Loading...
HomeMy WebLinkAbout08-2738Lawrence K. Berger-Knorr, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION Ann L. Berger-Knorr, : NO. d$- 2738 Civ? t Term Defendant : IN DIVORCE N O T I C E T O D E F E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 Lawrence K. Berger-Knorr, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION Ann L. Berger-Knorr, : NO. Defendant : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 (Lawrence K. Berger-Knorr, Plaintiff VS. (Ann L. Berger-Knorr, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 01- -z 13 P : IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Lawrence K. Berger-Knorr, a citizen of Pennsylvania, residing at 1461 English Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Ann L. Berger-Knorr, a citizen of Pennsylvania, residing at 8 Appaloosa Way, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui 'uris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on November 5, 1994, in Cape Haze, Uninc Charlotte County, Florida. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. L4. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 23. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT VII Request for Confirmation of Custody Under 3104 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff is Lawrence K. Berger-Knorr, residing at 1461 English Drive, Mechanicsburg, Cumberland County, Pennsylvania. 26. Defendant is Ann L. Berger-Knorr, residing at 8 Appaloosa Way, Carlisle, Cumberland County, Pennsylvania. 27. Plaintiff seeks joint legal custody and liberal visitation of the following children: Name Present Residence Age Taylor Berger-Knorr 8 Appaloosa Way DOB- 7/22/98 Abbey Berger-Knorr 8 Appaloosa Way DOB- 5/04/02 28. The children were not born out of wedlock. 29. The children are presently in the custody of Defendant who resides at 8 Appaloosa Way, Carlisle, Cumberland County, Pennsylvania. 30. During the past five years, the children have resided with the following persons at the following addresses: Person Plaintiff Defendant Taylor Berger-Knorr Abbey Berger-Knorr Defendant Taylor Berger-Knorr Abbey Berger-Knorr Address 8 Appaloosa Way 8 Appaloosa Way DOB- 4/16/08 4/16/08- present Date 31. The mother of the children is Ann L. Berger-Knorr, Defendant who currently resides at 8 Appaloosa Way, Carlisle, Cumberland County, Pennsylvania. 2. She is married to Plaintiff. 3. The father of the children is Lawrence K. Berger-Knorr, laintiff, who currently resides at 1461 English Drive, echanicsburg, Cumberland County, Pennsylvania. 4. He is married to Defendant. 35. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with Tammy 4utchler, Plaintiff's girlfriend. 36. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the children.. 37. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 38. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 39. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 40. The best interest and permanent welfare of the children will be served by granting the relief requested. 41. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE. 42. Defendant shall have primary physical custody and Plaintiff shall have the right to reasonable and liberal visitation with the children. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant him partial physical custody and joint legal custody. Respectfully submitted, DISSINGER and DISSINGER Mary A.'Etter Di singer Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717)975-3924 - fax VERIFICATION I, Lawrence K. Berger-Knorr, verify that the statements made in the Divorce 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. Lawrence K. Berger-Knorr, Plaintiff N 0 :?Mw co qt PN t'^, LAWRENCE K. BERGER-KNORR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANN L. BERGER-KNORR DFFFNI)ANT 2008-2738 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 02, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 03, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ,john _ j. Man an r. Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?? ??? ?? G/ .. jat? LAWRENCE K. BERGER-KNORR, Plaintiff/Respondent V. ANN L. BERGER-KNORR Defendant/Petitioner JN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 08-2738 PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES AND ALIMONY AND NOW comes the Defendant/Petitioner, Ann L. Berger-Knorr, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, and Beckley & Madden, of Counsel, files this Petition for Alimony Pendente Lite, Counsel Fees, Costs and Expenses and Alimony, in which she avers that: 1. Defendant/Petitioner, Ann L. Berger-Knorr, is an adult individual residing at 8 Appaloosa Way, Carlisle, Cumberland County, Pennsylvania 17015. 2. Plaintiff/Respondent, Lawrence K. Berger-Knorr, is an adult individual residing at 1461 English Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff/Respondent filed a Divorce Complaint in this matter on or about April 29, 2008, at the above-captioned docket number. 4. Defendant/Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself in the standard of living established during the marriage through appropriate employment. 5. Defendant/Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 6. Defendant/Petitioner is unable to sustain herself during the course of this litigation and will require alimony pendente lite in order to do so. 7. Defendant/Petitioner requires reasonable alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 8. Plaintiff/Respondent has adequate earnings to provide for the Defendant's/Petitioner's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant/Petitioner, Ann L. Berger-Knorr, respectfully requests the Court to: (1) enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; and (2) enter an award of alimony in her favor. DATED: ? 40-o? of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Charles O. Beckley, II 2 Respectfully submitted, VERIFICATION I, Ann L. Berger-Knorr, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. DATED: V Ann L. Berger-Knorr CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 28 North Thirty-Second Street Camp Hill, PA 17011 DATED: 4zi#e *.ec s /1' Q rte %JO eel r? (Lawrence K. Berger-Knorr, Plaintiff VS. (Ann L. Berger-Knorr, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 08-2738 - Civil Term : IN DIVORCE AFFIDAVIT OF MAILING (COMMONWEALTH OF PENNSYLVANIA . ICOUNTY OF CUMBERLAND ss .. Mary A. Etter Dissinger, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt dated May 1, 2008, attached hereto as Exhibit "A". Mary A. Etter Dissinger Y Attorney for Plaintiff Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924- fax worn to and subscribed efore me this 5th ay of May, 2008. Notary Public NOWKWAl Nda y ftft CAWN&L 80MYJ8K GWANW{M000UW My Camn don I ipi JW n, 2004 M 7f TOA A%jkA V#k:M ows,tv IV-,, 3fA1? 3'T1"?MM VfNIXJ C]Y4A1R Atli .N? Am ? ¦ Complete items 1, 2, and 3. Also complete A. S ature item 4 if Restricted Delivery is desired. t Print your name and address on the reverse so that we can return the card to you. B. Received by Printed Name) C. ¦ Attach this card to the back of the mailpiece, qr on the front if space permits. n L D. Is delivery address different from item 1? 1. Article Addressed to: If YES, enter delivery address below: &Itt C&zr-4?tt? a,7 ,X0 ? Agent Addressee go of Delivery ? Yes ? No 3 Ice Type ifled Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) yes 2. Article Number 7006 0100 0007 1055 2686 (Transfer from service fabeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" T 'r 7 f P r- LAWRENCE K. BERGER-KNORR, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-2738 CIVIL TERM ANN L. BERGER-KNORR, IN DIVORCE Defendant/Petitioner PACSES Case No: 801110074 ORDER OF COURT AND NOW, this 3rd day of June 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 3,638.62 and the Respondent's monthly net income/earning capacity is $ 6,318.06, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Four Hundred Thirty-four and 75/100 Dollars ($434.75) per month payable bi-weekly as follows: $ 434.75 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is May 1, 2008. . Arrears set at $ 434.75 as of June 3, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Ann L. Berger-Knorr. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 .y The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other parry no later than March 31 Sc of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100% by the Petitioner. [] Respondent X[] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [X] Petitioner [] Respondent shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order considers an additional sum of $185.24 for the mortgage payment on the marital home. The Respondent is given credit in the amount of $434.75 for direct payment to the Petitioner on this date. The Petitioner is to maintain her own medical insurance coverage. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either parry files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: June 4, 2008 to: Petitioner Respondent Elizabeth S. Beckley, Esq. Mary A. Dissinger, Esq. DRO: R.J. Shadday Petitioner's Attorney Respondent's Attorney BY THE COURT, e Edward E. Guido, J. ` ` ? .. ?' =- ?,, "f , ..,? c... `?:? -r, ?` ;?, ? - ?, f -? f ; ,_ _ ? ? ' :, c? w ; ..?. c.?' ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 948109992 Co./City/Dist. of CUMBERLAND 365 S 2008 Date of Order/Notice 06/03/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH* C/O WAGE ATTACHMENT SECTION PO BOX 8006 HARRISBURG PA 17105-8006 08-2738 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE:BERGER-KNORR, LAWRENCE K. Employee/Obligor's Name (Last, First, MI) 161-62-5409 Employee/Obligor's Social Security Number 9925101973 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated'with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 2, 282.52 per month in current support $ 25.11 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 2, 307.63 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: $ 532.53 per weekly pay period. $ 1065.06 per biweekly pay period (every two weeks). $ 1,153.82 per semimonthly pay period (twice a month). $ 2. 307.63 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COU Date of Order: JUN 0 4 2008 EDWARD E. GUIDO, JUDO DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck f you are required to provide a copy of this form to your?mployee. If your employee works in a state that is N event from the state that issued this order, a copy must be provi ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* 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/obl'igor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: BERGER-KNORR LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: IDOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717)240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT r -r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BERGER-KNORR, LAWRENCE K. PACSES Case Number 801110074 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 08-2738 CIVIL$ 434.75 Child(ren)'s Name(s): DOB PACSES Case Number 948109992 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 00365 S 2008 $ 1,872.88 Child(ren)'s Name(s): DOB TAYLOR BERGER-KNORR 06/22/98AB I~X Bi~RGER- KN(3t2R 05/64702 ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB 0If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ............... .. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $1ATT f'y ? ?i ?? <. ?. 3 LAWRENCE K. BERGER-KNORR, Plaintiff V. ANN L. BERGER-KNORR, Defendant JUN 16 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2738 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT 4AK AND NOW this day of June, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Lawrence K. Berger-Knorr, and the Mother, Ann L. Berger-Knorr, shall have shared legal custody of Taylor Berger-Knorr, born 7/22/1998 and Abbey Berger- Knorr, born 5/04/$002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. On June 13, 2008, Father shall have physical custody of the Children from Friday 5:30 pm until Sunday 6:00 pm. The non-custodial parent shall trangport/pick up the Children. b. Father shall have physical custody every Tuesday and Thursday from 5:30 pm until 8:00 pm. Father shall provide the transportation. C. Commencing June 27, 2008, Father shall have physical custody of the Children every other weekend from Friday until Sunday evening. For Father's weekends, Father shall pick the Children up on Friday at 5:30 pm. Mother shall pick the Children up at Father's residence on Sunday, approximately 9:30 am, for church and then return the Children to Father after the church activities. Father shall then return the Children to Mother's residence by 6:00 pm on Sunday. d. Father shall have physical custody of the Children at such other times as the parties may mutually agree. It is further understood that the parties may alter this schedule by mutual agreement. 3. Counseling: The parties are directed to continue to engage in family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays or when the Children are off of school for a recognized holiday (Martin Luther King Day, Columbus Day, Veteran's Day etc.), the non-working parent shall have physical custody of the Children for that time period the other parent is working. The non-custodial parent shall pick up the Children for the holiday schedule attached and pursuant to this paragraph. 6. Each parent shall have two non-consecutive weeks of vacation with the Children per summer. With the exception of summer 2008, the requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A status update conciliation conference is hereby scheduled for October 27, 2008 at 9:00 am at the Court of Common Pleas, Carlisle, PA 17013. the istribution: ?lizabeth Beckley, Esq. Mary A. Etter Dissinger, Esq. ,/John J. Mangan, Esq. COP I PS rntdFXL &/17/6) e L:7? J. VN AIRSr 43d ki Nn-, na g.?-'r,--lsl`J` 8't :Zi Wd 1.1 of 90OZ iViONC" O'd'd 3Hi J0 HOLIDAYS AND TRIES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da From 9 am until 6 m Father Mother Memorial Da From 9 am until 6 m Mother Father -Independence Da From 9 am until 6 m Father Mother Labor Da From 9 am until 6 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1 From 8 am Thanksgiving Day to 2 Father Mother Half 2008 m on Thanks ivin Da Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Farther half 2008 noon the day after Thanksgiving Da Thanksgiving from From Wednesday the day before Father Mother 2009 onward Thanksgiving 6:00 pm until Sunday 6:00 m Christmas 1 s Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2° Half From noon on 12/25 to noon on Father Mother 12/26 New Year's From 6 pm 12/31 until noon January Father Mother 1st (with the 12/31 year to control the even/odd determination Mother's Day 1 From 9 am until 6 m Mother Mother Father's Day I From 9 am until 6 m Father Father LAWRENCE K. BERGER-KNORR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANN L. BERGER-KNORR, Defendant No. 08-2738 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Taylor Berger-Knorr 7/22/1998 Primary Mother Abbey Berger-Knorr 5/04/2002 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 10, 2008 with the following individuals in attendance: The Mother, Ann L. Berger-Knorr, with her counsel, Elizabeth Beckley, Esq. The Father, Lawrence K. Berger-Knorr, with his counsel, Mary A. Etter Dissinger, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John gan, Esquire Cus dy onciliator ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/24/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH* C/O WAGE ATTACHMENT SECTION PO BOX 8006 HARRISBURG PA 17105-8006 948109992 365 S 2008 RE: BERGER- KNORR 08-2738 CIVIL O Origi nal Order/Notice Amended Order/Notice XOTerminate Order/Notice QOne-Time Lump Sum/Notice LAWRENCE K. Employee/Obligor's Name (Last, First, MI) 161-62-5409 Employee/Obligor's Social Security Number 9925101973 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? Dyes ® no one-time lump sum payment for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY N IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R. J. SHADDAY Service Type M OMB No.: 0970-0154 Form A-OZS Rev. 3 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El If 4hecke?l you are required to provide a copy of this form to your m loyee. If yorr employee works in a state that is di Brent rrom the state that issued this order, a copy must be provi?edpto your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: E3 EMPLOYEE'S/OBLIGOR'S NAME: BERGER- KNORR, LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 3 Worker ID $IATT R ADDENDUM Summary of Cases on Attachment Defendant/obligor: BERGER-KNORR, LAWRENCE K. PACSES Case Number 801110074 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 08-2738 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number 948109992 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 00365 S 2008 $ 0.00 Child(ren)'s Name(s): DOB TAYLOR BERGER-KNORR 06/22/98 ABBEY BE GEt.-KTOt! (i5?:0lfQ2 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 3 Worker ID $IATT - ul .w w ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-2738 CIVIL 948109992 State Commonwealth of Pennsylvania 365 S 2008 OOriginal Order/Notice Co./City/Dist. Of CUMBERLAND OAmended Order/Notice Date of Order/Notice 08/07/08 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number GIANT FOOD STORE LLC C/O PAYROLL DEPT PO BOX 249 CARLISLE PA 17013-0249 161-62-5409 Employee/Obligor's Social Security Number 9925101973 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,847.77 $ 25.11 $ 0.00 $ 0.00 $ 434.75 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? O yes & no one-time lump sum payment for a total of $ 2,307.63 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: $ 532.53 per weekly pay period. $ 1,153.82 per semimonthly pay period (twice a month) $ 1065.06 per biweekly pay period (every two weeks) $ 2, 307.63 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURIT BER N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. SHADDAY RE:BERGER-KNORR, LAWRENCE K. Employee/Obligor's Name (Last, First, MI) EDWARD E. Service Type M OMB No.: 0970-0154 JUDGE Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS EJ If heckefl you are required to provide a opy of this form to your ployee. If yo r employee works in a state that is di Brent rrom the state that issued this or ler, a copy must be provigim to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2518690110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : D THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED EMPLOYEE'S/OBLIGOR'S NAME: BERGER -KNORR, LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-01 S4 Worker ID $IATT r % ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BERGER-KNORR, LAWRENCE K. PACSES Case Number 801110074 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 08-2738 CIVIL$ 434.75 Child(ren)'s Name(s): DOB PACSES Case Number 948109992 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 00365 S 2008 $ 1,872.88 Child(ren)'s Name(s): DOB TAYLOR BERGER-KNORR 06/22./98 ABBEY BMGRP.- xl<aok.R 0.5 (14 f 0.2, 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT a 4 ? : ? .. co , D ? v4 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS OFFICE ANN L BERGER-KNORR ) Docket Number 08-2738 CIVIL Plaintiff vs. PACSES Case Number 801110074 LAWRENCE K. BERGER-KNORR ) Other State ID Number Defendant ) PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of ANN L BERGER-KNORR represents that on 6/3/2008 support of respectfully , an Order of Court was entered for the A true and correct copy of the order is attached to this petition. Form OM-501 Service Type Worker ID CSwS- BERGER-KNORR V. BERGER-KNORR PACSES Case Number: 801110074 2. Petitioner is entitled to 0 increase 0 decrease Q termination p reinstatement )K)-bther of this Order because of the following material and substantial change(s) in circumstance: ,2 WHEREFORE, Petitioner requests that the Court modify the existing order for support. L Petitioner Attorney for Petitioner I verify 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 unswom falsification to authorities. 'C11) b? Date L ( 2a Petitioner Page 2 of 2 Form OM-501 Service Type Worker ID csws- (4 b oQ OQ >~? o cn E? a. a "Cl Oz O W ,? ?.° 0° 3 la. s c O o tz. o ?z O U z N l O,73 00 w O'D UW d 'O U M ?w°M $Z ° o Cc' 0 Z A U O ?, 0 0O '? w? '? Q o C N y N o O, oo '? co o u, 3 4. a• ors -t5 o ?6 a -? ta u -S W G7 Z o ?, W N= ''t >~ O o ° c coon. on o .. Cd 60q C! 13 Cd a? Q U v? ?I 0 ?' o cd ci cl, v, bA p, ,...., ? f1, a a? cd ?•?+ ai ^O a? C) ? o o' v -C; 'A -T5 cn s?• ?, 0 3 ? o O O 4, VV+ cl 7$ U b ?vr? cd .O N O ' O O N S1 y cd U to o co (v >>.' +- c +~ ?CJi O t" O t" 3 U w cis a? . b O C to En 2 > y O " cr v1 ?. O .C 0 o 12 74 OW M U N cQ > to .s: Ca O U ??+ t+r "7 O 3 N C?? a? ai t3. . a? 00 to., X .0 O O cd U p. O ig l; 0 v, o ti> C U cv z7 . 0 0 0 ?, ;? "T.J "IV C's `d "' 0 4, 0 .. aY O U a] CZ, +q O E j u O Cw" 'C i." O O O a ? ? a ?. Cd +=+ O ? U G, O ? tb a o 4, ¢ 40. on o $z 7s yo N 6g r rul .r 4-4 00 0 0 o cz c? ?+ cn U cd 4 + C1. ? oA y 0 0 ? .o ?. •! Con a? a? 0 ? U a? H b H E-+ 40, O '2 > O C O 0 O 0 a a c ti c O a d O Q v? > d .a W> zW ? Q' ? a ?F a ? o w w o ? W H ? x S N Q O U A ""? °O d N H A P? z O U z a w W W W d N O ? ? 00 > ? a U U zZ C c f .. w o i" ate" o %y CL'i c y 6 ( r ° ? w ? B o a Q a ? 4-4 ^ B o a w w ? ? ? p ?? ? o o .? ? o •^ x` w A z o V i V a ca ,. 0 C N 12 't r :. ;cow . AM - es ,.._ w _ JQ f't7 V 1 d 40 v ?I a LAWRENCE K. BERGER-KNORR, : THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-2738 CIVIL TERM ANN L. BERGER-KNORR, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 801110074 ORDER OF COURT AND NOW, this 18th day of August, 2008, a petition has been filed against you, Lawrence K. Berger- Knorr, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on September 10, 2008 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Elizabeth Beckley, Esq. Mary A. Dissinger, Esq. Date of Order: August 18, 2008 R. J. S day, onference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRAENT 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 00 .K •.. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-2738 CIVIL State Commonwealth of Pennsylvania 948109992 Original Order/Notice Co./City/Dist. of CUMBERLAND 365 S 2008 Amended Order/Notice Date of Order/Notice 08/29/08 0Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice EmployerAVithholder's Federal EIN Number RE:BERGER-KNORR, LAWRENCE K. Employee/Obligor's Name (Last, First, MI) GIANT FOOD STORE LLC C/O PAYROLL DEPT PO BOX 249 CARLISLE PA 17013-0249 161-62-5409 Employee/Obligor's Social Security Number 9925101973 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,847.77 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? O yes (D no $ 0.00 per month in current medical support $ o.oo per month in past-due medical support $ 434.75 per month in current spousal support $ o . oo per month in past-due spousal support $ o . o o per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 2,282.52 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: $ 526.74 per weekly pay period. $ 1,141.26 per semimonthly pay period 1053.47 (twice a month) $ per biweekly pay period (every two weeks) $ 2,282. 52 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) 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'sf obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY N?t`7fV ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. SHADDAY EDW DD E Service Type M OMB No.: 0970-0154 JUDGE Form EN-028 Rev. 4 Worker ID $ IATT 3y .,. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS (J If hecke?l you are required to provide c opy of this form to your?mployee. If yoyr employee works in a state that is di erent trom the state that issued this or er, a copy must be prove edd to your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2518690110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BERGER- KNORR, LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT. 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 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. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT I , +. ADDENDUM Summary of Cases on A"--L m__ent_ Defendant/Obligor: BERGER-KNORR, LAWRENCE K. PACSES Case Number 801110074 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 08-2738 CIVIL$ 434.75 Child(ren)'s Name(s): DOB PACSES Case Number 948109992 Plaintiff ANN L. BERGER-KNORR Docket Attachment A------ 00365 S 2008 $ 1,847.77 Child(ren)'s Name(s): TAYLOR BERGER-KNORR DOB ABB.Mt BERGER-KNORR 06/22/98 05/04/x2 PACSES Case Number Llaintiff Name Docket Attachment Amount $ Child(renys Name(s): 0.00 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 $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Service Type M Addendum Form EN-028 Rev. 4 OMB No.: 0970-0754 Worker I D $ IATT . t S ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Penn yl ania 948109992 Co./City/Dist. of CUMBERLAND 365 S 2008 Date of Order/Notice 09/10/08 Case Number (See Addendum for case summary) Employe r/With holder's Federal EIN Number GIANT FOOD STORE LLC C/O PAYROLL DEPT PO BOX 249 CARLISLE PA 17013-0249 161-62-5409 Employee/Obligor's Social Security Number 9925101973 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 2,179.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Ayes ® no $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ 66o.o0 per month in current spousal support $ 20. oo per month in past-due spousal support $ o . oo per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 2,859.00 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: $ 659.77 per weekly pay period. $ 1, 429.50 per semimonthly pay period 1319.54 (twice a month) $ per biweekly pay period (every two weeks) $ 2,859.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME A PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURIMBE ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDWARD E. GUI DO, JUW3E DRO: R. J. SHADDAY Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT 08-2738 CIVIL OOriginal Order/Notice OAmended Order/Notice 0Terminate Order/Notice OOne-Time Lump Sum/Notice RE:BERGER-KNORR, LAWRENCE K. Employee/Obligor's Name (Last, First, MI) ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifhecketi you are required to provide a?opy of this form to your m loyee. If your employee works in a state that is di event trom the state that issued this or er, a copy must be provigedpto your employee even if t?e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2518690110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:BERGER-KNORR, LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 DATE OF SEPARATION LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 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 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMS No.: 097"154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BERGER-KNORR, LAWRENCE K. PACSES Case Number 801110074 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 08-2738 CIVIL$ 680.00 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 Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number 948109992 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 00365 S 2008 $ 2,179.00 Child(ren)'s Name(s): DOB TAYLOR BERGER-KNORR 06_/22/98 A.?t3E?" : BI????KNE?t212 ' Q?? tM? / Q 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 Form EN-028 Rev. 4 Worker ID $IATT ..; r r cn ? iii r -ti; ??' ? ?? ? '?a ?,?, -< ,1.% LAWRENCE K. BERGER-KNORR, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA VS. ANN L. BERGER-KNORR, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 08-2738 CIVIL TERM IN DIVORCE PACSES Case No: 801110074 ORDER OF COURT AND NOW, this 10th day of September 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 3,690.48 and the Respondent's monthly net income/earning capacity is $ 7,811.04, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Six Hundred Eighty and 00/100 Dollars ($ 680.00) per month payable weekly as follows: $ 660.00 per month for Alimony Pendente Lite and $ 20.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $156.92 weekly. The effective date of the order is August 12, 2008. Arrears set at $ 836.35 as of September 10, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Ann L. Berger-Knorr. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 This order includes an additional sum of $98.00 per month for mortgage contribution. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: September 11 2008 to: Petitioner Respondent Elizabeth S. Beckley, Esq. Mary A. Dissinger, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, .uz .? Edward E. Guido, J. DRO: R.J. Shadday m -vt? ? ?+.,, ?v ti v? z.: ? ? Cam' 4.. ? ? ?? „ `n ? =-+ •- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/01/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number GIANT FOOD STORE LLC C/O PAYROLL DEPT PO BOX 249 CARLISLE PA 17013-0249 08-2738 CIVIL 948109992 OOriginal Order/Notice 365 S 2008 OAmended Order/Notice 0Terminate Order/Notice OOne-Time Lump Sum/Notice RE:BERGER-KNORR, LAWRENCE K. Employee/Obligor's Name (Last, First, MI) 161-62-5409 Employee/Obligor's Social Security Number 9925101973 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 2,179.00 per month in current child support $ 52.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ 660.00 per month in current spousal support $ 20. oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 2,911.00 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: $ 671.77 per weekly pay period. $ 1, 455.50 per semimonthly pay period (twice a month) $ 1343.54 per biweekly pay period (every two weeks) $ 2, 911.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND ES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY ?p1 BER IN DER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDWARD E. GUIDO, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 4 Service Type M OMB No.:097aoi54 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to provide a opy of this form to your m loyee. If yo r employee works in a state that is diferent from the state that issued this order, a copy must be provic?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2518690110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: BERGER- KNORR, LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 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. 4 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BERGER-KNORR, LAWRENCE K. PACKS Case Number 8o111o074 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 08-2738 CIVIL$ 680.00 Child(ren)'s Name(s): DOB PAGES Case Number 948109992 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 00365 S 2008 $ 2,231.00 Child(ren)'s Name(s): DOB TAYLOR BERGER-KNORR 06/22/98 ABBEY 'SERGE R>- KNORR 0 S / 04 / 02 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 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT (} na cp ?y ? g a it C'1 -t LAWRENCE K., BERGER-KNORR, Plaintiff V. ANN L. BERGER-KNORR, Defendant 1,0 41 L Co LVvv IN THE COURT OF COMMOaf PLEAS OF CUMBERLAND COUNTY, P1:N.NSYLVANIA No. 08-2738 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this 4/ ;1 _ day of October 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order dated June 17, 2008 is hereby VACATED and replaced with 1:his Order. 2. Legal Custody: The Father, Lawrence K. Berger-Knorr, and the Mother, Ann :L.. Berger-Knorr, shall have shared legal custody of Taylor Berger-Knorr, born 7/22/1998 and Abbey Berger- Knorr, born 5/04/2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Father shall have physical custody of the Children every other weekend from Friday 5:30 pm until Sunday 6:00 pm. The non-custodial parent shall transport/pick up the Children; i.e. Father shall pick the Children up on Friday at 5:30 pm at Mother's residence and Mother shall pick the Children up at 6:00 pm Sunday at Father's residence. Father has agreed to make all reasonable efforts to take the Children to church on Sunday when the Children are in his custody. b. Father shall have physical custody every Tuesday and Thursday from 5:30 pm until 8:00 pm. Father shall provide the transportation with the exception that Mother shall pick the Children up at Father's residence on Thursday at approximately 8:00 pm. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. It is further understood that the parties may alter this schedule by mutual agreement. 4. Counseling: The parties are directed to continue to engage the Children in individual counseling with Kristin Davin. Additionally, the parties have agreed, and are directed, to engage in therapeutic family counseling with Ms. Davin or some other mutually-agreed upon professional. The purpose of said therapeutic counseling would be to address . -• separation/security issues of Abbey and to ascertain whether overnights during the week or increased custodial time with Father would be appropriate. Father has agreed to initiate the request to set up a schedule with the counselor. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays or when the Children are off of school for a recognized holiday (Martin Luther King Day, Columbus Day, Veteran's Day etc.), the non-working parent shall have physical custody of the Children for that time period the other parent is working. The non-custodial parent shall pick up the Children for the holiday schedule attached and pursuant to this paragraph. Holiday times supersede the regular physical custody schedule. 7. Each parent shall have two non-consecutive weeks of vacation with the Children per summer. With the exception of summer 2008, the requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. Vacation times supersede the regular physical custody schedule. 8. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A status update conciliation conference may be initiated by either party as necessary or proper in or after February 2009 by contacting the assigned conciliator for scheduling. y the Court, J. 11ti+t ?i_ 99 :$ WV 0C 100 BE Atj'dlUw:-..i? 3Hi JO D*stribution: ?l; izabeth Beckley, Esq. A. Etter Dissinger, Esq. XJ- Mangan, Esq. COfcIs r,l.cLqr-v !0130108 tu?l HOLIDAY S AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS East D er a Mem i l D From 9 am until 6 m Father Mother or a a I d d From 9 am until 6 m Mother Father n e n ence Da Lab D From 9 am until 6 m Father Mother or a Hall From 9 am until 6 m Mother Father oween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving l s Half 2008 From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half 2008 From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Thanksgiving from 2009 onward From Wednesday the day before Thanksgiving 6:00 pm until Sunday 6:00 m Father Mother Christmas 1 S Half From noon on 12/24 to noon on 12/25 Mother Father Christmas 2n Half From noon on 12/25 to noon on 12/26 Father Mother New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination Father Mother M th ' D o er s ay I F th ' D From 9 am until 6 m Mother Mother a er s a From 9 am until 6 m Father Father w LAWRENCE K. BERGER-KNORR, Plaintiff V. ANN L. BERGER-KNORR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2738 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido, J. CUSTODY CONCHdATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C M PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 2. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Taylor Berger-Knorr 7/22/1998 Primary Mother Abbey Berger-Knorr 5/04/2002 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 10, 2008, an Order was issued June 17, 2008 and a status conference was held October 27, 2008 with the following individuals in attendance: The Mother, Ann L. Berger-Knorr, with her counsel, Elizabeth Beckley, Esq. The Father, Lawrence K. Berger-Knorr, with his counsel, Mary A. Etter Dissinger, Esq. via telephone. 3. The parties agreed to the entry of an Order in the form as attached. /0 Dxl?e P ate Jo angan, Esquire C stod Conciliator ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CoXity/Dist. of CUMBERLAND Date of Order/Notice 01/22/09 Case Number (See Addendum for case summary) EmployerAVithholder's Federal EIN Number GIANT FOOD STORE LLC C/O PAYROLL DEPT PO BOX 249 CARLISLE PA 17013-0249 161-62-5409 Employee/Obligoes Social Security Number 9925101973 EmployeeJObligor's Case Identifier (See Addendum for plaintiff names associated with cases on attadunent) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 2,179.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes (g) no $ 0.00 per month in current medical support $ o.-00 per month in past-due medical support $ 660.00 per month in current spousal support $ o . oo per month in past-due spousal support $ o. 0o per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 2,839.00 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: $ 655.15 per weekly pay period. $ 1, 419.50 per semimonthly pay period (twice $ 13.10.31 per biweekly pay period (every two weeks) $ 2,839. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECU&gT%V?Aj0ER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. / _/? BY THE COURT: DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 948109992 365 S 2008 08-2738 CIVIL O Original Order/Notice QAmended Order/Notice OTerminate Order/Notice ()One-Time Lump Sum/Notice RE:BERGER-KNORR, LAWRENCE K. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 4 Worker ID 21205 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS theckei you are required to p tr vhide aopy of this form to your mployee. If yo r employee vyorks in a state that is i Brent rom the state that lssu t is o er, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee obligor. 3. * Reporting the Paydate/Date of Withholding: You must report the paydateldate of withholding when sending the payment. The paydateldate 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 employeeJobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2518690110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BERGER- KNORR, LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 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 employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BERGER-KNORR, LAWRENCE K. PACSES Case Number 801110074 Plaintiff Name ANN L. BERGER-KNORR Docket Attachment Amount 08-2738 CIVIL$ 660.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name PACKS Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID 21205 ro LAWRENCE BERGER-KNORR, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-2738 CIVIL TERM ANN L. BERGER-KNOW IN DIVORCE Defendant/Petitioner PACSES CASE: 801110074 ORDER OF COURT AND NOW to wit, this 3rd day of March 2009, it is hereby Ordered that the above captioned Alimony Pendente Lite case is adjusted in the amount of $381.70 from the credit of $381.70 under the child support case #948109992. The adjustment is due to PA RCP 1910.16-7(d), effective January 19, 2009. BY THE COURT: Edward ? J. DRO: R.J. Shadday xc: Petitioner Respondent Service Type: M Form OE-001 Worker: 21005 w ?. ??„ ?,o ?. --? ?= ?`- ? -? ?.? ?` ? ? ? ?' - " , , LAWRENCE BERGER-KNORR, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-2738 CIVIL TERM ANN L. BERGER -KNORR, IN DIVORCE Defendant/Petitioner PACSES Case No: 801110074 ORDER OF COURT AND NOW, this 8th day of July 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 3,400.49 and the Respondent's monthly net income/earning capacity is $ 7,922.46, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Nine Hundred Forty-seven and 00/100 Dollars ($ 947.00) per month payable bi-weekly as follows: $ 927.00 per month for Alimony Pendente Lite and $ 20.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is June 10, 2009. Arrears set at $ 1113.77 as of July 8, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Ann L. Berger-Knorr. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by the Respondent and 100 % by the Petitioner. [] Respondent [X] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [X] Petitioner [] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of: 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order considers an additional sum of $144.00 per month for a mortgage contribution. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: July 9. 2009 to: Petitioner Respondent Elizabeth S. Beckley, Esq. Mary A. Etter Dissinger, Esq. BY THE COURT, L Edward E. Guido, J. DRO: R.J. Shadday „- R Fl, Or TH 2009 JUL -8 PH 3' 26 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/08/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number GIANT FOOD STORE LLC C/O PAYROLL DEPT PO BOX 249 CARLISLE PA 17013-0249 161-62-5409 Employee/Obligor's Social Security Number 9925101973 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,913.00 $ $ 0.00 0.00 $ 0.00 $ 927.00 $ 20.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 2,860.00 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: $ 660.00 per weekly pay period. $ 1, 430.00 per semimonthly pay period (twice a month) $ 1320.00 per biweekly pay period (every two weeks) $ 2, 860.00 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, P 106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAW SES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECU 41 RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Edward E. Guido, Judge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT Arrears 12 weeks or greater? O yes ® no 948109992 365 S 2008 08-2738 CIVIL OOriginal Order/Notice @Amended Order/Notice 0Terminate Order/Notice QOne-Time Lump Sum/Notice RE:BERGER-KNORR, LAWRENCE K. Employee/Obligor's Name (Last, First, MI) ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required to provide gopy of this form to your?mpI yee. If your employee works in a state that is di Brent from the state that issued this or er, a copy must be provi ed to your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2518690110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BERGER- KNORR, LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRE FINAL PAYMENT AMOUNT- 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (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 $IATT ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: BERGER-KNORR, LAWRENCE K. PACSES Case Number 801110074 PACSES Case Number 948109992 Plaintiff Name Plaintiff Name ANN L. BERGER-KNORR ANN L. BERGER-KNORR Docket Attachment Amount Docket Attachment Amount 08-2738 CIVIL$ 947.00 00365 S 2008 $ 1,913.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB TAYLOR BERGER-KNORR 06/22/98 ABBEY BERG R-KNOR12 05/04/02 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev-5 Service Type M OMB No.: 0970-0154 Worker ID $IATT 4 ?t.-: ? ??y ZQ?9 ,?u,.... _ ,, ?,; ?'s: ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-2738 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania 948109992 Co./City/Dirt. of CUMBERLAND 365 S 2008 OAmended Order/Notice Date of Order/Notice 10/30/09 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE:BERGER-KNORR, LAWRENCE K. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 161-62-5409 Employee/Obligor's Social Security Number GIANT FOOD STORE LLC * 9925101973 C/O PAYROLL DEPT Employee/Obligor's Case Identifier PO BOX 249 (See Addendum for plaintiff names CARLISLE PA 17013-0249 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,913.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ o. oo per month in current medical support $ o . oo per month in past-due medical support $ 927.00 per month in current spousal support $ o . oo per month in past-due spousal support $ o . oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 2,840.00 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: $ 655.38 per weekly pay period. $ 1, 420.00 per semimonthly pay period (twice a month) $ 1310.77 per biweekly pay period (every two weeks) $ 2, 840.00 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 AN CSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURIT MBER I ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Edward u o, ge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El ifdhecked you are required, to provide asopy of this form to your m tloyee. If yoyr employee works in a state that is Brent from the state that issued this or er, a copy must b di e provided to your emp oyee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2518590110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BERGER- KNORR, LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS:. LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs, 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an 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 (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: BERGER-KNORR, LAWRENCE K. PACSES Case Number 801110074 PACSES Case Number 948109992 Plaintiff Name Plaintiff Name ANN L. BERGER-KNORR ANN L. BERGER-KNORR Docket Attachment Amount Docket Attachment Amount 08-2738 CIVIL$ 927.00 00365 S 2008 $ 1,913.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB TAYLOR BERGER-KNORR 06./22/98 ABBEY BERM-!KNORR' 05/!04/02 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 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 Worker I D $ IATT OMB No.: 0970-0154 Al FD-C'VRCE OF THE P-7DTIHONQTARY 2009 NOY _ 2 PPi 2: 4 9 {"ENI' Vii 7 LVAIINIA r ,SAP Lawrence K. iffrger-Kn??fE? 23 N. THE COURT OF COMMON PLEAS VS. D COUNTY P?N?QYLVANANA . Ct1iv ACTION Ann L. Berger-Knorr, NO. 08-2738 - Civil Term Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Lawrence K. Berger-Knorr, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery will be complete as to the claim(s) for which the appointment of a master is requested in tirty (30) days. (2) The Defendant has appeared in the action by her attorneys, Beckley & Madden. (3) The statutory ground(s) for divorce are fault, no fault, and on April 16, 2010, the grounds will be having lived separate and apart for two (2) years.. (4) Delete the inapplicable paragraph(s): (a) The action is contested with respect to the following claims: divorce, alimony and equitable distribution. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take three (3) hours. (7) Additional information, if any, relevant to the motion: None Date: C 6 Mary A. Etter Dissinger Attorney for Plaintiff cc: Elizabeth Beckley, Esquire Lawrence K. Berger-Knorr, Plaintiff VS. Ann L. Berger-Knorr, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA o : CIVIL ACTION -*? : NO. 08-2738 a : IN DIVORCE MOTION FOR BIFURCATION w .j 3tr- r,-! J c And now comes Lawrence K. Berger-Knorr, by and through Mary A. Etter Dissinger, his attorney and request the Court bifurcate the divorce from the economic issues and in support of that the Motion avers as follows: 1. Petitioner is Lawrence K. Berger-Knorr. 2. Respondent is Ann L. Berger-Knorr. 3. The Honorable Judge Edward E. Guido has not presided over this case, but has signed an agreed custody order after the parties met for custody conciliation. 4. The parties have been separated since April 16, 2008. 5. Discovery will be complete in less than 30 days. 6. Petitioner has filed a Motion to Appoint the Divorce Master. 7. It is in the best interest of the parties to terminate this marriage as it will assist them in healing and recovery from the emotional fall-out. 8. Petitioner has made generous offers of settlement to Defendant which have been ignored and because he has received no counter proposals he believes that it is Defendant's wish to hold him hostage as punishment for separation from her. 9. Petitioner wishes to remarry. 10. Respondent is the recipient of alimony pendente lite award of $927.00 per month which has permitted her since early 2008 to litigate this matter if she had chosen to do so. 10. A copy of this Motion has been provided to counsel for Respondent and counsel for Respondent does;/does not object, has/has not responded to said Motion. WHEREFORE Petitioner requests this court to bifurcate this matter granting him a divorce and preserving jurisdiction over all outstanding issues. Respectfully Submitted Mary A. Etter Dissinger 0 Attorney for Lawrence Berger-Knorr Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 - fax s ? VERIFICATION I, Lawrence K. Berger-Knorr, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. L r nce K. Berge -Knorr, Plaintiff ? M Lawrence K. Berger-Knorr, Plaintiff VS. Ann L. Berger-Knorr, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 08-2738 : IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Elizabeth Beckley, attorney for Respondent, by depositing same in the United States Mail, postage prepaid, addressed as follows: Elizabeth Beckley Beckley & Madden P.O. Box 11998 Harrisburg, PA 17108 Date: 3 y OA Mary A. Etter Dissinger, E Attorney for Petitioner FEB 2 4 20106 Lawrence K. Berger-Knorr, Plaintiff VS. Ann L. Berger-Knorr, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 08-2738 IN DIVORCE - Civil Teen m r-ri z :L1 zna ? tf ORDER APPOINTING MASTER AND NOW, uc. 2010,E. Robert Elicker, Esquire is appointed Divorce Master with respect to the following claims: divorce, alimony and equitable distribution BY THE COURT: ? z J. Distribution: / ?Mary A, Etter Dissinger, Esquire, 28 N. 32nd St., Camp Hill, PA 17011 ,-Irlfizabeth Beckley, Esquire, P.O.Box 11998, Harrisburg, PA 17108 1_c 3j?/rte FEB 2 4 2010 Lawrence K. Berger-Knorr, Plaintiff VS. Ann L. Berger-Knorr, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 08-2738 : IN DIVORCE n o 0 Z '_V 4 Gn ` RULE ..+ And now this ZY ` day of f?•-?a.N, , 2010, it is hereby Ordered and Decreed that the Rule is returnable on the day of 2010 or within -z-,o days of service. BY THE COURT: J. Distribution:" Mary A. Etter Dissinger, 28 N. 32nd Street, Camp Hill, PA 1011 lizabeth Beckley, P.O. Box 11998, Harrisburg, PA 17108 eo mgt L? Y ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 04/19/10 Case Number (See Addendum for case summary) Employer/withholder's Federal EIN Number 948109992 365 S 2008 08-2738 CIVIL 0Original Order/Notice @Amended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE:KNORR, LAWRENCE K. Employee/Obligor's Name (Last, First, MI) 161-62-5409 Employee/Obligor's Social Security Number GIANT FOOD STORE LLC * 9925101973 C/O PAYROLL DEPT Employee/Obligor's Case Identifier PO BOX 249 (See Addendum for plaintiff names CARLISLE PA 17013-0249 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,913.00 $ $ 0.00 0.00 $ 0.00 $ 927.00 $ 0.00 $ 0.00 $ 0.00 for a total of $ per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? one-time lump sum payment 2,840.00 per month to be forwarded to payee below. Ogs no t ? -C7 Q c 3 .J ._ `` ; M v t C rv ;. cD 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: $ 655.38 per weekly pay period. $ 1, 420.00 per semimonthly pay period (twice a month) $ -1.310.77 per biweekly pay period (every two weeks) $ 2, 840.00 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 Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. 000-00 BY THE COURT: Albert H. Masland, Judge DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ei If hecke you are required to provide a opy of this form to your m loyee. If yo r employee works; in a state that is dierent rom the state that issued this order, a copy must be provi?edpto your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobl igor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2518690110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:KNORR, LAWRENCE K. EMPLOYEE'S CASE IDENTIFIER: 9925101973 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT I ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KNORR, LAWRENCE K. PACSES Case Number 801110074 PACSES Case Number 948109992 Plaintiff Name Plaintiff Name ANN L. BERGER-KNORR ANN L. BERGER-KNORR Docket Attachment Amount Docket Attachment Amount 08-2738 CIVIL$ 927.00 00365 S 2008 $ 1,913.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB TAYLOR BERGER KNORR 06/22/98 AS.. ky Bgltd. 8 ?.XN.lR12 ::05/64,/-p 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 PACKS 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 OMBNo.:0970.0154 Worker ID $IATT A ., 2'0101°1,A - 3 F 4? i : 17 Lawrence K. Berger-Knorr, Plaintiff VS. Ann L. Berger-Knorr, Defendant : IN THE COURT' OF `ddMMbN PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 08-2738 : IN DIVORCE MOTION TO REVOKE APPOINTMENT OF DIVORCE MASTER And now comes Mary A. Etter Dissinger, Esq., counsel for Lawrence K. Berger-Knorr and requests this Honorable Court to revoke the appointment of the Divorce Master, and in support thereof avers as follows: 1. Counsel filed a Motion to Appoint the Divorce Master on behalf of the Plaintiff on February 23, 2010. 2. The parties have reached an agreement as to all matters that might be heard by a Divorce Master. 3. The Divorce Master's services are no longer required. 4. The Honorable Judge Guido has signed a custody order in this case and a alimony pendente lite order and a support order. 5. Attorney Elizabeth S. Beckley, counsel for the Wife, has been notified of the intention to file this motion and has no objection. w Wherefore, it is respectively requested that the Divorce Master's appointment be revoked. Respectfully Submitted, Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID 27736 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax Lawrence K. Berger-Knorr, Plaintiff vs. Ann L. Berger-Knorr, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 08-2738 : IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esq., do hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person below listed, by First Class United States Mail, postage prepaid, addressed as follows: Elizabeth Beckley Beckley & Madden P.O. Box 11998 Harrisburg, PA 17108 AND E. Robert Elicker, Esq., Divorce Master 9 North Hanover Street Carlisle, PA 17013 Date:_ 5/3/2010 L Mary A. Etter Dissinger, Esq. Lawrence K. Berger-Knorr, Plaintiff VS. Ann L. Berger-Knorr, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION ° -+ _71 i . NO. 08-2738 : IN DIVORCE w Y+ S ' ,1 AFFIDAVIT OF CONSENT -- 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on April 29, 2008 and served on May 1, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of the notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: At)r_11 I LaIJ 'A?? I ? ??? 4, 1 Lawrence K. Berg r- orr, Plaintiff Lawrence K. Berger-Knorr, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION Ann L. Berger-Knorr, : NO. 08 -27 38 Defendant : IN DIVORCE r'" t =- c,a _ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ` -- ` .-;.., ,..E §3301 (c)OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, alimony pendente lite, division of property, lawyer's fees or expenses if I do not claim them before a divorce is ,granted. understand that I will not be divorced until a divorce ?e is entered by the Court and that a copy of the decree be sent to me immediately after it is filed with the ionotary. I verify that the statements made in this affidavit are and correct. I understand that false statements herein made subject to the penalties of 18 Pa.C.S. §4904 ing to unsworn falsification to authorities. Lawrence K. B rger-K r, Plaintiff LAWRENCE K. BERGER-KNORR, Plaintiff V. ANN L. BERGER-KNORR Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA :CIVIL ACTION - LAW `-_- :IN DIVORCE :NO. 08-2738 w it 51 -a AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 29, 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 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: April 30, 2010 Ann L. Berger-Knorr LAWRENCE K. BERGER-KNORR, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA;= o -? V. :CIVIL ACTION - LAWS ANN L. BERGER-KNORR, :IN DIVORCE w Defendant :NO. 08-2738 -? = t^+ ?C7 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV8RCi DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. i' - r i_ Dated: April 30, 2010 Ann L. Berger-Knorr ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/03/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number GIANT FOOD STORE LLC C/O PAYROLL DEPT PO BOX 249 CARLISLE PA 17013-0249 161-62-5409 Employee/Obligor's Social Security Number 9925101973 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,913.00 per month in current child support c? reater? Des ort Arrears 12 weeks or hild h i t d E) no $ g ue c supp n pas - o . oo per mont $ 0. 0.0 per month in current medical support i j .. $ 0.00 per month in past-due medical support -` m $ 0.00 per month in current spousal support X- $ o. oo per month in past-due spousal support " $ o . o o per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment O . ? ` for a total of $ 1, 913.00 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: $ 46 per weekly pay period. $ 956.50 per semimonthly pay period 441 - (twice a month) $ 882.92 per biweekly pay period (every two weeks) $ 1, 913.00 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. 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 MA/L. BY THE COURT: DRO: R. J. Shadday Service Type M Albert H. Masland, Judge OMB No.: 0970-0154 948109992 365 S 2008 08-2738 CIVIL O Origi nal Order/Notice OAmended Order/Notice 0Terminate Order/Notice One-Time Lump Sum/Notice RE:KNORR, LAWRENCE K. Employee/Obligor's Name (Last, First, MI) Form EN-0.28 Rev.5 Worker I D $ IATT 4 MAY 0 4 10 Lawrence K. Berger-Knorr, Plaintiff VS. Ann L. Berger-Knorr, Defendant rV C? C7 M 2010, =yi 171 the : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 08-2738 : IN DIVORCE _C ORDER And now this day of appointment of the Divorce Master, E. Robert Elicker, Esquire is revoked. By The Court, A. Etter Dissinger, 28 N. 32nd Street, Camp Hill, PA Distribution: FI abeth Beckley, P.O. Box 11998, Harrisburg, PA 17108 COF Cq_S c ?? T 0 u AGRE _ Z) AGREEMENT made this day of2010 b and ? Y between Lawrence K. Berger-Knorr ("Husband"), of 436 East Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania and Ann L. Berger-Knorr ("Wife") of 8 Appaloosa Way, Carlisle, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on the 5th day of November in 1994. There was born two children of this marriage, said children being: Taylor Berger Knorr, age 11 and Abbey Berger-Knorr, age 7. The parties have no other issue, living or deceased, and have no adopted children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and as a result they have lived separate and apart since April 16, 2008. A proceeding for the divorce of the parties has been filed by the Plaintiff in the Court of Common Pleas of Cumberland County, Pennsylvania, on April 29, 2008, No. 08-2738. It is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future spousal support, alimony pendente lite, alimony and/or maintenance of Wife by Husband and of Husband by Wife; and possible claims by one against the other and against their respective estates. NOW THEREFORE, in consideration of the above recitals and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS Husband and Wife agree that Husband shall secure a "No-Fault" divorce based upon irretrievable breakdown of their marriage, subsequent to the parties' ninety (90) days separation. Husband and Wife further agree to execute their respective Affidavits of Consent under Section 3301(c) of the Domestic Relations Code of Pennsylvania, and to execute any and all other documents necessary under existing Rules of Pennsylvania Civil Procedure and local Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, in order to allow Husband to file all such documents in the Court of Common Pleas of Cumberland County, Pennsylvania on April 30, 2010. Husband and Wife agree one with the other that the execution of their respective Affidavits of Consent and their execution of any and all other documents made necessary to permit the entry of a final Decree in Divorce by the Court of Common Pleas of Cumberland County, Pennsylvania, shall occur contemporaneously with the execution of this Agreement. Neither Husband nor Wife shall either directly or indirectly permit the withdrawal of their respective Affidavits of Consent or any and all other documents executed by Husband and Wife subsequent to the execution of the documents. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect -2- 'r after such time as a final decree in divorce may be entered with respect to the parties. 3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a complete and final settlement, with reference to each party of: a. All of the respective property and property rights of the parties, b. The obligation of each party for the support of each other, and the parties agree that the terms of this Agreement shall be incorporated but not merged into any final divorce decree which may be entered with respect to them. 4. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The terms shall be incorporated into the final divorce decree for the purpose of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony pendente lite, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining -3- 40, ,0 the primary obligation of the parties. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the alimony, alimony Pendente Lite and support payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 8. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have been fully explained to the parties by their respective counsel, Elizabeth S. Beckley, Esquire, attorney for Wife, and Mary A. Etter Dissinger, Esquire, attorney for Husband. The parties acknowledge that they have received independent legal advice from -4- ,r 14 counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and the parties acknowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 et. seq., whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. -5- 9. REAL ESTATE A. The marital residence situate at 8 Appaloosa Way, Carlisle, Cumberland County, Pennsylvania, 17015 (herein referred to as "Residence"), presently owned by Husband and Wife shall hereafter become and remain the sole and exclusive property of Wife alone, and she shall enjoy sole and exclusive possession thereof. Wife, however, retains said property under and subject to all of the expenses associated with the residence, and specifically with regard to an existing mortgage owed to Wells Fargo encumbering the premises which she hereby assumes and agrees to pay. As part hereof, Wife agrees to save and hold harmless Husband from any and all liability or claims or damages or expenses (including attorney's fees and legal expense) that she may sustain or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, Wife's default or any default with regard to any expenses or mortgage payments which will or would result in any action with reference to said premises. Within 60 days of execution of this agreement, Wife shall refinance the marital residence, removing the Husband's name from all obligations. In the event she is unable to refinance or remove his name from the mortgage, the property shall on the 61st day from date of execution of this agreement be listed for sale. Upon sale all proceeds from the residence shall go to Wife. Wife shall retain all tax deductions associated with this residence and/or mortgage payments and Wife shall retain any and all escrowed funds, if any, that are refunded to the parties. 10. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, -6- s rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife, except to the extent specifically set forth otherwise in this Agreement. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of each other, except to the extent specifically set forth otherwise in this Agreement. The parties will specifically divide certain personal property as follows: a. Each waives any claim they may have to the deferred compensation, pension, retirement and/or profit sharing plan or other retirement benefits of the other. b. Husband shall retain his ownership rights in all corporations in which he is an owner or co-owner and all property of the corporations shall remain his. Husband shall be entitled to receive the accrued tax benefits if any, carry-over losses or gains, if any, owner's equity, if any, bank accounts, stock if any that arise from ownership of any of the corporations in which he holds an interest. Any contracts, inventory or intellectual property owned or held by any of his corporations shall continue to be the property of the corporation and Husband to the extent of his ownership. Any liabilities of the corporation shall continue to be the obligations of the corporation and of Husband to the extent of his corporate liability. Husband shall hold Wife harmless -7- I for any corporate liabilities. Wife hereby relinquishes any rights in his corporations, and their assets. C. Both Husband and Wife have created or contributed tc various creative works including books, articles and works of art during the course of their marriage. Husband shall retain all rights to all intellectual property authored, co-authored or created by him. Wife shall retain all rights to all intellectual property authored, co-authored or created by her. Each waives their rights in and to the property authored, co- authored or created by the other. 11. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 2008 Mustang shall become the sole and exclusive property of Husband, subject to its liens and encumbrances. b. The 2000 Honda Van shall become the sole and exclusive property of Wife. It is free and clear of any liens and encumbrances. C. The 2007 Honda Civic was leased in Husband's sole name. Husband has returned the leased vehicle and paid the termination fees. Wife waives her right in and to any value that the Honda Civic lease may have had. Husband waives his right to seek any compensation from Wife for the early termination of the lease and for payments made on the lease after date of separation. -8- The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. 12. LIABILITIES ASSUMED BY WIFE Wife shall assume individual responsibility for the respective debts listed on Schedule A of this Agreement. Wife will hereafter assume and retire in due course the full amount of each respective debt represented on Schedule A due and owing as of the date of execution hereof, and shall indemnify and hold Husband and his property harmless from any and all liability with respect to the debts hereby assumed by Wife. 13. LIABILITIES ASSUMED BY HUSBAND Husband shall assume individual responsibility for the respective debts listed on Schedule B of this Agreement. Husband will hereafter assume and retire in due course the full amount of each respective debt represented on Schedule B due and owing as of the date of execution hereof, and shall indemnify and hold Wife and her property harmless from any and all liability with respect to the debts hereby assumed by Husband. 14. ASSUMPTION OF ENCUMBRANCES Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other warrants that all dues, fees, assessments, -9- mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearages or deficiency has been given to the receiving party prior to the execution of this Agreement. 15. CREDIT CARDS The parties warrant that they have returned each to the other any charge cards, if any, in the name of the other party and each party agrees not to charge any expenses in the name of the other party. Each party represents and warrants that all jointly held accounts have been closed. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. Each party agrees to save and hold harmless and indemnify the other from any liability on any credit card debt assumed by him or her. 16. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. Husband certifies that there are no debts owed by any of his corporations for which he or Wife has signed or co-signed. 17. INDEMIFICATION OF WIFE If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed -10- by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 18. INDEMNIFICATION OF HUSBAND If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 19. WAIVER OF ALIMNY The parties acknowledge that inflation may increase or decrease, their respective incomes may change, that either may be employed or unemployed at various times in the future, that their respective assets may substantially increase or decrease in value, and that notwithstanding these or other economic circumstances, the parties acknowledge that they each have sufficient property and resources to provide for her or his reasonable needs and that each is able to support himself or herself without contribution from the other. Therefore, the parties hereby expressly waive, discharge and release and renounce any and all rights and claims which they may have now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance and they acknowledge that this Agreement constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. -11- 20. ALIMONY PENDENTE LITE The parties agree that Wife's Alimony Pendente Lite, currently paid through the Cumberland County Domestic Relations Office, shall terminate on April 30, 2010. 21. TAX RETURNS AND AUDITS Husband and Wife represent that all federal, state and local tax returns required to be filed by Husband and Wife have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. Husband and Wife further represent there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of Limitations on the assessment or collection of any tax for such periods. 22. INCOME TAX CONSIDERATIONS The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equitable division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 23. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. -12- ,A 24. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 25. LEGAL FEES Each party will be responsible for their respective counsel fees and costs involved in securing a 90-day no-fault divorce to be instituted by Lawrence K. Berger-Knorr as Plaintiff. In the event, for whatever reason, either party fails or refuses to execute an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent any breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 26. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them including those for necessities except for the obligations arising out of this Agreement. -13- k) N 27. WARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other's legal representatives, property or estate may be responsible. Each hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 28. PAYMENT OF SPECIFIED OBLIGATIONS During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be solely responsible for all bills, obligations and debts as set forth in Schedule B, attached hereto and made a part hereof. Except for any debt or obligation of either party to the other under this Agreement, each party agrees to pay and hold the other harmless from all personal debts and obligations incurred by him or her from the date hereof. Wife shall be solely responsible for all other bills, obligations and debts listed on Schedule A. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills and which, pursuant to the terms herein, are not the responsibility of the other party. In addition, each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability other than those described in this Agreement on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party, such party will, at his or her sole expense, defend the other against any such claim or demands -14- whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages resulting therefrom. 29. PROPERTY RELEASE It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision of this Agreement. All property hereunder is transferred subject to all existing encumbrances and liens thereon. The transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such encumbrances or liens. Such party will, at his or her sole expense, defend the other against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The insurance on the property being transferred hereunder is assigned to the party receiving such property, and the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the parties have intended to effect an equitable distribution of their assets. The parties have determined that the division of said property conforms to the criteria set forth in §3501 et. seq. of the Pennsylvania Divorce Code taking into consideration the length of marriage; the fact that it is the second marriage for Husband and first marriage for Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the party; the opportunity of each party for future -15- acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contributions or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the matrimonial estate. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 30. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by law of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other state, -16- Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision of this Agreement. 31. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may also reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, except that neither party is relieved or discharged from any obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 32. GENERAL PROVISIONS This Agreement shall be effective from and after the time of its execution. -17- 33. WAIVER OR MODIFICATION TO BE IN WRITING No modification, rescission, amendment or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 34. MUTUAL COOPERATION Each party shall on demand execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 35. LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated by it shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 36. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. -18- 37. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations other than those expressly set forth herein. 38. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement, including all Schedules and other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. 39. INCORPORATION OF SCHEDULES All Schedules and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 40. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith, and within ten (10) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 41. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, -19- nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 42. SEVERABILITY The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void, unenforceable or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 43. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 44. COUNTERPARTS This Agreement may be executed in any number of counterparts and any party hereto may execute any such counterpart, each of which when executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all the parties hereto. -20- • s EXECUTED in triplicate on the day and year first above written. La e ce K. Berger-Kno r l L Ann L. Berger-Knorr -21- to, Commonwealth of Pennsylvania . County of ?r?? , ss on this, the (q? day of 2010, before me the undersigned officer, personally appeared Lawrence K. Berger-Knorr, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here unto set my hand and notarial seal. NOTARIAL SEAL DANIELLE R VAN HORN Notary Public MARYSVILLE BOROUGH, PERRY COUNTY N tart' u bvi is My Commission Expires Mar 31, 2013 Commonwealth of Pennsylvania . ss County of On this, the/day of 2010, before me the _1? undersigned officer, personally appe red Ann L. Berger-Knorr, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here unto set my hand and notarial seal. -22- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ELIZABETH S. BECKLEY. Notary Public City of Harrisburg, Dauphin County My Commission Expires March 17, 2013 r ? SCHEDULE "A" Joint Wells Fargo Mortgage Chase Visa in Wife's Name Kohl's Credit Card in Wife's Name Macy's Credit Card in Wife's Name -23- SCHEDULE "B" Discover Credit Card in Husband's Name Chase Visa in Husband's Name Bank of America Line of Credit in Husband's Name Discover Line of Credit in Husband's Name Capital One Card in Husband's Name Capital One Card in Names of Husband's Various Businesses PSECU Loan for 2008 Mustang American Honda Finance Lease for 2007 Honda Civic Any debts incurred by any corporations owned by Husband Wachovia Credit Card Washington Mutual Credit Card-- -24- Lawrence K. Berger-Knorr, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION C? cN? Ann L. Berger-Knorr, : NO. 08-2738 a n Defendant ==' IN DIVORCE T. jk PRAECIPE TO TRANSMIT RECORD cn ,t. To the Prothonotary: Transmit the record, together with the following Uform-ati;Q, n, to the Court for entry of a divorce decree: 0 cc 1. Grounds for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: May 1, 2008, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Con ent required by § 3301(c) of the Divorce Code: By Plaintiff 5t) /f by Defendant V/ a /jo-_. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of N tiF e in § 3301(c) Divorce filed with the Prothonotary: Date Defendant's Waiver o Notice in § 3301(c) Divorce filed with the Prothonotary: El 3/in Respectfully submitted, DISSINGER AND DISSINGER Date: Mary A. Etter DAttorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717)975-3924 - fax cc: Mary A. Etter Dissinger, Esq., 28 N. 32nd Street, Camp Hill, PA 17011 Elizabeth Beckley, Esq., P.O. Box 11998, Harrisburg, PA 17108 : IN THE COURT OF COMMON PLEAS OF Lawrence K. Berger-Knorr : CUMBERLAND COUNTY, PENNSYLVANIA V. Ann L. Berger-Knorr 08-2738 : NO. DIVORCE DECREE 144-1* ;r 1.4 ? Y10-04 - AND NOW, M , it is ordered and decreed that Lawrence K. Berger-Knorr plaintiff, and Ann L. Berger-Knorr , defendant, are divorced from tlfe 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 The Marriage Settlement Agreement of the parties dated April 16, 2010 is hereby incorporated but not merged. By ou , Attest: J. Pr thonotary ?- 7-10 C04. Coq nn?ke8 LAWRENCE K. KNORR, Plaintiff/Respondent VS. ANN L. BERGER-KNORR, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-2738 CIVIL TERM IN DIVORCE PACSES CASE: 801110074 ORDER OF COURT rte ; . M ) 4 E , 2m z , 3z, AND NOW to wit, this 4th day of June, 2010, it is hereby Ordered that pursuant to the parties' Marital Settlement Agreement of April 16, 2010, the Alimony Pendente Lite is terminated effective April 30, 2010. There is no balance due to the Petitioner. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: Albert H. Masland, J. DRO: R.J. Shadday xc: Petitioner Respondent Form OE-001 Service Type: M Worker: 21005