The URL can be used to link to this page

Home My WebLink About08-2715IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KEVIN E. MAJOR, PLAINTIFF, Civil Action---Divorce Docket No. 0&- 1115 011jit lerl.6% V. LESLIE E. MAJOR, . DEFENDANT, NOTICE TO DEFEND AND CLAIM OF RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, Pennsylvania 17101 Phone: (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KEVIN E. MAJOR, PLAINTIFF, Civil Action---Divorce Docket No. V. LESLIE E. MAJOR, DEFENDANT, AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary,. en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 Phone: (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse,1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW 7 West Main Street Mechanicsburg, Pennsylvania 17055 Phone: (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KEVIN E. MAJOR, PLAINTIFF, Civil Action---Divorce Docket No. o F- .7 ?1,!r V. LESLIE E. MAJOR, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Kevin E. Major, an adult individual, sui juris, who currently resides 184 Simmons Road, Mechanicsburg, 17055, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Leslie E. Major, an adult individual, sui juris, who currently resides 184 Simmons Road, Mechanicsburg, 17055, in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4=st 4. The parties were married on 1St, 1987, in the County of Cumberland, Commonwealth of Pennsylvania. 5. The Plaintiff is not in the military service of the United States within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this or any other State or Commonwealth. COUNTI GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since March 31St, 2008.. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do not have any biological children born within or outside of the marriage. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. COUNTI PETITION FOR EQUITABLE DIVISION DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 15.The averments of paragraphs 1 through 13 are incorporated herein by direct reference thereto as if set forth verbatim. 16. The parties are the owners of various items of personal property and real property which qualifies as marital property as defined in Section 401 of the 1980 Divorce Code. 17. Such marital property includes both real and personal property as well as other intangible property thought to exist, including but not limited to pensions, retirement plans. 18 Such property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) equitably divide, distribute and assign all of the parties' marital property: (b) enjoin Defendant from transferring or encumbering any marital property during the pendency of this action. GREGORY S. HAZLE'TT, ESQUIRE ATTORNEY & COUNSELOR AT LAW Att ey for Plaintiff est Main Street Mechanicsburg, Pennsylvania 17055 Phone: (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unworn falsification to authorities. Kevin E. Major, Plaintiff Date: 2, 6B c> fA- C 7 C=a - C:U 71irl -'r." 00 co f'7 Y Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 - Fax IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Kevin E. Major, ) Civil Action - :Law Plaintiff, ) vs. ) No. 08-2715 -Civil Term Leslie E. Major, ) Defendant, ) In Divorce a v.m. NOTICE TO PLEAD To: Kevin E. Major, Plaintiff: You are notified to file a written response to the attached Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. WALKER, CONNOR & JOHNSON, LLC By: N IAlha B. Walker, Esquire Attorney I.D. #15989 33 South Main Street Chambersburg PA 17201 (717) 262-2185 Attorney for Defendant Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 - Fax IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Kevin E. Major, ) Civil Action - Law Plaintiff, ) VS. ) No. 08-2715 -Civil Term Leslie E. Major, ) Defendant, ) In Divorce a v.m. COUNTERCLAIM The Defendant, Leslie E. Major, makes the following counterclaim against the Plaintiff, Kevin E. Major. COUNT ONE ALIMONY 1. Defendant incorporates by reference the allegations contained in Paragraphs through 18 inclusive of Plaintiff's Complaint, as fully as though set out at large herein. 2. The Defendant is without sufficient property to provide for her reasonable needs, and is unable to adequately support herself through her employment. 3. The Defendant cannot support and maintain herself in the style she was maintaining prior to the separation of the Plaintiff and Defendant without continued financial assistance from Plaintiff. WHEREFORE, pursuant to Section 3701, et seq., of the Divorce Code, "Alimony", Plaintiff respectfully requests your Honorable Court to require the scheduling of a hearing to determine Plaintiff's entitlement to alimony, and if so, the amount. COUNT TWO ALIMONY PENDENTE LITE CONSEL FEES AND EXPENSES 4. Defendant incorporates by reference the allegations contained in Paragraphs through 18 inclusive of Plaintiff's Complaint, as fully as though set out at large herein. 5. The Plaintiff has refused to enter into any reasonable and fair Property and Separation Agreement and Defendant will incur substantial legal fees in that regard. 2 I 6. Furthermore, the resolution of the issues raised by this Counterclaim will require Defendant to incur considerable additional expenses and costs. 7. The Defendant is without sufficient means to adequately support herself and to meet the costs and expenses of this litigation and is unable to maintain herself during the pendency of this action. WHEREFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses", Defendant respectfully requests your Honorable Court to require the scheduling of a hearing to determine Defendant's entitlement to alimony pendente lite, counsel fees and expenses, and if so, the amount. WALKER, CONNOR & JOHNSON, LLC 01 Oartha B. Walker, Esquire Attorney I.D. 415989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Defendant I verify that the statements made in this Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: sy Leslie E. Major, Defendant 3 (--:,1 '0^ 70 a {„? ?-.] gat T Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 (717) 262-2187- Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin E. Major, ) Civil Law-Action Plaintiff/Respondent, ) Docket No.: 08-2715-Civil Term vs. ) PACSES Case No: Leslie E. Major, ) Defendant/Petitioner, ) PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Leslie E. Major, resides at 184 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania. Petitioner's date of birth is May 22, 1957. 2. It is unknown as to where Respondent, Kevin E. Major, resides. His last-known mailing address is 184 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania. Respondent's date of birth is January 30, 1956. 3. (a) Petitioner and Respondent were married on July 1, 1987 in Mechanicsburg, Cumberland County, Pennsylvania. (b) Petitioner and Respondent were separated in March of 2008. (c) Petitioner filed a Counterclaim to the divorce action on May 16, 2008. Said Counterclaim raised the issue of alimony pendente lite. A fee of $26.00 for said count of alimony pendente lite was paid on the aforementioned date. 4. Petitioner and Respondent are the parents of the following children born of the marriage: N/A. 5. Petitioner seeks support for the following persons: Petitioner, Leslie E. Major. 6. (a) Petitioner is not receiving public assistance. (b) Petitioner is receiving no additional income. 7. No previous Order has been entered against the Respondent in an action for the support of Petitioner. 8. Petitioner has received a total of $120.00 from Respondent since separation. 2 WHEREFORE, Petitioner requests that an Order be entered against the Respondent and in favor of Petitioner for reasonable support and medical coverage. I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date Leslie E. Major, Petitioner Guidelines for child and spousal support and for alimony pendente lite have been prepared by the Court of Common Pleas and are available for inspection in the Office of the Domestic Relations Section, Chambersburg, Pennsylvania. 3 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland Countyy Prothonotary's Office Carlisle, Pa 17013 MAJOR KEVIN E (VS) MAJOR LESLIE E Case Number 2008-02715 Received of PD ATTY WALKER DKB Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ 52.00 Check# .00 .00 $52.00 Receipt Date 5/16/2008 Receipt Time 12:37:13 Receipt No. 209139 1153 Distribution Of Payment Transaction Description Payment Amount ADD'L COUNTS 16.00 CUMBERLAND CO GENERAL FUND JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROL ADD'L COUNTS 16.00 CUMBERLAND CO GENERAL FUND JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROL $52.00 Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187- Fax IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Kevin E. Major, ) Civil Action - Law Plaintiff, ) vs. ) No. 08-2715 - Civil Term - -?-', Leslie E. Major, Defendant, ) In Divorce a v m 0-1 J C-7, . . ' -.' r NOTICE TO PLEAD To: Kevin E Major Plaintiff: ?.? . , ...? You are notified to file a written response to the attached Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. WALKER, CONNOR & JOHNSON, LLC By: ML4rtha B. Walker, Esquire Attorney I.D. #15989 33 South Main Street Chambersburg PA 17201 (717) 262-2185 Attorney for Defendant Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187- Fax IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Kevin E. Major, ) Civil Action - Law Plaintiff, ) vs. ) No. 08-2715 -Civil Term Leslie E. Major, ) Defendant, ) In Divorce a v.m. COUNTERCLAIM The Defendant, Leslie E. Major, makes the following counterclaim against the Plaintiff, Kevin E. Major. COUNT ONE ALIMONY 1. Defendant incorporates by reference the allegations contained in Paragraphs 1 through 18 inclusive of Plaintiff s Complaint, as fully as though set out at large herein. 2. The Defendant is without sufficient property to provide for her reasonable needs, and is unable to adequately support herself through her employment. 3. The Defendant cannot support and maintain herself in the style she was maintaining prior to the separation of the Plaintiff and Defendant without continued financial assistance from Plaintiff. WHEREFORE, pursuant to Section 3701, et seq., of the Divorce Code, "Alimony", Plaintiff respectfully requests your Honorable Court to require the scheduling of a hearing to determine Plaintiff s entitlement to alimony, and if so, the amount. COUNT TWO ALIMONY PENDENTE LITE CONSEL FEES AND EXPENSES 4. Defendant incorporates by reference the allegations contained in Paragraphs 1 through 18 inclusive of Plaintiff s Complaint, as fully as though set out at large herein. 5. The Plaintiff has refused to enter into any reasonable and fair Property and Separation Agreement and Defendant will incur substantial legal fees in that regard. 2 6. Furthermore, the resolution of the issues raised by this Counterclaim will require Defendant to incur considerable additional expenses and costs. 7. The Defendant is without sufficient means to adequately support herself and to meet the costs and expenses of this litigation and is unable to maintain herself during the pendency of this action. WHEREFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses", Defendant respectfully requests your Honorable Court to require the scheduling of a hearing to determine Defendant's entitlement to alimony pendente lite, counsel fees and expenses, and if so, the amount. WALKER, CONNOR & JOHNSON, LLC By: a B. W Vart alker, Esquire e Attorney I.D. 415989 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 Attorney for Defendant I verify that the statements made in this Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Date: ?I Leslie E. Major, Defendant 3 KEVIN E. MAJOR, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-2715 CIVIL TERM LESLIE E. MAJOR, IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 126110044 ORDER OF COURT AND NOW, this 21st day of May, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on May 29, 2008 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Martha B. Walker, Esq. Gregory S. Hazlett, Esq. Date of Order: May 21, 2008 41"., t-"e Shr day, nference officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ?, ! -? N CD Vo -n -C KEVIN E. MAJOR, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-2715 CIVIL TERM LESLIE E. MAJOR, IN DIVORCE Defendant/Petitioner PACSES Case No: 126110044 ORDER OF COURT AND NOW to wit, this 29th day of May 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to an Order for spousal support being entered under PACSES #652110012 and docketed at 00380 S 2008. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Martha B. Walker, Esq. Gregory S. Hazlett, Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: ? ? ? r~ .7 C..?_ ':..._ , ? ... i`*.:` --*'? .,,... ?,,a ?;.-.-c .i . (? ?. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KEVIN E. MAJOR, PLAINTIFF, Civil Action---Divorce Docket No. 08-2715 V. LESLIE E. MAJOR, DEFENDANT, PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM NOW COMES, Defendant by and through his attorney Gregory S. Hazlett, Esquire Answers as hereinafter follows the Defendant's Counterclaim. COUNT ONE ALIMONY 1. No response to the extent this paragraph incorporates paragraphs by reference that precede it. 2. DENIED: There is sufficient real and personal property the equity of which, when apportioned as between the parties is more than sufficient for the defendant to fulfill her reasonable needs. Additionally, the defendant avers that she cannot retain employment, of any kind which is inaccurate to the extent that albeit she may be unable to occupy her former employment position relative to that specific area of labor she certainly does possess the ability to procure employment of some kind to support herself. Notwithstanding defendant's allegations of a physical and mental incapacity, she has not heretofore made any effort to apply for Social Security Disability. Additionally defendant is now receiving Spousal Support the receipt of which will enable defendant to pay her ongoing monthly obligations. 3. DENIED: The defendant will be afforded the opportunity to support herself not unlike her current style within the marriage upon the equitable distribution of the real property and the proceeds derived there-from coupled with either employment related income or Social Security Disability income. WHEREFORE, plaintiff respectfully requests that the Court deny the defendant's request for Alimony. 4. No response to the extent this paragraph incorporates paragraphs by reference that precede it. 5. DENIED: To the contrary, the plaintiff has and continues to make every effort to propose to the defendant a fair and equitable division, of all real and personal property. Additionally, the plaintiff continues to pay the ongoing mortgage payment and spousal support obligation to which defendant benefits. 6. DENIED: The plaintiff is willing to propose a fair and equitable distribution of all real and personal property deemed marital in nature. To this extent it is unnecessary for the defendant to incur additional costs and expenses until such time that an offer has been made rejected and the issues are deemed incapable of resolution. 7. DENIED: For the reasons recited in the aforementioned the defendant has not afforded the plaintiff reasonable time within which to offer a proposed settlement but rather has retained and presumptively paid her counsel to file this counterclaim without affording the plaintiff an opportunity to resolve the underlying issues of which defendant complains remain unresolved. WHEREFORE, Plaintiff, requests that: the Court deny the defendant Counter-Claim request for Alimony Pendente Lite, compensation of costs, expenses and counsel fees. . Dated: GREGORY S. HAZLETT, ESQUIRE S. HazJW, ZKu ri e Ay6rney for Plaintfff/Counter-defers West Main Street Mechanicsburg, Pennsylvania 17055 Phone: (717) 790-5500 I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification to authorities. lf? Kevi . Major, Plaintiff Date: t m l WALKER, CONNOR & JOHNSON 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187-Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin E. Major, Plaintiff, ) Defendant, ) Civil Action -- Law vs. Leslie E. Major, No. 08-2715 -- Civil Term In Divorce a v.m. MOTION FOR APPOINTMENT OF MASTER Leslie E. Major, Defendant, moves the Court to appoint a master with respect to the following claims: (X) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support (X) Alimony ( X ) Counsel Fees (X ) Alimony Pendente Lite ( X ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by his attorney, Stephanie DiVittore, Esquire. 3. The statutory grounds for divorce are: 3301(c) and/or 3301(d). 4. The action is contested with respect to the following claims: divorce, equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take: one day. 7. Additional information, if any, relevant to the Motion: none. 2 WALKER, CONNOR & JOHNSON, LLC Date By: ?' ?1-e-_ rtha B. Walker, Esquire ourt I.D. #1.5989 ttorney for Defendant 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 I hereby certify that I have filed with the Prothonotary of Franklin County under Pa. R.C.P. 1920.31, 1920.33 and Local Rule of Court 39-1920.53: ( X ) Inventory and appraisement, and/ or (X ) Income and expense statement (X) The non-moving party may be contacted by his attorney, Stephanie DiVittore, Esquire. (X) Moving party has notified the non-moving party of the filing of this Motion (per the attached Certificate of Service). WALKER, CONNOR & JOHNSON, LLC Date: ct/ 8 4 9 By: 7Ak- ??a4!!t M rtha B. Walker, Esquire C rt ID # 15989 Attorney for Defendant 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 3 CERTIFICATE OF SERVICE I, Martha B. Walker, Esquire, hereby certify that on this _ y' day of April, 2009, I served a true and correct copy of the foregoing Motionl0rder for Appointment of Master at the address indicated below: Stephanie E. DiVittore, Esquire Rhoads & Sinon, LLP Twelfth Floor One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Chambersburg, PA, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County Facsimile service Certified/Registered Mail WALKER, CONNOR & JOHNSON, LLC 0 BY: c artha B. Walker, Esquire Attorney I.D. #15989 Attorney for Defendant 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 4 tr » 1. ?.,a S PY OF THE 2009 APP, 15 MlS:57 WALKER, CONNOR & JOHNSON, LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 - Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin E. Major, ) Civil Action - Law Plaintiff, } VS. ) No. 08-2715 - Civil Term Leslie E. Major, ) Defendant, ) In Divorce a v.m. INCOME AND EXPENSE STATEMENTOF DEFENDANT (Leslie E. Major) I , Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Please note: all correspondence must include the PACSES Case Number Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the supplemental income statement which appears on the last page of this income and expense statement) INCOME STATEMENT OF: LESLIE E. MAJOR I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 PA C.S. §4004, relating to unsworn falsification to authorities. R 1 Date INCOME: Employer: C) N Address: Type of Work: Payroll No. Gross Pay Per Period$ Pay Period(wkly./by-wkly./etc. Federal $ Social Security $ Local Wage $ Withholding Tax State Income $ Retirement $ Savings Bonds $ Tax Credit Union $ Life Ins. $ Health Ins. $ Other Deductions (specify) Net Pay Per Pay Period $? Service Type M Income and Expense Statement Name: Leslie E. Major Form IN-008 Worker ID 28204 Income and Expense Statement PACSES Case Number: (FILL IN Appropriate Column) OTHER INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other (Court-Ordered APL) $1,500.00 Other TOTALS $ $1,500.00 $ TOTAL INCOME $1,500.00 (however Husband is in serious arrears) (FILL IN Appropriate Column) EXPENSES: WEEK MONTH YEAR Home $ $ Mortgage/Rent $362.87 Maintenance $200.00 Association Fees $18.75 Utilities Electric $160.00 Gas Oil Telephone $50.00 Clothing $50.00 Service Type M Income and Expense Statement Form M-008 Worker ID 28204 *Deck needs painted, siding needs cleaned, outdoor faucet not working, kitchen sink and bathtub leak, electrical problem in basement, landscape issues. 2 Income and Expense Statement PACSES Case Number: (fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Water $11.00 Sewer $46.67 Trash $20.23 Employment Public Transportation Lunch Taxes Real Estate $150.00 Personal Property $11.00 Income Insurance Homeowners $44.14 Automobile $33.00 Life $25.00 (to be procured) Accident Health Other Automobile* Payments Fuel $120.00 Repairs $150.00 Medical Doctor $140.00 Dentist $30.00 Orthodontist Hospital $40.00 (owes $800.00) Service Type M Income and Expense Statement Form IN-008 Worker ID 28204 *1996; 123,000 miles; needs inspection; needs repairs. Income and Expense Statement PACSES Case Number: (fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Medicine $70.00 Special needs (glasses, braces, orthopedic devices) $60.00 Veterinarian $65.00 Education Private School Parochial School College Religious Personal $40.00 Clothing Food $480.00 Barber/Hairdresser $120.00 Credit Payments: Credit Card Charge Acct. Memberships Loans Credit Union Miscellaneous Household help $80.00* Child Care Papers/Books/Magazines $8.00 Entertainment $70.00 Pay TV $72.50 Vacation $200.00** Service Type M Income and Expense Statement Form IN-008 Worker ID 28204 *Needs help due to eyesight **Would like to take 4 Income and Expense Statement PACSES Case Number: EXPENSES (FILL IN APPROPRIATE Column) WEEK MONTH YEAR Gifts $50.00 Legal Fees Charitable Contributions $200.00 $40.00 Other child Support Alimony Payments Child Support Other TOTALS $3,218.16 TOTAL EXPENSES $3,218.16 PROPERTY DESCRIPTION VALUE OWN P OWNED W J Checking Accounts Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL INSURANCE COMPANY POLICY# Covera e* H W C Hospital Blue Cross Other Medical Blue Cross Other *H - Husband W - Wife C - Combined J -Joint Service Type M Form IN-008 Income and Expense Statement Worker ID 28204 OF T FE Pr OTIHO TARY 2009 AP 15 AIM 11: 58 WALKER, CONNOR & JOHNSON, LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187-Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin E. Major, ) CIVIL ACTION - LAW Plaintiff, ) V. ) No. 08-2715 - Civil Term Leslie E. Major, ) Defendant, ) In Divorce a v.m. INVENTORY OF DEFENDANT Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. i Leslie E. ajor, Defen a Date of Marriage: July 1, 1987 Date of Separation: March, 2008 t 1 ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificate of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal Property ( X) 15. Business (List all owners, including percentage of ownership, and officer/director positions held by a party with the company.) ( ) 16. Employment termination benefits - severance pay, workers' compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plan (indicate employee contribution and date plan vests) ( X) 19. Retirement plan, Individual Retirement Accounts. 2 ( ) 20. ( ) 21. ( ) 22. ( ) 23. Disability payments Litigation Claims (matured or unmatured) Military / V.A. benefits Education benefits ( ) 24. Debts due, including loans, mortgage held (X) 25. Household furnishings and personality (include as total category and attach itemized list if distribution of such assets in dispute) ( ) 26. Other 3 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date of this action was commenced: ITEM NO. DESCRIPTION OF PROPERTY NAME OF ALL QWNERS 1. 76 Persian Lilac Drive Husband & Wife Etters, PA 2. 184 Simmons Road Husband & Wife Mechanicsburg, PA 3. Chambers Hill, Inc. Husband & Dennis Major Chambers Hill Development LP 4. 401(k) H&H Chevrolet Husband 5. a. PNC Account (rental account) Husband & Dennis Major (acct. ending in #3315) b. PNC Account (acct. ending in #4440) Husband & Dennis Major 6. New England Securities Husband & Wife 7. Ameriprise Husband 8. Oppenheimer Fund SEP IRA Husband 9. AIM Investments Husband 10. a. 1935 Ford pick-up truck Husband b. 2001 Ford Focus Husband 11. Tool collection Husband 12. Met Life Insurance Husband (acct. ending in #0460) Cashed 3/6/08 $2,352.08 13. Member's 1 s` Credit Union Husband & Brenda K. Wahl Checking /Savings (acct. ending in #0730) 4 MARITAL PROPERTY - CONTINUED ITEM NO. DESCRIPTION OF PROPERTY 14. PNC (acct. ending in #6653) 15. Miscellaneous household goods and furnishings NAME OF ALL OWNERS Husband Husband & Wife NON- MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NO. DESCRIPTION OF PROPERTY NAME OF ALL OWNERS NONE 6 PROPERTY TRANSFERRED ITEM DESCRIPTION NO. OF PROPERTY DATE OF TRANSFER CONSIDERATION PERSON TO WHOM TRANSFERRED NONE LIABILITIES DESCRIPTION ITEM NO. OF PROPERTY 1. Mortgage 184 Simmons Road Mechanicsburg, PA 2. Mortgage 76 Persian Lilac Drive Etters, PA NAMES OF CREDITORS Accredited Home Lender GMAC Mortgage NAMES OF ALL DEBTORS Husband Husband 8 tom. THE MOTH'CNOTAPY 2009 APR 15 AM 13 : 58 G?t?1, 7 li ?Tl} APR " 6 2009 (s) WALKER, CONNOR & JOHNSON 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 - Fax -------------------------------------------------------------------------------------------------------------------------------------------------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin E. Major, ) Civil Action - Law Plaintiff, ) VS. ) No. 08-2715 -Civil Term Leslie E. Major, ) Defendant, ) In Divorce a v.m. ORDER APPOINTING MASTER And now, /6- , 2009, E. Robert Eliker, Esquire is appointed Master with respect to the following claims: divorce, equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. Moving Parting Name: Attorney's Name: Attorney's Address Attorney's Telephone: Attorney's E-Mail: L e E. Major -Martha B. Walker 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 mbw@wcjlawoffice.com By the , J. Non-Moving Party Name: Attorney's Name: Attorney's Address: Attorney's Telephone: Attorney's E-Mail: 4 Kevin E. Major ,.,ephanie E. DiVittore P. O. Box 1146 Harrisburg, PA 17108-1146 717-237-6781 sdivittore@rhoads-sinon.com t ; cr-% F='. r ?; N ?7 Stephanie E. DiVittore Attorney J.D. No. 85906 Rhoads & Sinon LLP One South Market Square, 12" Fir. P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Plaintiff KEVIN E. MAJOR, Plaintiff, V. LESLIE E. MAJOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE Docket No. 08-2715 PACSES NO: 126110044 PRAECIPE TO SUBSTITUTE COUNSEL Kindly enter the appearance of the law firm of Rhoads & Sinon, LLP and Stephanie E. DiVittore as counsel for Plaintiff Kevin Major and withdraw Gregory S. Hazlett, Esquire as counsel for Plaintiff Kevin Major. Respectfully submitted, Respectfully submitted, - RHOADS & SINON LLP By:? V C `?-- Stephanie E. DiVittore, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17101 (717) 233-5731 698026.1 (717) 790-5500 F THE . , !OTARY 20G9 MAY 12 AN #!: 33 r. wt jis 1I, jj? Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff KEVIN E. MAJOR, V. LESLIE E. MAJOR, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 08-2715 CIVIL ACTION - LAW IN DIVORCE PETITION FOR RULE TO SHOW CAUSE - ENFORCEMENT OF ANTENUPTIAL AGREEMENT NOW COMES Plaintiff Kevin Major ("Plaintiff' or "Husband") by and through his attorneys, Rhoads & Sinon LLP, and files the within Petition for Rule to Show Cause - Enforcement of Antenuptial Agreement stating as follows: 1. Kevin Major is an adult individual currently residing at 695 Salem Road, Lot 106, Etters, Cumberland County, Pennsylvania 17319. 2. Defendant Leslie Major ("Defendant" or "Wife") is an adult individual currently residing at 76 Persian Lilac Drive, Etters, Cumberland County, Pennsylvania 17319. 3. Plaintiff and Defendant were married on July 1, 1987 in Cumberland County, Pennsylvania. There were no children borne of the marriage. 4. On March 31, 2008, the parties separated and have been living separate and apart since that time. 759421.2 5. A Divorce Complaint was filed on behalf of Husband with the Court on April 28, 2008. Since that time, the parties have engaged in discovery and, by Order dated April 15, 2009, E. Robert Eliker, Esquire, was appointed Divorce Master to resolve the outstanding issues concerning equitable distribution of property in this case. 6. Divorce Master Eliker conducted a Pretrial Conference, but in order to resolve this matter through settlement or, ultimately, a hearing, a threshold issue that must first be resolved is the validity of an Antenuptial Agreement executed by the parties prior to their wedding. 7. Prior to the parties' marriage, Husband owned a business, "Major's Body Shop", located at 210 Mulberry Drive, Mechanicsburg, Pennsylvania 17055. 8. Husband owned the business and leased the real property on which it was located from Husband's parents. The business was operated by Husband as a sole proprietorship. 9. Prior to the parties' marriage, Husband's Father passed away. Thereafter, Dennis Major, Plaintiffs brother, became a partner in the business with Husband, and the business leased the real property from the Dennis and Kevin Major's mother. 10. The business was originally incorporated by the Major's father on November 7, 1979, as Major Body Shop Inc., but the name of the corporation was changed to Major's Body Shop, Inc. by Plaintiff and his brother on January 9, 1989. 11. At all times prior to the marriage, Husband made Wife aware that he was not willing to go through with the marriage unless she would execute an Antenuptial Agreement specifically excluding the business from marital property. 759421.2 12. Specifically, Husband made clear to Wife that the business was a family business and needed to remain a family business or he would not be willing to enter into the marriage. 13. As a result, Wife agreed to execute an Antenuptial Agreement whereby the business, and all right, title and interest in the business at the time of the marriage, appreciation and future interest, would remain the sole and separate property of Husband. (A copy of the Antenuptial Agreement is attached hereto as Exhibit "A" and incorporated herein by reference). 14. The Antenuptial Agreement was executed by Wife willingly and voluntarily. 15. After execution of the Antenuptial Agreement and marriage, Husband and his brother continued to operate the business. 16. Husband and his brother sold the business and the real property. With proceeds received from the sale, Husband and his brother entered into a tax-free, like-kind exchange of the property pursuant to Internal Revenue Code Section 1031. The proceeds from the sale of the real property were not distributed to Plaintiff or his brother, but instead retained by a Qualified Intermediary pursuant to IRS mandates. 17. The tax-free, like-kind exchange was completed on May 1, 2006, when Plaintiff and his brother utilized the sale proceeds to purchase a commercial property located at 4394, 4396 and 4398 Chambers Hill Road, Swatara Township, Dauphin County, Pennsylvania ("Chambers Hill Property"). 18. On January 31, 2007, Plaintiff and his brother formed a Pennsylvania Limited Liability Partnership, Chambers Hill Development, L.P., for the purchase of holding the Chambers Hill Property. 759421.2 19. Currently, Husband has a 43.5% limited partnership interest in Chambers Hill Development, L.P. which owns the Chambers Hill Property. 20. Wife seeks to have this Court classify Husband's interest in the company and Chambers Hill Property as marital property subject to equitable distribution through the parties' divorce. 21. Husband's interest in Chambers Hill Development, however, and the Chambers Hill Property, are properly excluded from the marital estate pursuant to Pennsylvania law. 22. Under Pennsylvania law, "[p]roperty excluded by valid agreement of the parties entered into before, during or after the marriage" is excluded from "marital property." 23 Pa.C.S. §3501. 23. In this case, the parties expressly agreed that all of Husband's "right, title and interest" in and to the business will remain Husband's "sole and separate property", including the "appreciation in the value of that entity...." (Exhibit A). 24. All of Husband's interest in the Chambers Hill real property came directly from Husband's interest in the business and, therefore, is excluded pursuant to the terms of the prenuptial agreement and Section 3501(a)(1) which specifies that "[p]roperty acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage." 23 Pa.C.S. §3501(a)(1). 25. Antenuptial agreements such as the agreement executed in this case are upheld by Pennsylvania Courts. Simeone v. Simeone, 525 Pa. 392, 404, 581 A.2d 162, 167 (1990); Colonna v. Colonna, 791 A.2d 353, 357 (Pa. Super. 2001). 759421.2 26. As the Pennsylvania Supreme Court explained, the "reasonableness of a prenuptial bargain is not subject for judicial review", and "[c]ontracting parties are normally bound by their agreements, without regard to whether the terms thereof were read and fully understood and irrespective of whether the agreements embodied reasonable or good bargains." Simeon, 525 Pa. at 400, 581 A.2d at 165-66 (citations omitted). 27. Here, the evidence will demonstrate that Wife voluntarily entered into the Antenuptial Agreement which excluded all of Husband's interest in the business, directly exchanged for his interest in Chambers Hill, rendering the property excluded from the marital estate. 28. Counsel for Defendant Leslie Major, Attorney Martha Walker, has been contacted concerning this Petition and opposes the same. WHEREFORE Plaintiff Kevin Major respectfully requests this Honorable Court enter an Order granting the within Petition and declaring that Kevin Major's interest in Chambers Hill Development, L.P. and the real property located at 4394, 4396 and 4398 Chambers Hill Road, Swatara Township, Dauphin County, Pennsylvania are not marital property subject to equitable distribution in this matter. Respectfully submitted, RHOADS & SINON LLP By. 6; ? k,.,l Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Kevin Major 759421.2 VERIFICATION I, Kevin Major, hereby verify that the facts set forth in the foregoing "Petition for Enforcement of Antenuptial Agreement" are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Date: I t a•o Kevin Major ANTENUPTIAL AGREEMENT THIS AGREEMENT is made by and between KEVIN E. MAJOR, of Mechanicsburg, Cumberland County, Pennsylvania, and LESLIE E. TAYLOR, of 126 West York Street, Biglerville, Adams County, Pennsylvania (Social Security No. 193-50-8568), in contemplation and consideration of their forthcoming marriage. WHEREAS, the parties to this Agreement intend and desire to define' that property which future husband brings to the marriage, to the end that such property would be designated and set apart as the sole and separate property of future husband; and WHEREAS, both parties to this Agreement have made to each other a full and complete disclosure of the nature, extent and probable value of all of their property, estate and expectancies; and WHEREAS, the parties to this Agreement desire that neither of them shall be responsible for the debts of the other, which might have accumulated to the time of the signing of this Agreement, nor for any debts contracted hereafter unless both parties have agreed to assume the same. NOW, THEREFORE, the parties do hereby mutually agree and stipulate that all of the right, title and interest of future husband in and to the entity known as "Major's Body Shop", of which future husband is a proprietor, is and shall remain the sole and separate property of Kevin E. Major. Any appreciation in the value of that entity is, and shall in the future be the sole and separate property of Kevin E. Major. .The said Kevin E. Major and Leslie E. Taylor hereby represent and warrant that they have been fully informed and are fully acquainted with the means and resources of the other party, and attached to this Agreement is a schedule of assets and liabilities of Major's Body Shop, and that each has ascertained and weighed all the facts, conditions and circumstances likely to influence their judgment herein, and that all matters embodied herein, as well as all questions pertinent thereto, have been fully and satisfactorily explained to each of them; that they have given due consideration to such matters, and questions; that they clearly understand and consent to all of the provisions hereof; that each party has had advice of counsel or the opportunity to obtain the advice of counsel of their own selection; and that each. party warrants that they understand this Agreement thoroughly, and that this Agreement is being entered into freely, voluntarily and with full knowledge and understanding. Both parties hereto agree that in the event the parties separate and/or either party obtains a decree of divorce, either spouse may have an obligation under such a decree to pay reasonable alimony or support to his or her spouse. In the event the parties do separate and/or a decree of divorce is entered, each party does hereby waive any claim that he or she may have against the other party for alimony pendente lite, counsel fees, and. expenses, equitable distribution of the value of assets set forth*on the exhibit attached hereto, and incorporated herein by reference thereto, or spousal support or alimony. Future wife shall, in the event of future husband's death, execute and deliver all releases, assignments or other instruments that may be required to give full title to the asset known as Major's Body Shop to the other's personal representative, to her own exclusion. Except as provided in this Agreement, each of the parties hereto shall have power by Will to dispose of all property he or she may own at the time of death, subject to any rights which a surviving spouse may have under the laws of the Commonwealth of Pennsylvania. This Agreement is entered into in consideration of marriage, and. its effectiveness is expressly conditioned upon such marriage. If for any reason, the marriage does not take place, the Agreement will be of no force and effect. INTENDING TO BE LE LLY BOUND HEREBY, we do hereunto set our hands and seals this ?'Sj'--day o 1987. WITNESS: r K V N E. MAJOR 4ESL w ? E E. TAYLOR -2- • d .... : ... .. ...... .......... , .. ... ............. .. ........ ....... . ..... . . ... March 31, 1987 5886 S .12-31 Major's. Body Shop Kevin Major 210 Mulberry Drive ... . ............ ........... Mechanicsburg, Pa 17055 .............. ................................ . ..... ....................... ............................... .. . • ..a. ...........,..... ..I .. ea.> •l . r . ........... .. ........ . .. .:. .. ? .............. ............. .... . .a j or' s Body Shop Kevin Mayor 210 Mulberry Drive Mechanicsburg, Pa 17055 March 31+ 1987 AIS S 12-31 r ? •? y.^'y riN 1 PT?ON ;4 P ti? 099 '.: ASSETS 100 CURREN-f . ASSETS 102 Cash n Bank 298. 43......... :..130 ...................... i nvento 69500.00 139 .......... . . TOTAL CURRENT ASSETS 6 789. 43 140 FIXED ASSETS 142 Leasehold Improvements. 23.392.08 ; 144 Buildings 89000.00 146 Fixtures & Equipment. 59997.00 149 , - . Accumi 1 atad Dep rec i a t i on 24 340. 35- 159 TOTAL FIXED ASSETS 13.038.73 199 TOTAL ASSETS 19, 827.1B Elmo 200 LIABILITIES ...... -.201 CURRENT LIABILITIES ........ ..... .... .. .,,230 Other Deductions 20.00 .................. 231 s Other Pnyroll Tax 26.79 ...... -1232 :. Axive r : Federa 1 Payro l 1 Taxes 731.86 •?R?...................................... '.r aStit... P.....rol l Tax 822. 46 .............................. ....... ........ 110=L-Peyro11 Tex 387.50 0311 .;_ ACE irtid UTiemp l oyment Tax' 3 , 313. B2 ! ?? SA r jTex FPeyeb 1 e 2 ,692. 61 '?259 . a.. C TOTAL : 1JRRENT L I AS I L I T I E5 . 7 996.04 ......... .. .... ............. ............................ ....... .279 rays i ..TOTAL .LIABILITIES 79995. 04 '?...........is t ....................................... . .. .................. . ... ................................ i. ....... ........... ,T. :,..{ . f t . .. ........... . •280 r:.» ....... .. . .... .. .. EGU I TY 28.5 ; :........ Cep i.t?, kiev i h Ma; or 994. 87- 290 -Drawl Kevin Ma or 2 9 218. 39- 29? Profit 15 '646. 38 29g ........... TOTAL i0u f Ty 1 + 832. 12 299 TOTAL L I AB. & tgU I TY ' 19,827.19 ........... . .. CERTIFICATE OF SERVICE I hereby certify that on this day of November, 2009, a true and correct copy of the foregoing document was served by United States Mail, postage prepaid upon the following: Martha B. Walker, Esquire 247 Lincoln Way East Chambersburg, PA 17201 f(l, 0, ?' Dara Whistler 759421.2 FILE Fu- OF THIS PaROTHONMARY 2009 NOV 20 PM 12: 31 KEVIN E. MAJOR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LESLIE E. MAJOR, DEFENDANT 08-2715 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2009, a Rule is issued against Leslie E. Major to show cause why the parties' Antenuptial Agreement should not be enforced. Rule returnable at a hearing to be conducted in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania on Thursday, January 7, 2010, before Judge Albert H. Masland. By the Court!' n Edgar B. Bayley, J. Stephanie E. DiVittore, Esquire For Kevin E. Major Martha B. Walker, Esquire For Leslie E. Major rrl,?u?Ac ?C ?i I Y, 09 4- :sal OF THE PrOTHKr"'TAPY 2009 NOV 24 Ali 10: 55 KEVIN E. MAJOR, PLAINTIFF V. LESLIE E. MAJOR, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-2715 CIVIL TERM AMENDED ORDER OF COURT day of November, 2009, this court's order of November 23, 2009, is amended to reflect that the hearing shall By the 06urt, Edgar . Ba ey, J. Stephanie E. DiVittore, Esquire For Kevin E. Major Martha B. Walker, Esquire For Leslie E. Major 1:30 p.m. :sal 2009 NOV 253 Fill 2: `(5 J WALKER, CONNOR & JOHNSON LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187-Fax Kevin E. Major, ) IN THE COURT OF COMMON PLEAS OF Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA vs. ) Docket No: 08-2715 - CIVIL TERM Leslie E. Major, ) Defendant, ) In Divorce a v.m. ORDER OF C RT AND, NOW, this day of 4)&ap"L , 2009, IT IS HEREBY ORDERED THAT the hearing on the Rule to Show Cause why the parties' Antenuptial Agreement should not be enforced in the above-captioned matter originally scheduled for January 7, 2010 at 1:30 p.m. is hereby changed to January 26, 2010 al:?p.m. By OF THE F." P OTAPY 2009 OEC -3 PH 2: 55 r1 ' ` l- ?a f 3 f ?? - apitS rnaAcc . I 444,t m. u).u L6q- R41 v.-D,'U&Wazr.. a? WALKER, CONNOR & JOHNSON LLC 247 Lincoln Way East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 - Fax Kevin E. Major, Plaintiff, VS. Leslie E. Major, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No: 08-2715 - CIVIL TERM In Divorce a v.m. ANSWER TO PETITION FOR RULE TO SHOW CAUSE - ENFORCEMENT OF ANTENUPTIAL AGREEMENT WITH NEW MATTER AND NOW, comes Defendant, Leslie E. Major, (hereinafter referred to as "Defendant" or "Wife"), by and through her attorney, Martha B. Walker, Esquire, of Walker, Connor & Johnson, LLC and respectfully answers Plaintiffs Petition for Rule to Show Cause - Enforcement of Antenuptial Agreement as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Neither admitted nor denied as to a lease arrangement. Neither admitted nor denied as to whether the business was operated as a sole proprietorship. 9. Admitted as to the father's passing and brother and Plaintiff becoming partners. Unknown as to whether they had a lease arrangement with Plaintiff s mother. 10. Unknown to Defendant and proof is demanded at trial. 11. Admitted. 12. Denied. 1 13. Admitted, but the Agreement does not say "future interest". It says that "any appreciation in value of that entity is and shall in the future be the sole and separate property of Kevin E. Major." 14. Admitted. 15. Admitted. 16. Neither admitted nor denied and proof is demanded. It is believed the business was sold (equipment and name) and they retained the land on which the business was located. Plaintiff received proceeds when the business sold and plaintiff used that money towards the purchase of the marital home. 17. Neither admitted nor denied and proof is demanded at time of trial. Defendant believes that the business real estate sale proceeds were used to purchase the commercial property. 18. Admitted. 19. Admitted, but Plaintiff believes a fraudulent transfer of 4% of Defendant's business interest was made to his brother the same date he filed for divorce from Plaintiff in order to diminish his ownership interest that would be subject to equitable distribution. 20. Admitted. 21. Denied. 22. Admitted. 23. Admitted; however Defendant sold his interest in the real estate whereupon the business was located and sold his interest in Majors Body Shop, therefore eliminating any appreciation value of that entity and used the proceeds to form a totally separate entity during the marriage and purchase the marital home. 24. Denied. And proof is demanded at the time of trial. It is believed that the new business was formed and purchased with borrowed funds, as there is a mortgage on the new business real estate and Defendant's brother used his house as further collateral. 25. Admitted. 26. Admitted. 27. Denied. Major's Body Shop was not directly exchanged for an interest in Chambers Hill and is therefore not precluded by the Prenuptial Agreement. 2 28. Admitted. NEW MATTER 1. On the night before Plaintiff Husband enter into the purchase to buy Chambers Hill, Husband presented Wife with an Agreement marked as Exhibit "A" attached hereto, and demanded that she sign it or his "deal" would not be able to happen. 2. The Agreement which Wife refused to sign provides that Wife will waive all of her right, title and interest in Chambers Hill and that Husband's 44% interest in same would remain his separate property in the event of separation or divorce (see paragraph 4(b)). 3. If the Plaintiff already had a Prenuptial Agreement that precluded Wife's interest in Chambers Hill, why was it then necessary for Plaintiff to have Wife execute yet another agreement reserving Chambers Hill as separate property. WHEREFORE, Defendant requests this Honorable Court find that Plaintiff's interest in Chambers Hill is a marital asset subject to equitable distribution and is not an asset excluded by the Prenuptial Agreement. Respectfully submitted, WALKER, CONNOR & JOHNSON, LLC By: Martha B. Walker, Esquire Attorney I.D. # 15989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Defendant 3 I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: / Q Leslie E. Major, Defends t CERTIFICATE OF SERVICE , I, Martha B. Walker, Esquire, hereby certify that on this I??f day of LD WK)64_?- 2009, I served a true and correct copy of the foregoing Answer to Petition for Rule to Show Cause-Enforcement of Antenuptial Agreement and New Matter at the address indicated below: Stephanie E. DiVittore, Esquire Rhoads & Sinon, LLP One South Market Square, 12' Floor P.O. Box 1146 Harrisburg PA 17108-1146 Service by: Personal service via hand delivery Service by First Class, United States Mail, postage pre-paid, mailed at Chambersburg, PA, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County Facsimile service Certified/Registered Mail WALKER, CONNOR & JOHNSON, LLC BY: _LlzL ?_ Partha B. Walker, Esquire Attorney I.D. # 15989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Defendant 5 U4/Z7/ZUU6 15:03 FAX 717 233 1386 RNWS a SINON LLP X1008 A q?-J a t? I= AC,1l;EEMEf (tire " Agreemeno is made and Wend into this day of 120K by and bwbmm I MVIN L MAJOR, an adntt m&vidnal bon* an address of 184 Simmm Road, Mechanicsburg, P wyivama 17055 ("Kevin') and LF M E. MAJOR, mr adult individual having the same address C7,eslie'). ViWHl 1S, Kevb and Leslie are husband and wife, VANERFAS, Kevin and Leslie aft-ad into a PnnupW Agroemeet prior to thar marriage on July 1,1987; WJMUtSM, Kevin and Leslie wMr tD modify the Premptial Aymgmwt to the extant of the Paunship h*r at defined bdow. which k*jw propose oftener Agt+xa aw, VV XRZAS, Kcda owns or will own a forty-four paces f and/or limited pwbm ft -1 A , rat in the real property located at 4394, 4396 and 4398 C h mbee a MR Road, Swam& Township, Danplon Cormty, Prnylvama (the `wpaty"). Sue ompeaatiomn b own as (honbeas Hill, lac. (the "CorpoMw-) and the Pem"Iva k lim od pwmmbip hmm as Chxmbeas Hill Damelopment, LP. (So -P*tmaship") (Kevin's inter in the Property. Corporatm and Partnership are aoll"vely n&nvd bu as apubadup h* =W); WHF.RB,AS, Kevin and Leslie desire to pm & do tore Pattsrerabip I t doll be 1rmm my posslole claim by Leslie, all ss momre folly mvided bersin. NOW, THRREFORE, for good and valuable oaaosidmation. the neeipt and wSciency of whwh am hereby eelmawladged, and mkmbgg to be legally bommd lmef r, the pmrbea hereto agree as follows: 1. bcor mdm of ll;seifth. The wing recitals axe incorporated baron by refermee and made a part bersof. 2. No bid= Amts. Each of the parties ha:+eto agrees that they have made no pis W=cros with amh other as to the aUC% pity, estate, rights or entitlements of tbo other. 3. Senat^ase ft wmrty. The parties hereto agree that time PuWmg ip b do" and all bWAMM mated by the Pam=* Ibterest, all approdadon in vabre fim-tot and all pmpaty aogmnred in me mge therefore Qmxiv aflmmr oollocdvety re kn d to as the "Separate Prepaty? arc and shall remain Kevima'a Separate Pwpaty and shall be five of say claim. by Leslie, all as further provided basin. a ma ""Ifcuve I&M FAA 717 233 1380 RP__Aj & SINON LLF a 008 4. Rfdafia In the Seonvie From (a) Dw iass The Marrlan. Kevin and Leslie agnc that Kevin shall separately possess and retain all the tight, title and interest in Kevin's Seprrste Property. Kevin shall have the absolnte and unrestricted right tQ dispose of Kevin's Stperste Property wi%oat the consent or joinder of Leslie, and Leslie hereby eaprensly waives any statutory or common law d& that she may have or mayhereafter aegdre far anylesson inKevin's Separate Property. (b) w • amt Rdegie of AhM on Seoaradw w Divor m Except as otherwise provided herein, in the evraet of kgal separation or divorce of tine pasties, Ledie hereby wmPas, maniacs, releases, _surrcuders and qud claims any pent or haeaF acquired claim at right to Kevin's Separate Property g under the common or statutory law of Pennsylvania or of almy of w applicable state err jurisdiction, and any deim or right to any 00ansel fees, cow.? SgMM of &M M marital property (kcha erg ft equitable diskAwdon d eO4 and any odxw marital claim at right to the caw any sadi claim is based, pad fi+om, canqmftd on or eornside is in any way Kevin's Separds Property. (c) Wain and Release of Rb&b a De s& Leshe hmby waives, WOUsek relcamaj, menu and quit dam any ptcsemt or hereafter acquired clam or right to Kevin's Separate Property as snor f"g spouse under the Common or staUdory law of Petro UkaWa our of any other amble stain or jurisdiction by town of marriage and agrees that Ravin shat be Sue to diupnnae of Kevm's Sgrabe Property upon deak witia or wifaet eo®cidermd^ free of any d Wm. or rigid by or on behalf of Ledie in tine fourm of bousilance, dower, cortsay, dk dove share, fmautly aDowaace.. hoanestead or arty oher a wWoon or my ether claim or d* of a surviving spouse Ong upon the death of Kevin by rcesau of msndage under the common or st< uto y law of Peauisylvania or of any Od w applicable state or,jurisdietion. (d) to-mom S OMM Prone:& anld Po rm of AUMMOv, Kevin and Leshe hereby egm that Kevin shall have to sole and avccheive right at times to manage and control Kevin's Separate Property, by his sole act, wfflwld any nwohrammt or cwntral by Leslie, and Leslie hmby approve, r ufm and consorts to say action tarn by Kevin with regard to Kevnt's Separaate property, If JULY Party rogoesls Leslie's consent or jam. to any action tdmn by Kevin wiffi MW to Kevm's Sepaaate Property, Leslie hereby egtm to execute =a conesM deed or other documOat immediately upon presentatia L Leslie bareby appoints Kevin as her Agent, irrevocably, and to be affective notwithstanding MY subsequent qty or j ty, to exec acknawkdse r and ddiver any and all docnammu on Leslie's b" t including but not limited to ass'gtnmeuts„ doods, mortgages, and any and all documents necessary to t muft, -2. 04/37/3006 15:03 PAZ 717 233 1386 RHOADS & SINON LI.P W010 gm t, convey, encumber or oche t ise affect Kevin's Separate Pr%xdy, if Leslie's consw or joindw on such doc uinents is required or nW be regained by reason of partics' maQriage- (e) No 'TraonuftEion. The parties hereto agree that t8e dw thw marriage nor my other fig= action or omission by them or a'n'ther of ftem (eucapPt their agnm written amt to do so) shall um mite Kevin's Separate Property into entiratim joint or sooty other harm of co-owned property or inat "marital property" under the Pennsylvania Divorce Code or any amendment &Mato or mdacernat IMMf, or under my equivalent of other staM of Peamsylvenia or any state or jurisdiction for any purpose whatsoffar. (f) lrlo Ins ADd 11'eaasaaohtian. The Mowing eveft small not, under any cis 1 Wances, be evide na of any intention by--cMe r of the parties lnrato to tranamme Kevin's Separate Property into e.mirvdaa, joint, ocher co-owned or marital property.- (1) &lar firms of joint tent retuaw (ii) n by Kevin of Leslie sa a beneficiary of bis Estate; Civ) an oral stdamm by either of the pasties bereft or my IVIL Q atatemmt by eitleet of the psrden berem odeer than an wgxass wnttan a mement of txao- Antion; and (iv) the joint 00e8pation oft segeately owned or leased residence.. (s) $?. Leslie shall and hereby does forcvw tee, Melee and sua> UWW and Wit charm all UgX tide: and n*rM that she n g& ewer have or could have m and to Kevin's Separate Pmpmy y upon Kevin's deg& or upon dissolution of maniagv and in Smeral, as Iris wile, widow, heir at law, nW-of-kin or distaUsee mdlee the laws of any nab, sfc or jmisdictian havingindediictian over rho parties, their manrim their divorce or estates. S. Mhlrrla M mbdm In the event of a dissolution of thaw morn qr., the parties agtuee: and stipulate: that Kevin shall retain Kevin's Separate Property. Any o&w lam ca owned by Kevin and Lest dWU be equitably distributed pmmmnt to the p6m p al Apeament between Kevin and Leslie, by mutual ag men mt or by a court of cam jam, without ro ASIVeMAO gatd 10 a tWkMS aft account Kevin's She property in making SO& &stnbabon. This shall be construed as a sattlement arvente t with respect to Kevin's Separate PAY in the eves of it dimolution of marriage of the parties and abaft not be sigod to modification by many front judgmmt or * aruto&. -3- v.r s? r ivvv ia: u4 Ir" /1! =aa 1355 cIMM IX Qo1I IL C.na:oltatlo wYt CeaZ L Each of the parties hereto at rowledges that, prior to atecation of this Almemed, he or she has had the opp dm* ID employ, consult wo and be r lip r 1 serned by sepa:ata mrd independent legal counsel of his or her own choosing. Es& of the penes bmalo farther ada?o?rledgcs that he or she bass read this Agrm amid has dismwsed, or had oppordmiiy to dtr caiss, this Agraeanew with his or her legal counsel, who bas fully acphioed the messing and legal cmaWmm of this Agreer al inch tig, wiftm )>tltihOkw the hollowing wrens he+ear (a) rights and obligumms between the pates a oft from mam"e, (b) lAshe's rights to claim an interest in Kevin's Sepeofa PropWt r, (c) say waiva of tic dgbrta specified in (b); (d) rights with rasped to the Estate of the odw party upon maniago; and (e) rights as tenam b by the adkWas and as joint teuwts. 7. FUR Kevin has made a full. said .fair disclos4W to IMHC of the fammal worth of Kevids Separratia Property including incomte, vasbed egmftncias mild liabilities. Leslie acknowledges tbat; prior to the exaaitian of ibis Ageeearseut, sine Res given 20490 oppordmity to oondud a fall kwastiption of Kevin's Seprprate Property is may marma she wW1, erg obtaining a formal vskation of Kavi 'a Se..* Plopaty_ Leslie hereby can&Ins that die does not wish to conAm gay such npprraw& or romw lay mediionsl niE---.eoticemng Kcvm's Separate Property and hereby waives my right that stye may mine m receive sueb additional iaEocanatiaa or to cdiallenge *a vaSdity of thine Agraematit oar &a. Bmuls flirt diacloarne was mot provided or than she did not pwmuce, or bave flee oppatunity to pmtwe, additional disekwart:. 9-x Con llty, The pates mmMm tbat die won 89 ft* m ties At is coafidumtW amd each agrees not to disclose mi mration perumiarg a at other party contained in this Ag recum at wtfliota"party's prior writbm conunt 9 ggEuftlr Law. This Agt+e now dW be governed by Pa wsylva k law, Of fl>,e I I I or ftam residence or domicrle of aidw of go panties hereto. The P of this Apactnew s>>an Mwe& 44' pmviaioffi of the statutory or commm Saar of Penosylvsaoia or of oozy other applicable gate or jwx&c m to the =as y, Wuft my law enacted or dbc d" agw t w dabs heroo£ To tim extent that fire pVvi:tona of Ns A,grectumt do not >jup sc& file psovisians of ooanomei or SOMMY law of Pcmm- lbatoia, a. pa des area. flint such lama ss it aidded an the date of fllis Agreemcjg d a govt, reSWMM of the dlotmtale of the pmAm The parties lot ad aD pn;owid mg of this Agrammeont to be decoded noui rmy grid w tbow regard Lo evmes of UgPdation or m9honbip. 10. Sreaft EatoMMAIt 'lire perks Wee that 9w rights and obligations of ewh of theist dud we sm fir& m this Agrearnat art apeaal and unique and dW be sdjecd to specific ertfor1 ant, wLedw by an order Car apeMc pCtformawe or m injuncan lo at vast of cq*y, mind eaeb ley hereby Ag= m the jurisdidioa of a court of equity f["pugxwn of anhwing dw tams ofdds Ag mnerrt 11. In the evag dmt any pc+avision of dds ?>c by any ootut of Agteaneer is deaaaainod to be mupeou j o% *eq, is such mat. dim parties agree to be -4- 04/2?12006 M04 FAX 717 233 1386 -- W ADS & SINON LLP ?olx bound by the r mammg pwviu ms hereof as am determined to be enfoeeeable and which will most nody give effect to the intent of the patties as wgxessed in this Agmeamnt In any such evemt, all other terms of this Agmemant shall mmem in M force and effect. 12. No QSK No persons shall have a tight or cause of action arising or Yesultiog from tms A?nmt except those whD are parties to it atai their im inote?st. 13. LardW„ AasWW Each ply shall examm any b* matdg or docmnauts at any d= required by the other party that are necamary or proper to effiocherte lids Agreement 14. Ddb. This Agremnal may be modifiod, amended or revoked only in writing by mumal oonmd of the parties, which writing shall gmdfic&Uy refer tic to Ag memem 1S. BkOleff Famed. Thk Agmement shall bind and imme to to benefit of the parties and $uir reopec dve haws, repi+aamntivn:s, eaecaoors, succxssors, react-of in std aeei?s. 16. Baclira Amt This inatmm att coutum to emum al¢eement between the parties. Any tepres otatim or app that is not incmpoarated in dw Agramomm is irlvatid and t -- I , ble. IN R WOOF, vuhintudly and of then own &ee wA. intending to be bound hereby, the pal ies, have signed, sealed and acknowledged this Agreement on the dew fist above Kevin E Major Leslie B_ Mayor -5- 04/67/2006 18:08 FAX 717 YSS 1686 _ _ RHOADS I SINON LLP Q016 COIv %"%TALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ) On this day of 2006, before me, a Notary Public, ply apps KEVIN E MAJOR, known to rrre or sadsfactvoly piavm to be tits pmm wboae name is subsaa'bod to the famph* and aclcnowlcdgod &a he aces W the same foe &e pu x= tharan contained. Wfl1VFSS my hand and notarial sent NotKyPabhc my cammiWM Expo 0, (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNT'S' OF } On this day of _ 2006, beftt me, a Nagy Public, PAY 11, 1110fl. I,BR E. MAJOR, known to we or satida* ily proven to be the peter wboaa name u sobaa fx d to tha foregoing Agreenwa and adrno?avtedged dug die ea =ibd the same few die pmpos= themia contained. WTIN= my hand and notarial seal. Notary Public My Coma bdw Exp ras: (sue-) FILED, + ;E P- i 2009 DEC 15 Ph 2: ? 7 Dean F. Piermattei, Esquires Attorney I.D. No. 53847 7ARY RHOADS & SINON LLP One South Market Square, 12th Floor 2010 RN 15 P 2: '1; 1 P.O. Box 1146 Harrisburg, PA 17108-1146 C° J ".A U iY (717) 233-5731 , Y Attorneys for Kevin Major KEVIN E. MAJOR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No. 08-2715 LESLIE E. MAJOR, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR RULE TO SHOW CAUSE - ENFORCEMENT OF ANTENUPTIAL AGREEMENT TO THE PROTHONOTARY: Kindly withdraw the Petition for Rule to Show Cause filed on behalf of Plaintiff on November 20, 2009. Respectfully submitted, RHOADS & SINON LLP By: Stephanie E. DiVittore, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Kevin Major 767428.1 CERTIFICATE OF SERVICE I hereby certify that on this 14th day of January, 2010, a true and correct copy of the foregoing "Praecipe to Withdraw" was served by means of United States mail, first class, postage prepaid, upon the following: Martha B. Walker, Esquire Walker, Connor & Spang, LLC 247 Lincoln Way East Chambersburg, PA 17201 Edie Cassel KEVIN E. MAJOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Docket No. 08-2715 n ~~ q r i LESLIE E. MAJOR, ~, - ~ -~ CIVIL ACTION -LAW " C " ~ T` Defendant IN DIVORCE ° ' }' __ ~~~ ~ ~.. -,. -, -~ .. - AFFIDAVIT OF CONSENT V"° ' ~ --- . ~ ~: 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on Apri128, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. B / O ~c.~._~ ~rl~ Dat d K in Major KEVIN E. MAJOR, Plaintiff v. LESLIE E. MAJOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA F..~ c~ ~, . .; - r. . ~, ~-,,.; . ,.. Docket No. 08-2715 °°' .. ~:- _.. ~_~ .;~~' CIVIL ACTION -LAW v: IN DIVORCE "'~ -v - ~-._ ~-- ~: WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. v ~~ eyj-,, Dat Ke ' Major KEVIN E. MAJOR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff C? ~ c_ ~, ~, v. ~ =~' J ,_ . Docket No. 08-2715 `~ `'' ~, LESLIE E. MAJOR, ,~~_ CIVIL ACTION -LAW _' ~ __, Defendant IN DIVORCE 3 ~ ~~ :.t ~ C: sJ AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 28, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. d rL Date eslie Major KEVIN E. MAJOR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • • c-n V. : C~~ ~, ~-~ c~ 3 Docket No. 08-2715 ~- ' ~ ~~` ~ ~' ° -~ G r_,.. ._,_~'Ti LESLIE E. MAJOR, _ ~ " " CIVIL ACTION -LAW _ ~~' Defendant IN DIVORCE -b-~ _ _ , ~ra_ `-"~ ~: WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony,- division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. D ed Leslie Major KEVIN E. MAJOR, Plaintiff vs. LESLIE E. MAJOR, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 08 - 2715 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this /~ day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a property and separation agreement dated July 26, 2010, 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, Kevi A. Hess, P.J. cc: ~ Martha B. Walker Attorney for Plaintiff ~ Stephanie E. DiVittore n ^' Attorney for Defendant t ~: ' _ T T.I - ~=~ -__. ~Pr t'S Yh4~ le~ ~~lf~~ r.~. ~ ` `_ ~y ' ., ~ ~_ ,~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State CQMmonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/10/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number PHIL'S BODY SHOP 3715 DERRY ST HARRISBURG PA 17111-1922 652110012 380 S 2008 08-2715 CIVIL OOrigi nal Order/Notice QAmended Order/Notice 0Terminate Order/Notice QOne-Time Lump Sum/Notice RE: MAJOR, KEVIN E. Employee/Obligor's Name (Last, First, MI) 175-48-5$39 Employee/ Obligor's Social Security Number 44950001;11 Employee/ igor's Case Identifier (See Addendrn for plaintiff names associated !1! cases on attacMrent) Custodial Pardnt'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'stobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. o-0 per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 675.00 per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs C $ o . oo per month in other (specify) t > - $ one-time lump sum payment - , for a total of $ 675.00 per month to be forwarded to payee below. ~ - You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 155.77per weekly pay period. $ 337.50 per semimonthly PAY period 311.54 (twice a monthP, $ per biweekly pay period (every two weeks) $ 675.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Ca Identifier) O 190 C SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY 771L. BY THE COURT: v D a J. Wesley Oler, Jr., edge DRO: R. J. Sdelay Form EN-028 Rev.5 Service Type M OMB No.: 097MIS4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? I heck ouare required, to pr vide a Copy of this form to your,em loyee. If yo r employee orks in g state that is dfi Brent froym the state that issuVthis order, a copy must be provides to your emproyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3. * Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: if there is more than one Order/Notice to Withhold Income for Support against this employeetobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeetobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 7043100236 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: MAJOR, KEVIN E. EMPLOYEE'S CASE IDENTIFIER: 4495000111 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor. MAJOR, KEVIN E. PACSES Case Number 126110044 Plaintiff Name LESLIE E. MAJOR Docket Attachment Amount 08-2715 CIVIL$ 675.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMS No.: 0970-0154 Worker ID $zATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: KEVIN E. MAJOR Member ID Number: 4495000111 Pleme note: An correspondence must lnclude the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT, BENEFITS O Financial Break Down of Multitl le Cages on Attac hment Ctl . - E?neff Naha PACSFS Case Number Docket Number Attachment Amount/Finaucncv LSSLI -r. MAJM 126110044 08-2715 CIVIL $$ 675.00 /MONTH / S? 6521].0012 380 S 2008 $ / --? $ 1 TOTAL ATTACHMENT AMOUNT: $ 675.00 BY THE COURT Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $155.34 per week, or 50. o %, of the Unemployment Compensation benefits otherwise payable to the Defendant, KEVIN E. MAJOR Social Security Number XXX-XX-5439 , Member ID Number 4495000111 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JUNE 1, 2008 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: DRO: R.J. SHADDAY Service Type M Form EN-034 Rev.2 Worker ID $IATI' IN THE COURT OF COMMON PLEAS OF KEVIN E. MAJOR :CUMBERLAND COUNTY, PENNSYLVANIA V. LESLIE E. MAJOR 08-2715 NO. DIVORCE DECREE AND NOW, Z o l D, it is ordered and decreed that KEVIN E. MAJOR plaintiff, and LESLIE E. MAJOR ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. By the Court, I Prothonotary ~~ ~~ ~o~ ~o Nom ~-. ~~~ -~ c~ wa;Q l~.r- d Walker, Connor & Johnson LLC 247 Lincoln Wav East Chambersburg PA 17201 (717) 262-2185 (717) 262-2187 - Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kevin F. Major, } Plaintiff, ) } } Defendant, ) Civil Action - Law vs. Leslie E. Major, No. 08-2715 - Civil Term In Divorce a v.m. NOTICE OF ELECTION TO RETAKE MAIDEN NAME ?r C° (71 F.. _T., :n 'Y ?a n :X} Notice is hereby given that the Defendant in the above-captioned matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 9th day of September , 2010, hereby elects to retake and hereafter use her previous name of Leslie E. Mac'kley, and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25, 1939, P.L. 192 as amended. Leslie E. Major Leslie E. Ma kley COMMONWEALTH OF PENNSYLVANIA } ) SS: COUNTY OF FRANKLIN ) , 2010, before me, a Notary Public, On the / day of _ J4?_? personally appeared Leslie E. Major, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. CUtbiM0N,,, ?E .417Hr 0, PENNSc N't,VAMI,A Stamy A. Shane. Notary Put iic ChOmbeff-E -9 8cio, Fmr,k n County Pdly Con,rnissi n Ex rc i .fan, 12, 2012 `i4eAbel. Pr /! "I";' of Nciaries Not Public Ac M 1-1-f ewti ;?vy73 PZ-9-agg3s? INCOME WITHHOLDING FOR SUPPORT O ORPGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) o AMENDED xwo o ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT C)TERMINATION or/wo /^�/~ ///\/1/�1 ' o^+r ' ' `' `' -�- 0e_r7/5 /o/U// Date: 10/07)14 O Child Support Enforceme(CSE) Agency (8] Court 0 Attorney O private|ndiwduaxsmity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154_instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. StaterTribefTerritory Commonweallh of Pennsylvania City/County/Dist./Tribe CUMBERLAND pnvate|nuwuuaxsnmy Remittance Identifier (include w/payment): 4495000111 Order Identifie CSE Agency Case Identiec (See Addendum for case summary) PHIL'S BODY SHOP 3715 DERRY ST HARRISBURG PA 17111-1922 Employer/Income Withholders FEIN Child(ren)s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: MAJOR, KEVIN E. Employee/Obligors Name (Last, First, Middle) 175-48-5439 Employee/Obligors Social Security Number (See Addendum for plaintiff names associated with cases onauan»mnnV Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO musbe regular on its face Under certain circumstances you musi reject this |WOand return xmthe sender (see |wo instructions xVp:mvwwacrhxogov/dmomms/csomonms/ Vmo'0970'015* instructions.d. If you receive this document from someone other than aState v,Tribal CSE agency or a Court, a copy of the underlying order must be attached. 7043100236 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania be). You are required by law to deduct these amounts from the em obtigors income until further notice. $ 0.00 per month in current child support $ 0.00 per month in past -due child support - Arrears 12 weeks or greater? 0 yes C) no $ 0.00 per month in current cash medical support oCO • • -7 7 $ 0.00 per month in past -due cash medical support -- $ 0.00 per month in current spousal support -c- -/n '.^ $ 0.00 per month in past -due spousal support �� rn $ 0.00 per month in other (must specify) crir.,_ r ▪ --ic:0 for a Total Amount to Withhold of $ 0.00 per month. <c = --r; >, �� o-" ` -b- p . AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to beincompliance with the��ur[�c�md��ma��o��.v�h�c��- _��°--tnq $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay -e*~(twice a4nonth) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. —` $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/ob!igors principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) workinq days after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (8tate/Tribe), the employer can obtain withholding |imitaUona. time requiramenta, and any allowable employer fees at http:Vvmxmv.nnf.hho.Qov/pnng,mmm/caa/nevvhirm/emp|oyer/oontaots/uontact map. iitrn for the empIoyee/obigor's principal place of employment. Document Tracking Identifier OMB No : 0870-0154 Service Type MWorker ID $1ATT Form EN -028 11/13 ❑ Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: OCT 0 8 2014 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ❑ If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past -due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN -028 11/13 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: PHILS BODY SHOP Employer FEIN: Emp|nyeo8]b|igor'oNamo: MAJOR, KEVIN E. 4495000111 CSEAgunnyCana|denUOac(SeeAcdendunn«orcaomaumnmary) Ondar|dunbfioc/SweAddendumf=ronden/dorket/nhonnodomd Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income Ieft after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUworked for you or you are no longer withholding income for this emplpromptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 7043100236 {� This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the foliowing information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Paymerit Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) byphoneot(717)24O-G225.byfaxot(717)24U'S248.byemai|orwebsihaot:vm^wv.chUdnupport.staAa.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS 8ECT\ON, 13 N. HANOVER ST. P.O. BOX 320. CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsuoport.state.pa.us. IMPORTANT: The person ccmpleting this form is advisethat the information may be shared with the OMB No.: 0970-0154 Service Type M Page 3 of 3Worker ID $1ATT Form EN -028 11/13 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MAJOR, KEVIN E. PACSES Case Number 126110044 Plaintiff Name LESLIE E. MACKLEY Docket Attachment Amount 08-2715 CIVIL $ 0.00 Child(ren)'s Name(s): . . DOB PACSE Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB , PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN -028 11/13 Worker ID $IATT ^ ^= INCOME WITHHOLDING FOR SUPPORT C) ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO {} AMswosouwo O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT D TERMINATION OF IWO \�|.| \/\/\A�L /n``'''~^^ '/ �\U\} �� Date: 10/17/14 O Child Support Enforcement (CSE) Agency El Court OAttorney 0 Private Individual/Entity (Check One) NOTE: This IVVO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO inutmctionohttp:Vvwww.ao[hho.gov/pmgnamokme/fonno8OMB-087O-0154 instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. Commonwealth of Pennsylvania CUMBERLAND Private Individual/Entity Remittance Identifier (include w/payment): 4495000111 Order Identifier: (See Addendum for order/dockeInformation) CSE Agency Case Identifier: (See Addendum for case summary) BAHCAR INC 3715C DERRY ST DBA PHILS BODYSHOP AUTO P HARRISBURG PA 17111-1963 Employer/Income vmthhoNer'sFEIN 8OO24g783 CbHd(rens Name(s) (Last, First, Middle) CmW(ren)'s Birth Date(s) RE: MAJOR, KEVIN E. Employee/Obligor's Name (Last, First, Middle) 175-48-5439 Employee/Obligors Social Security Number (See Addendum for plaintiffnames associated with cases on attachment) Custodial Party/Obligees Name (Last,First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you m this IWO and return 1 to the sender (see IWO instructions mnn:x*wmw.acroxngov/pm«rams/cue/mnna/ oma'oo7o'o1o4_instrvu|nnx.noV.nyou receive this document from someone other than a State or Tribal CSE agency or a Courta copy of the underlying order must be allached, 8002497930 See Addendum for dependentnamesand birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by Iaw to deduct these amounts fror-heipI�ee/ obligor's income until further notice. c=> ,- rri 03 r— = = rx ~ CD r =cs N.3 � 0.00 per month in current child support � 0.00 per month in past -due child support - Arrears 12 weeks or greater? � 0.00 per month in current cash medical support � 0.00 per month in past -due cash medical support � 675.00 per month in current spousal support � 0.00 per month in past -due spousal support � 0.00 per month in other (must specify) for a Total Amount to Withhold of $ 675.00 per month. 0 y a ner24 -<> AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does notnotmatch the ordered payment cycle, withhold one of the foliowing amount: � 155.77 per weekly pay period. 337.50 per semimonthly pay period (twice a month) � per biweekly pay period (every two weeks) $ 675.00 per monthly pay period. Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (StatefTribe), you must begin withholding no later than the first pay period that occurs ten (101 �cid1�l�doyo after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at h1tp:/hxmmw.ocf.hhognv/onograms/cua/newhire/omp|oyer/cuntocta/contact_map. Lt!rn for the employee/obligors principal place of employment. Document Tracking Identifier Service Type MWorker ID $1ATT OMB No.: 0970-0154 Form EN -028 11/13 ❑ Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in . accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: OCT 2 U 2014 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. 0 If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.govlprograms/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To'SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past -due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN -028 11/13 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: BAHCAR INC Employer FEIN: 800249793 Employee/Obligor's Name: MAJOR, KEVIN E. 4495000111 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 8002497930 Q This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320. CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at ( 717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.: 0970-0154 Service Type M Page 3 of 3 Form EN -028 11/13 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MAJOR, KEVIN E. PACSES Case Number 126110044 Piaintiff Name LESLIE E. MACKLEY Docket Attachment Amount 08-2715 CIVIL $ 675.00 Child(ren)s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount 0.00 Child(ren)s Name(s): DOB PACSES CaseNurnber Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount 0.00 Child(ren)s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount 0.00 Child(renys Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount 0.00 0.00 Child(ren)'s Name(s): DOB Child(ren)s Name(s): Service Type M DOB Addendum OMB No.: 0970-0154 Form EN -028 11/13 Worker ID $IATT INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) O AMENDED IWO O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO Q,? -a.7/5 (Jo / Date: 11/03/14 ❑ Child Support Enforcement (CSE) Agency El Court 0 Attorney ❑ Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154 instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania City/County/Dist./Tribe CUMBERLAND Private Individual/Entity Remittance Identifier (include w/payment): 4495000111 Order Identifier: (See Addendum for order/docket information) CSE Agency Case Identifier: (See Addendum for case summary) BAHCAR INC 3715 C DERRY ST DBA PHILS BODYSHOP AUTO P HARRISBURG PA 17111-1963 Employer/Income Withholder's FEIN 800249793 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: MAJOR, KEVIN E. Employee/Obligor's Name (Last, First, Middle) 175-48-5439 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/ OMB -0970-0154 instructions.pdt). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 8002497930 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 0.00 per month in current child support $ 0.00 per month in past -due child support - Arrears 12 weeks or greater? $ 0.00 per month in current cash medical support $ 0.00 per month in past -due cash medical support $ 0.00 per month in current spousal support $ 0.00 per month in past -due spousal support $ 0.00 per month in other (must specify) c c O yes o (1)r t c7;, >C.::.. .=\ C.);: i for a Total Amount to Withhold of $ 0.00 per month. .''� -:' -< C) AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information, If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No.: 0970-0154 Form EN -028 11/13 Worker ID $IATT ❑ Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SOU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: NOV 042014 i tfistylee L. Peck If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. 0 If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past -due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN -028 11/13 Service Type M Page 2 of 3 Worker ID $IATT Employers Name: 8AHCAR|NC Employer FEIN: 800249793 Employee/Obligor's Name: MAJOR, KEVIN E. 4495000111 CSE Agency Case ldentifier: (See Addendum for case summary) Onder|dendfiec(SeeAddendwnmfbrordeo/doc6et/nfbnnadon) WthhoIding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as; State, Federal, Iocal taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal ordersyou may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal wthhokiers who receive a State IWO, you may not withhoid morethan the Iesser of the limit set by the Iaw of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate thatthatthe arrears are greaterthan 12 weeks, thenthe Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this emple/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by retuming this forrn to the address Iisted in the Contact !riformation below: 8002497930 {� This person has never worked for this employer nor received periodic income. LJ This person no ionger works for this employer nor receives periodic income. Please provide the foliowing information for the employee/obligor: Termination date: Last known phone number: Last known address: Final PaymenDate To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (lssuer name) byphone at(T17)24O'6225.byfax at(717)240'8248.byemail orwebsite at: vwww.ohi|doupport.steVaoaus. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST,. P.O. BOX 320, CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) byphone ot(717)24O'6225.byfax ot(717)24O-6248.byemail orwebsite otwxww.nhi|dsuppnrt.staha.oauw. IMPORTANT: The person completing this form is advised thathe information may be shared with the employee/obligor. OMB No.: 0970-0154 Service Type M Page 3 of 3Worker ID MIT Form EN -028 11/13 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MAJOR, KEVIN E. PACSES Case Number 126110044 Plaintiff Name LESLIE E. MACKLEY Docket Attachment Amount 08-2715 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case. Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): Service Type M DOB Addendum OMB No.: 0970-0154 Form EN -028 11/13 Worker ID $IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.Q. BOX 320, CARLISLE, PA. 17013 Defendant Name: KEVIN E. MAJOR Member ID Number: 4495000111 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Plaintiff Name Financial Break Down of Multiple Cases on Attachment PACSES Docket Case Number Number LESLIE E. MACKLEY 126110044 08-2715 CIVIL Attachment Amount/Frequency 675.00 / MONTH C) r -a /-Q _ : .c- Fri /2C -y- :- . t< >: OD Cr, TOTAL ATTACHMENT AMOUNT: $ 675.00 >C"") -H Cil Now, by Order of this Court, the Department of Labor and Industry, Office of UnemployrnenF Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 155.34 per week, or 50%, of the Unemployment Compensation benefits otherwise payable to the Defendant, KEVIN E. MAJOR Social Security Number XXX -XX -5439, Member ID Number 4495000111 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated NOVEMBER 9, 2014 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: NOV 1 8.2414 //.-�� C istylee L. Peck JUDGE Service Type M Form EN -530 Worker ID $IATT