente Lite, a hearing is hereby scheduled for
(/~.O~c~_~,~ /! 2003 in Courtroom # ~ at /./.O Y3 o'clock ~ .M. in the
Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Cotrrt,
Jo
SHERRY L. HAIR,
RICKY L. HAIR,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2001 -6446 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
_ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(¢) OF THE DIVORCE CODE
t. I consent to the entry ofa fmal Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: ~-/~ ,2003
RICKY l~. HAIR
Defendant
SHERRY L. HAIR,
RICKY L. HAIR,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: 2001 -6446 CIVIL TERM
:
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 13, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint. ·
3. I consent to the entry ora final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are tree and correct. I understand that
false statements herein made are subject to the penalties of 18 P,a. C. S. Section 4904 relating to
unswom falsification to authorities.
Date: ~/~ ,2003
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsvlvanis~
Co./City/Dist. of CUMBERLAND ~-~ ~C2~--[ Q~O
Date of Order/Notice 08/06/03 C:~ ! -~.~
Tribunal~Case Number~See Addendum for case summary) ·
qO I Oto
0o12'5%
n§inal Order/Notice
(~) ^mended Order/Notice
O Terminate Order/Notice
Employer/Withholder's Federal EIN Number
EICHELBERGER CONSTRUCTION INC
PO BOX 459
124 W CHURCH ST
DILLSBURG PA 17019-1232
RE:HAIR, RICKY L.
Employee/Obligor's Name (Last, First, MI)
~-9'~ -46-2254
Employee/Obligor's Social Security Number
405300003!
Employee/Obligor's Case Identifier -
(See Addendum for plaintiff names
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.
$ 537.34 per month in currant support
$_ 48.52 per month in past-due support Arrears 12 weeks or greater? Oyes (~) no
$- 0. oo~per month in medical support
$ o. oo per month for genetic test costs
per month in other (specify)
for a total of $
585.86 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:
$ _ ].35.2 Q per weekly pay period.
$ -- 270.40 per biweekly pay period (every two weeks).
$_ 292.93 per semimonthly pay period (tWice a month).
$ -- 585.86 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 SCDU
Send check to: Pennsylvania SCDU, 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 NU~Efl,/~.C~R~,~T.~O BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Date of Order: AUG 0 7 ~f~3
Service Type
o.~B ~o.; 09z0-0:s4 Form EN-028
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
m o ee Ifyo remployeewor sinastatetha is
· rovidea o y of this form to you~ Y ' venifthe~oxisnotche~:tked-
[] If checke~J you are requ?e~d, to p~.~ ,k;, ,,,,~,P a cony must be prowC~J:~° your em~¥oryee e
different trom the state tnm ~ssu~u ,,,,~ ,~,~,
1. We appreciate the voJunta~ 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.
· . _,_, .... /ommust
4.*-Ik~po~ir, g ~,heg~,, c, Dateo~, .~, ,_ ,~ ~ .... -,~,,~,~%--w'a~= 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·
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/obi'got s principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #10 below)
You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
6. Termination Notification:
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2516777000
EMPLOYEE'S/OBLIGOR'S NAME: HAIR, RICKY L-
EMPLOYEE'S CASE IDENTIFIER: 4053000033. ~ DATE OF SEPARATION!
LAST KNOWN HOME ADDRESS: -
NEW EMPLOYER'S NAME/ADDRESS: --
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.
6. 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 employeeJobligor'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 subiect 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. § 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.
1 1. 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.
if you or your employee/obligor have any questions,
Submitted By:
~DOMESTIC RELATIONS SECTION
~i~ N. HANOVER ST
P.O. BOX 320
~ARLISLE PA 1701 3
contact
WAGE ATI'ACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at ~L~L2,~)~2,-4J]~ or
by internet www.childsupport-state.pa'us..
Form EN-028
Worker iD $IATT
Page 2 of 2
Service Type M OM~ NO.: 0970-0154
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HAIR, RICKY L.
PACSES Case Number 205104790
Plaintiff Name
SHERRY L, ~AIR
Docket ~,ttachment Amount
01-6446 CIVIL $ 259.00
Child(ren)'s Name(s):
DOB
PACSES Case Number 401000062
Plaintiff Name
LOU A. }{AIR
Docket Attachment Amount
1238 S 92 $ 326.86
Child(ren)'s Name(s):
CODY ~L%IR
Dog
[] If checked, you are required to enroll the ch d ren)
identified above in any health nsurance coverage available
through the employee's/obligor's employment.
~]lf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.o0
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.oo
Child(ren)'s Name(s):
DOB
I--hf checked, you are required to enroll the child(ten)
identified above in any health insurance coverage available
through the empioyee's/obligor's employment.
.PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.00
Child(ren)'s Name(s):
DOB
~]lf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.o0
Child(ren)'s Name(s):
DOB
L-11f checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
r-]if checked, you are required to enroll the child(ten)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Service Type M Form EN-028
OMB No.: 0970-0~S4 Worker ID $ IATT
SHERRY L. HAIR,
Plaintiff,
RICKY L. HAIR,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO: 2001-6446
:
: CIVIL ACTION - LAW
:
: IN DIVORCE
:
CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of MANCKE,
WAGNER and SPREHA, do hereby certify that on this date a copy of
the COMPLAINT IN DIVORCE was served upon the following person and
in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by
depositing the same in the United States mail, Harrisburg,
Pennsylvania, certified, restricted delivery, return receipt
requested, and addressed as follows:
Mr. Ricky L. Hair
1342 W. Trindle Road
Carlisle, PA 17013
DATE: 11/20/01
By
Debra K. SpinHer, Secretary
~gtNCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorney fo]: Plaintiff
01/10/02 16:03 CCM HOSTFAX SAN MAT pl /1
UNITED STATES
POST/JL SERVICE
Date: 01/10/2002
Fax Transmission To: ANTHONY BOSAK
Fax Number: 717-243-5990
Dear ANTHONY BOSAK:
The following is in response to your 01/10/2002 request for delivery information on
your Certified item number 70001670000211354694. The delivery record shows that this
item was delivered on 11/20/2001 at 11:47 AM in CARLISLE, PA 17013, The scanned image
of the recipient information is provided below,
Signature of Recipients' ." ,...,,~.,~ --,~u,.., __.
Address of Recipient:
Thank you for selecting the Postal Service for your mailing needs. If you require
additional assistance, please contact your local Post Office or postal representative,
Sincerely,
United States Postal Service
SHERRY L. HAIR,
RICKY L. HAIR,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 2001-6446
: CIVIL ACTION - LAW
: 1N DIVORCE
TO THE PROTHONOTARY:
Please withdraw Counts I, II, and III of PlaintiW s Comp]aim.
Respectfully submitted,
Mancke, Wagner
p. Rie~lr'C~agn~r, Esquire
2233 Nortlh Front Street
Harrisburg; PA 17110
(717) 234-,7051
Attorneys for Plaimiff
Date:
SHERRY L. HAIR,
RICKY L. HAIR,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: C1VIL ACTION - LAW
:
: 2001 -6446 CIVIL TERM
:
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 13, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed fi.om the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: ~/~ff~ ,2003
SHERRY L. HAIR,
RICKY L. HAIR,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: 2001 -6446 CIVIL TERM
:
· IN DIVORCE
WAIVER OF NOTICE OF INTENTION' TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division ofproperty¢ lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divomed until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately al~ter it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are tn~e and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: ~//2/Z9 .~ ,2003 SH~-I~RY L. H~IR
Plaintiff
SHERRY L. HAIR, :
Plaintiff :
vs.
RICKY L. HAIR, :
Defendant :
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01 - 6446 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this ~ day of ~ ,
2003, the economic claims raised in the ]proceedings having been
resolved in accordance with a marriage settlement agreement
dated July 18, 2003, 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:
p. Richard Wagner
Attorney for Plaintiff
Douglas G. Miller
Attorney for Defendant
Georg~
JUN-Z~-E. OO~ OS:O§PM FROM-IRWIL WCKNIC, HT & HUGHES LAW OFFICES +717Z498~S4 T-OZ1 P004/015 F-387
MARRIA GE SE TTLEMENT A GRE EMENT.
S1TERRY L. HAIR, ~er~.inafcer refer~ed to as WIF~-'~ and RICKY L. HAIR, (h,.remaf~er
referred to ~ "HUSB.4,ND").
WITNESSETH:
W'FIZREAS, HUSBAND and ~ were law'fully married on June 28, 1997, in Now
Kingston, Cumberland County, Pennsylvania, and separated on or about June 25, 2001; and
WEOgREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to ii[ye separate and apart for the rest
of their natur~ lives, and the parties hereto ~re desirous of settling fully and finally their
respective financial and property r/ghts and obligations as between each other, including, but not
limited to the settling of all matters between them relating to the ownership and equitable
distribution of real and .personal property, the settling of all cl..ms and possible claLrns by one
against the other or against their respective estates, and the equitable distribution of property and
alimony for each party.
The pm'ties hereto agree and covenant as follows:
The parties intend to ma/ntain separate and permanent domiciles and to live apart from
each other. It is the. intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while r_hey continue to live apart from each other.
jUN-~&ZO03 OS:IOPM FROM-)RWIN, MCKNIGHT & HUGHES LAW OFFICES +?172498354 T-OZI PGOS/Ol) F-3B7
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and fight standard, with due regard to the rights of each paty. It is the intent
of the parties ~.at such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
Further, the parties agree to continue living separately and apart from the other at any
place or plaoes that he or she may select as they have heretofore: been doing. Neither party shall
moIest, harass, annoy, injure, tkreaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem adv/sable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
The consideration for this contract end agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the panics, and the parties intend to be legally b~und hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:.
JUN-.Z4-ZOO3 OS:IOPM FROM-iRWIN, MCKNISHT & HUGHES LAW OFFICES +TI724~i;354 T-021 P.000/015 F-38T
(i) Is represented by counsel of his or her ow~t choosing, or if not represented by
counsel, understands that he or she has the right to counsel: WIFE is represented
by P. Richard Wagner, Esquire, of Mancke, Wagner, Tully & Spreha; HUSBAND
is r~presanted by Douglas O. Miller, Esquire of Lrwin, McKniglat & Hughes;
(2) ls fu!ly and completely informed of the facts r~lating to the subject matter of
this Agreement and of the rights and liabilities e.fthe parties;
(3) Is entering into this Agreement voltmtaAly after receiving the advice, of
counsel or a~er choosing not to consult an attorney;
(4) Has given careful and mature thought to the making of tkis Agreement;
(5) Has carefully read each provision of this Agreement; and
(6) Fully and completely ~nderstands each provision of this Agreement, both as
to the subject maser and legal effect of each provision.
This Agreement shall become effective immediately as of the date of execution.
It is the purpose and intent o£LMs Agreement to settle £orever and completely tee interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the ?ermsylvania Divorce Code, Title 23, Seetiun 401(e), and
that is refarred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the fights of eael~ parry. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
Froperty not constituting a part of the marital estate.
JUl~-~4-zuU) 05:IOPU FEO~)RWlN, MCKHIGHT & HUGHES LA~ OFFICES +T172498SE4 T-OZ] PO0?/O)5 F-357
It is the filrther purpose of this Agrecm~'nt to setUe forever and completely any obligation
under the Permsylvania Divorce Code relating to spousal suppo)t or alimony.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to wh/ch any proper~y is subject. Each party
further represents that he or she has made a full a~d fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further r~resents
and warrants that he or sho has not made any giRs or transfer,; for inadequate consideration of
Marital Property without thc prior consent of the other.
-Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on beha].£ of either or both Parties during
manTi.'age.
REAL ESTATE: WIFE agrees to waive all right, title and interest which she may have
in the marital property located at 1343 West Trindle Road,. Carlisle, Cumberland County,
Pennsylvania, 17013 and any improvements thereon to HUSBAND and releases all claims which
she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to
pay any outstanding payments on any mortgages on said property, as well as all real esta;e taxes,
insurance, and any maintenance and repair costs, and hold WIK. E han'nless fi-om any obligations
on said payments and indertmify her if any claim is made against her.
SU'PPORT: Followhg the execution of this Agreement, it is the mutual desire of the
parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente
lite, or any other financial support to WIFE, mad that WIFE will not be required to pay spousal
support, alimony, alimony pendente lite, or any other finv_ncia! s'_,ppo~ to ttLtSBAND. It is
recognized that HUSBAND is currently paying alimony pendertte lite to WIFE through ar, order
with the Cumberland CoUnty Domestic Relations Office. Thee parties agree that ItllSBAND
shall remain respons.ible for the payment to WIFE of any arrearage mounts existing on June 30,
2003. Any charges or withholdings from HUSBAND occurring after 3'uno 30, 2003 shall either
be credited to the arrearage amotmt existing on June 30, 2~)03, or, in the event there is no
arrearage mount, refunded to FIUSB.M~.'
PERSONAL PROPERTY: The parties agree that with the exception of dinette set in
the dining room of the marital residence, the personal prope~? has been divided to the parties'
mutual satisfaction. WIFE shall retrieve the dinette set from HUSBAND within thirty (30) days
of the date of this Agreement, md HUSBAND agrees ~Sth suffi¢ient advance notice to make the
marital residence available at a reasonable time for that purpose. WIFE hereby waives all right,
title and interest wkich she may have in any other personal property of the ItUSBAND.
ItUSIIAND likewise waives any right, title and interest which he has ia the personal property of
WIFE. Subject to the above exception, each of the parties shall own, have a~d enjoy
independently of any claim or right of the other party, all items of personal property of eve~
kind, nature and description and wherever situated, which are then orated or held by or which
may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to
dispose oft-he same as fully and effectually, inall respects and for ali purposes as ifhe or she
were unmarried.
10.
.~,UTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that
ItUSBA1N'I) currently owns or may own in the future, and ~grecs to execute all documents
necessary to transfer rifle of any jointly titled vehicles that ttlISBAND may own within thirty
(30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability
associated with the use and purchase of any vehicle he may owe, and shall be solely responsible
for all insurance and other fmamci, al responsibility associated with said vehicle. HUSBAND
hereby Waives all right, title and interest in any vehicle that WIldE currently owns or may own in
the future, particularly that 1993 Ford Explorer being used by WIFE. HUSBAND hereby
waives all right, title and interest in any vehicle that WIFE m~ently owns or may own ha the
future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles
that WIFE may own within thirty (30) days of this Agreement. WIFE shall hold HUSBAND
harmless for any and all liability associated with the use and purchase of any vehicle she may
own, and shall be solely responsible for all insurance and other financial responsibility associated
with said vehicle.
II.
MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE
shall assume all liability for and pay and indemnify the HUSB.~Nq) against all debts incurred by
WIFE after the date of separation. WIFE represents and ~vm:ants to HUSBAND that since the
parties' ra arital s epa. ration s he ha s no t contractcd o r inc urrert a ny de bt o r liability for which
ltlJSBANI) or his estate might be responsible and ~,5~iFE fiarther represents and warrants to
............ ,,r. r~uM-I~WIN, MCKNIGHT & HUGHES LAW OFFICES +T17Z496554 T-OZI F.OIO/Ot5 F-38T
HUSBAND that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HL'SBAND or his estate might be responsible. W~IFE shall indemnify
and save HUSBAND harmless from any and all claims or demands made against him by reason
of debts or obligations incurred by her.
I-[USBAND shall assume all liability for and pa>, and indcmni~ the WIFE
against all debts incurred by IIUSBAND after the date of separation. I,IIJSBAND represents and
warrants to WIFE that since the parties' marital separation he has not contracted or incurred any
debt or liability for ~hich WIFE or her estate might be responsible aud ItlJSB~ further
represents and warrants to WIFE that he will not contract or :recur any debt or liability after the
execution of this Agreement, for which WIFE or her estate .raight be responsible. I:IIJSBAND
shall indemnify and save WIFE harmless {rom any and all claims or demands made against her
by reason of debts or obligations incurred by him.
12.
INSURA. NCE AND EMPLOYEE BENEFITS: The partie~ agree that any life
insurance policies on the life of I-IUSB.4~ND or WIFE or any other eml~]oyee benefits, including
but not limited to retirement, profit sharing ar medical benefits, of either party, shall be their own.
Notwithstanding the above~ FIUSBAND agrees to equally divide with WIFE his Individual ~
with Legg Mason Wood Walker, Inc., Accou.ut # 360-70800,. which as of June 30, 2001, was
valued at $18,954.74. One-halfofthat valmtion is $9,477.37, and to effectuate the division, the
parties agree that WIFE md/or her legal counsel shall prep~re the necessary QDRO or other
paperwork with such language and in such manner as may be required by the account manager.
IITTSBAND agrees to execute all documents necessary to effec'mate the above division.
7
BENEFITS. STOCK AND BANK ACCOUh~f.~: WIFE a~ees to waive ail fight, title
a~d interest which she may have/n the savings or checking or ~y other ~ accounts of ~e
~'SB~ ~d likewise HUSB.~ND a~ees to wdve ~1 ~t, t/tlc ~d ~terest which he may
have in ~e sav~ or chec~g or ~y o~er b~ ~co~ of WIFE.
DIVORCE: T~e parties both agree to cooperate with each other in obtaining a tlnal
divorce of the marriage. It is agreed that the parties w/Il exec:ute and file the consents necessary
to obtain the divorce. Any party who faSls to cooperate with ubtairdng the Divorce sha~l pay all
the costs a~d legal fees of the party who is seeking the divorce.
15.
BREACI-I: It' either party breaches any provisions of fl-ds Agreement, the other party
she/1 have the right, at his or her election, to sue for damages t~r such breach or seek such other
remedies or relief as may be available to him or her, ~ad the party breaching this contract sIaaIl be
responsible for payment of legal fees and costs incurred by the other in enforcing their fights
under this Agreement.
16.
_ADDITIONAL INSTRUMENTR: Each of the parties sha[l from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonabty required to give full force and effect to the provisions of this
A~eernant.
............... ,...,n, ~r~la~l $ HU~HE$ LAW OFFICE~ +T1724963!i4 T-OZI P.D3Z/O~5 F-3S7
17.
VOLUNTARY EXECUTION: The provisions of th. is Agreement and their legal effect
have been rally expla~ed to the parties by their respective counsel, are fully understood by both
parties, and each party azknowledges that the Agroement is f~ir and equitable, that it is being
entered into voluntarily, and that it is not the resul~ of any duress or undue influence. It ts the
parties' iht cut t hat t his Ag reement do es no t merge with t he Divorce Decre¢, b ut rather shall
continue to have independent contractual significance. Each party maintains his or her
contractual remedies .or any ether remedies provided by law or statute. Those remedies shall
include, but not.bt limited to, damages resulting from breach of this Agreement, specific
enforcement of this Agreement and remedies pertaining to failure to comply with an order of
court or agreement pertaining to equitable ciistribution, alimor~.y, alimony pendentc lite, counsel
fees and costs as set fog& in the Pennsylvania Divorce Code or other similar statutes now in
effect and as amended or hereat~er enacted.
18.
ENTIRE AGREEMENT: This Agreement contain.,; the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
APPLICABLE LAW:
Commonwealth of Pennsylvania.
19.
This Agreement shall be construed under the La'ws of the
20.
pRIOR AGKE£M'ENT_S~: It is understood and a~recd that any and all property
settlement a~eements which may or have been executed prior to the data and time of this
A~reement ire null and void and of no effect.
21.
pAYMENT OF COSTS_'. Each party shall be responsible for their own attorneys fees
and costs incurred in the settlement of the divorce and economiz issues surrounding uhis divorce.
22.
WAIVER OF CLAIMS AGAL~ST ESTATE_S: Exzep~ as herein otherwise provided,
each party may dispose of his or h~r property in any way, :md each party hereby waives and
relinquishes any and all rishts he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in th~ property or the estate of the other as a result of the
marital relationskip, including without Iimkaxien, dower, courtesy, statutory allowance, widow's
~[lowanoe, right to take in intestacy, right to take against the Willofthe other, fred ri2,ht to act as
administrator or executor of th~ other's estate, and each will, at the request of th~ other, execute,
acknowledge and deliwr any and all insmunents which may be n~essary or advisable to carry
into effect this mutual waiwr and relinquishment of all such interests, fights and claims.
[TI'rE ILEMAE~'DEK OF THIS pAGE HAS BEEN INTF. NTIONALLY LEFT BLANK]
I0
T-O~ P.ON/OI5 F-~B?
IN WITNESS WHEREOF, the panics hereunto have set their hands and seals the day
and year first above written.
WITNES$~ES~
$I-~IZR¥ l~flti~IR (SEAL)
~CK~. HAIR _ (SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF _
: SS:
:
PERSONALLY APPEARED BEFORE i~E, tNs
day of ~ __
2003, a Notary Public, in and for the Cormmonwealth ~of 2m-msyivania and~ C~u~y o~
Cumberland, SHERRy L. HAIR, known to me (or satisfaeto~ly proven) to be the person whose
nm-ne is subscribed to the within Marriage Settlement Agreement, and acknowledges that she
executed the same for the purposes therein contained.
IN W/TNESS WHEREOF, I have hereunto set my hand and official seal.
CO-~IONWEALTH OF PENNSYLVANIA :
COUNTY OF CUM-BERLAND : S'~',:
PERSONALLy APPEARED BEFORE ~'~F., this day of
2003, a Notary Public, '/n and for ~Ee Can'nmonwealth of Pennsylvan/~ and~2ounty o[
Cumber/and, RICKY L, HAIR, known to me (or satisf~,~.:orfly proven) to be the person whose
name is subset/bcd to thc withe M an/age Settlement A;g reernent, a nd acknowledges t hat he
executed the same for the purposes therein contained.
IN V¥]TNESS WHEREOF, I have hereunto set my hand and o~oial seal.
I~Mattha L. Neel, No
12
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania /-/DJ ~ 2(~)~ /~-~'~)~'~q0C)OriginalOrder/N°tice
Co./City/Dist of CUMBERLAND /~_.~,~.~' i~ (~) AmendedOrder/Notice
Date of Order/Notice 08/26/03 /~,t- ~('~'(~1~,'~ O Terminate Order/Notice
Tribunal/Case Number (See Addendum/or case summary)
EmployerA, Vithholder's Federal EIN Number
EICHELBERGER CONSTRUCTION INC
PO BOX 459
124 W CHURCH ST
DILLSBURG PA 17019-1232
RE: HAIR, RICKY L.
Emp[oyee/Obligor's Name (Last, First, MI)
191-46-2254
Employee/Obligor's Social Security Number
4053000031
Employee/Obligor's Case Identifier
(See ,4 ddendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERI~ND County, Commonwealth of Pennsylvania. By law, you am 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.
$ 303.34 per month in current support
$ o. oo per month in past-due support Arrears 12 weeks or greater? C)yes (~) no
$ o. oo per month in medical support
$ 0. oo per month for genetic test costs
$ per month in other (specify)
for a total of $ 303.34 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:
$ ?o. 00 per weekly pay period.
$ 140.00 per biweekly pay period (every two weeks).
$ 151.6'7 per semimonthly pay period (twice a month).
$ 303.34 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 SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Ohligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COUI
Date of Order: ~1~6 2 1~
Form EN-028
Service Type M OM~No:09?0~01J4 Worker ID $IATT
ADDITIONAL INFORMAHON TO EMPLOYERS AND OTHER W~THHOLDERS
[] If hecke ou are re uired to provide a copy of this form to youremployee. If your employee works in.a state thatis
di~erent ~oYmc the stateq that issued this order, a copy must be provided to your employee even if the box ~s 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 Eederal tax levies in effect please contact the requesting
agency listed below.
3. Combining Payments: You can combine withheld amounts from more than one empJoyee/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.
........................ You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the bme 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 #10 below)
6. 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.
WITHHOLDER'S ID: 2516777000
EMPLOYEE'S/OBLIGOR'S NAME: HAIR, RICKY L.
EMPLOYEE'S CASE IDENTIFIER: 4053000031 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
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 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 (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
1 :~ N. HANOVER ST
P.O. BOX 320
CARLISLE PA 1 701 3
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (71 7) 240-6248 or
by internet www.chitdsupport.state.pa, us
Page 2 of 2 Form EN-028
Worker ID $IATT
Service Type M OMB NO: 097043154
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HAIR, RICKY L.
PACSES Case Number 401000062
Plaintiff Name
LOU A. ~AIR
Docket Attachment Amount
1238 S 92 $ 303.34
Child(ren)'s Name(s):
DOB
I--Jif checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
['-hf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
ii?ii i iiiiiiiiil iilii
[] If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): Dog
:
!
[] If checked, you are required to enroll the child(ren}
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
ii!!
[] If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(rer~)'s Name(s): DOB
[] if checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum Form EN-028
Service Type M OMBNO.:09700154 Worker ID $IATT
In the Court of Common Pleas of cUMBERLAND
DoMESTIC RELATIONS SECTION
SHERRY L. HAIR
RICKY Ia. HAIR
Plaintiff
Defendant
County, Pennsylvania
) Docket Number
)
) PACSES Case Number
)
) Other State ID Number
01-6446 CIVIL
205104790
ORDER
26TH DAY OF AUGUST, 2003 IT IS HEREBY
O Vacated or O Suspended or
AND NOW, to wit, on this
ORDERED that the support order in this case be
1~) Terminated without prejudice or C) Terminated and Vacated,
effective JULY 1, 2003 , due to:
T~E pARTIES' MARRIAGE SETTLEMENT AGREEMENT OF JULY 18, 2003. THERE IS A
BALANCE OF $77.02 OWED TO THE pLAINTIFF AND WILL BE PAID OFF WITH THE CURRENT
WAGE ATTACH~lqT AND THE DIFFERENCE WILL BE REFUNDED TO TEE DEFENDA/qT-
DRO: RJ sh~dday
xc: plaintiff
defendant
p. Richard wagner, Esquir~
Douglas Miller, Esquire
Kevin A. Hess
~UDGE
Service Type M
Form OE-504
Worker ID 2 3_ 0 0 5
SHERRY L. HAIR,
RICKY L. HAIR,
PlaintS,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2001-6446
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT Tile RECORD
TO THE PROTHONOTARY:
TRANSMIT the record, together with the following information, to the Court for entry of
a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c), 3301(d) of the
Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the Complaint: November 20, 2001, by certified mail,
restricted delivery, return receipt requested.
3. (Complete either paragraph (a) or (b):
(a)
Date of execution of the Affidavit of Consent required by Section 3301(c)
of the Divorce Code: By Plaintiff 08/12/03
By Defendant: 07/18/03
Co) (1)
Date of Execution of the Plaintiff's Affidavit required Section
3301(d) of the Divorce Code:
(2) Date of service of the Plaintiff's Affidavit unto the Defendant:
4. Related claims pending: None
5. Indicate date and manner of service ofthe Notice of Intention to File Praecipe to
Transmit the Record, and attach a copy of said Notice)~er Section 3301 (d) (1Xi) of the
Divorce Code:
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE Of ~_ PENNA.
NO. 6446 2001
VERSUS
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
SH]~J~f L. HAIR
, IT iS OrDERed AND
, PLAINTIFF,
AND i~C~Z L. HAIR , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
Yet BEEN ENTERED;
NO~/E
By ThE COURT:
AT J.
~//~~lrOT h O N OTa ry