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HomeMy WebLinkAbout08-3481AUSTIN R. DURF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Defendant : NO. 2008 -31/,Q _ CIVIL TERM AMBER M. DURF, CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVIES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AUSTIN R. DURF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. AMBER M. DURF, Defendant NO. 2008 - 3 11 F1 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Austin R. Durf, an adult individual who currently resides at 111 East Pomfret Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Amber M. Durf, an adult individual who currently resides at 49 %2 W. High Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 26, 2007 in Silver Springs, New York. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the Parties to participate in counseling. 8. Neither Plaintiff nor Defendant is a member of the Armed Forces of the United States or any of its allies. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER Z16- Robert J. iI , Esquire 8 I.D. 203,Yl 19 West outh Street Carlisle, Pennsylvania 17013 Phone: (717) 249-6873 Attorney for Plainitiff Date: 1St of June 2008 AUSTIN R. DURF, Plaintiff V. AMBER M. DURF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - CIVIL TERM CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Austin R. Durf, verify that the statements made in the foregoing Complaint in Divorce 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 of 18 Pa. C.S. § 4904 relating to unworn falsifications to authorities. 0 161-8L, Austin R. Durf Plaintiff Date: 1St of June, 2008 \`? ?.^i ?'V p `? ? ? 'v O. 0 C7 ? ?v ? °° ?i v ?? `V ?a ? `tl ?, ? tis ;- ; (3 Z r 1 : _ ' G.. C ? I?'?'1 ? -? sir. ,ft ___. ? ;Y? ?r?_% ? ti rM :.;7 G+? I SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-03481 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DURF AUSTIN R VS DURF AMBER M R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: DURF AMBER M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - DIVORCE the within named DEFENDANT 49 1/2 W HIGH STREET APT R2 CARLISLE, PA 17013 , DURF AMBER M NOT SERVED , as to SERVICE STOPPED PER FAX FROM ATTORNEY. Sheriff's Costs: So answers: Docketing 18.00 Service 5.00 Postage .59 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 +1910Q 4- V 33.59 OBRIEN BARIC SCHERER 06/17/2008 Sworn and Subscribed to before me this day of A. D. 2?S PAGE ? 25/"=0/2225 1 22 71724°_5755 Lau, Offices OTRIEN, SARIC & SCHERER 19 Kest South Street Carlisle, Pennsylvania 17073 Robert L. O'Brien David 4. Baric Alichael A. Scherer Roberl.l Dailey June 16, 2008 VIA FACSIMILE ONLY TO: (717) 240-6397 Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Re: Durf vs. Durf 2008-3481 Dear Sir or Madam: (717) 249-6373 Fax (717) 249-5''5; / &mail: rdailev a^ bstaN?c vn This letter shall memorialize the conversation my secretary had with your office on June 16, 2008 relative to the above-captioned matter. Please discontinue any attempt to make service of the Divorce Complaint filed on June 6, 2008 upon Amber Durf. T1ia.nk you, for your attention to this matter. Very truly yours, O'BRIEN, BARTC & SCHEkER ko ?kytjo Robert J. Dai ey, Esquire RJD/arnb cc: Jacqueline Verney, Esquire Filc rid.dirldomestic/durf Bustin/sherifftettert.ltr JUN 1S 20oe 11:20 7172495755 PAGE.01 C :II V 9 I NAI° 0001 t AUSTIN R. DURF, PlaintifVRespondent VS. AMBER M. DURF, DefendanVI'etitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 3481 CIVIL ACTION - LAW IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this day of June, 2008, comes the Defendant/Petitioner, Amber M. Durf, by and through her attorney, Jacqueline M. Verney, Esquire, and makes the following Petition for Economic Relief against Plaintiff/Respondent, Austin R. Durf, as follows: 1. The Petitioner is Amber M. Durf, who is the Defendant/Respondent in the above- captioned divorce action. Her address is 49 '/2 W. High Street Apt R2 Carlisle, Pennsylvania, 17013. 2. The Respondent is Austin R. Durf who is the Plaintiff/Respondent in the above captioned divorce action. His address is 111 East Pomfret Street, Carlisle, PA 17013. 3. The Petitioner seeks the following relief from the Court: A. Equitable distribution of the marital assets; B. Alimony pendent lite C. Costs and expenses; and D. Counsel fees. WHEREFORE, the Petitioner, Amber M. Durf, requests the relief set forth above. Respectfully submitted, k' V""' 14acckeline M. Verney, Esquire #231 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant/Petitioner ATTORNEY VERIFICATION I verify that the facts included in the within document are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. 5 -6 S' K. V Dated: 2-5- cq line M. Verney, Esquire #23 7 Attorney for Petitioner 44 S. Hanover Street Carlisle, PA 17013 717 243-9190 CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Petition was served upon the following by placing the same in the US Mail, first class delivery, postage prepaid on the date indicated. Robert J. Dailey, Esquire 19 W. South Street Carlisle, PA 17013 Date 'ZS 6? /vl_ V_ acq ine M. Verney, Esquire #2P67 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner ^r?? ?+C AUSTIN R. DURF, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-3481 CIVIL TERM AMBER R. DURF, IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 096110131 ORDER OF COURT AND NOW, this 30th day of June, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on July 9, 2008 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to thi,,order, completed as required by Rule 1910.1 IC (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 Jacqueline M. Verney, Esq. Robert J. Dailey, Esq. Date of Order: June 30, 2008 -? Sha ay, C ference Officer 4-- YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER. OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166-., cc361 C:l J ` 1 AUSTIN R. DURF, Plaintiff V. AMBER M. DURF, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3481 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Jacqueline M. Verney, Esquire, accept service of the Complaint in Divorce under Section 3301(c), (d) of the Divorce Code on behalf of my client, Amber M. Durf, Defendant. I certify that I am counsel for the Defendant in this matter and authorized to accept such service on his behalf. Date: - 5 " 0 S/ A? J ueline M. Verney, Esquire U3 AUSTIN R. DURF, Plaintiff/Petitioner VS. AMBER M. DURF, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-3481 CIVIL TERM IN DIVORCE PACSES Case No: 096110131 ORDER OF COURT AND NOW, this 9th day of July 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,026.27 and the Respondent's monthly net income/earning capacity is $ 3,797.55, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Two Hundred Sixty-three and 00/100 Dollars ($1,263.00) per month payable weekly as follows: $ 1,063.00 per month for Alimony Pendente Lite and $ 200.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is May 25, 2008. Arrears set at $ 2,370.64 as of July 9, 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: Amber M. Durf. 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 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 party 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. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] 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. The monetary amount of this order is to terminate on October 1, 2008. The Respondent is to maintain medical insurance coverage on the Petitioner until the divorce is final. 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: July 10, 2008 to: Petitioner Respondent Jacqueline M. Verney, Esq. Robert J. Dailey, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, Keiv . Hess, J. DRO: R.J. Shadday -? c ;?' ?? ... ? : ? r :: : --- ? e?'?' v??.?. o ?? r' _ ?. S. , s ? f ? ?xa 08-3481 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist. Of CUMBERLAND Date of Order/Notice 07/10/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice (Done-Time Lump Sum/Notice RE:DURF, AUSTIN R. Employee/Obligor's Name (Last, First, MI) 169-66-3198 Employee/Obligor's Social Security Number WEBSTER TRUCKING PO BOX 388 20 A ST BURLINGTON MA 01803-3418 4816101984 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. $ o . oo per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? O yes ® no $ o . oo per month in current medical support $ o . oo per month in past-due medical support $ 1,063.00 per month in current spousal support $ 200.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. o o per month in other (specify) $ one-time lump sum payment for a total of $ 1,263.00 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: $ 291.46 per weekly pay period. $ 631.50 per semimonthly pay period (twice a month) $ 582.92 per biweekly pay period (every two weeks) $ 1, 263. 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 NAMEAND 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 COURT. Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker ID 21205 4•* 11263. x 1 2 • ?' 52`? Zg1.46* 12b?. x 1 2' } 562*92* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS N If necked you are required to provide a copy of this form to your @m loyee. If yo r employee works in a state that is di erent from the state that issued this order, a copy must be providedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 0423907260 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: DURF, AUSTIN R. EMPLOYEE'S CASE IDENTIFIER: 4816101984 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 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 Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 3 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DURF, AUSTIN R. PACKS Case Number 096110131 PACSES Case Number Plaintiff Name Plaintiff Name AMBER M. DURF Docket Attachment Amount Docket Attachment Amount 08-3481 CIVIL$ 1,263.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB El 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. ? 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 Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker ID 21205 ?v :-k AUSTIN R. DURF, V. AMBER M. DURF, To the Prothonotary: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3481 CIVIL TERM CIVIL ACTION -LAW Defendant IN DIVORCE isel / Chanze in Address Without Leave of Cou Praecipe for Entry of Appearance Please enter my appearance on behalf of Austin R. Durf, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdaileyna gerberlawoffice com Date: 29th of August, 2008 To the Prothonotary: *?JJDD , re Pr aecipe for Withdrawal of Appearance Please withdrawal my appearance on behalf of Austin R. Durf, Plaintiff. Date: 29th of August, 2008 O'Brien, Baric & Scherer Robert VJ ,ti CERTIFICATE OF SERVICE I hereby certify that on the Ol day of , 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Substitution of Counsel/Change of Address Without Leave of Court (Rule 1012(b)(2)(ii)), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 "Andrea Barrick ?'., ? ; y? r' - J "fil i cn °°",? C.,.? ., t ? ?:? ? r ` AUSTIN R. DURF, Plaintiff VS. AMBER M. DURF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3481 CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff in the above matter, hereby intends to resume and hereafter use the previous name of Amber M. Conroy and gives this written notice avowing her intention in accordance with applicable law. anLm 4y-? Amber M. Durf To be known as: STATE OF hAXAy JA't J COUNTY OF 11-113411 ---? tuber M. Conroy ss On the &q day of of by--6, h08, before me, a notary public, personally appeared Amber M. Conroy (form rly known as Amber M. Durf), known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my d and seal. C9@P!90IMRALTH ©P' PENNSYLVANIA Notary Public NOTARIAL SEAL VALERIE F. GSELL, Notary Public Carrie Som., Cumberland County Comn"on EVWu October 9, 2010 gi ' 3 C w } s gilt AUSTIN R. DURF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3481 CIVIL ACTION - LAW AMBER M. DURF, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 6, 2008; acceptance of service of the complaint was dated June 25, 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. 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. section 4904, relating to unsworn falsification to authorities. Date: ?/ CO 01.4dm' Amber M. Durf, Defen ant ri ? d ' :!3 ` l AUSTIN R. DURF, Plaintiff VS. AMBER M. DURF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3481 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 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. section 4904 relating to unsworn falsification to authorities. Date: ?/Oy PAA-YJ J??i tuber M. Durf, Defendant ? ? °co Q ?n ?-, n..? .?;-r; .q. ? ? ? .. '? ~• L. .. rr?' N C ?+/?f AUSTIN R. DURF, Plaintiff V. AMBER M. DURF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3481 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT UNDER 4 3301(c) OF THE DIVORCE CODE A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 6, 2008 in the Court of Common Pleas of Cumberland County, Pennsylvania. 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. Date: of Ny+0°-r 200 8 abjl'? Austin R. Durf r.a ~rs Lp F n 7' AUSTIN R. DURF, Plaintiff V. AMBER M. DURF, Defendant F 1. I consent to the entry of a final decree of divorce without notice. OF 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to-authorities. Date: of 2009 Austin R. Dur IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 3481 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE d .? Ei -- s. ?; R) cn AUSTIN R. DURF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 3481 CIVIL TERM AMBER M. DURF, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree. 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the divorce code. 2. Date and manner of service of the complaint: acceptance of service signed by Defendant's counsel, Jacqueline M. Verney, Esquire, on the 25th of June, 2008. 3(a). Date of execution of the affidavit of consent required by § 3301(c) of the divorce code: by Plaintiff: 8th of October, 2008; by Defendant: 29th of September, 2008. 4. Related claims pending: none. 5(b). Date Plaintiffs Waiver of Notice was filed with the prothonotary: contemporaneous with this Praecipe. Date Defendant's Waiver of Notice was filed with the prothonotary: 29th of September, 2008. Rofa&t J. Dailey, E7 I.D. No. 203418 46 East Main Street Palmyra, PA 17078 (717) 838-5411 Attorney for Plaintiff csa cri 1-41 ...J 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. AUSTIN R. DURF PLANTIFF VERSUS AMBER M. DURF DEFENDANT No. 2008 -3481 DECREE IN DIVORCE AND NOW, -VC ft 444- Al * , Look , IT IS ORDERED AND DECREED THAT AUSTIN R . DURF , PLAINTIFF, AND AMBER M. DURF , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE PROTHONOTARY V- PACSES CASE NO. 096110131 AUSTIN R. DURF, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATION SECTION CIVIL ACTION - DIVORCE AMBER M. DURF, DEFENDANT DOCKET NO: 08-3481 CIVIL ORDER OF COURT AND NOW, this 12th day of November 2008, the Court being informed by the Domestic Relations Section that the arrears have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the case be closed. This Order shall become final twenty days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT, 71r, '* X4 Ke ' A. Hess, Judge DRO: R.J. Shadday xc: plaintiff and defendant Form OE-001 Service Type M Worker ID 21005 rv ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-3481 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 11/10/08 (D D Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: DURF, AUSTIN R. Employer/withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 169-66-3198 Employee/Obligor's Social Security Number WEBSTER TRUCKING 4816101984 PO BOX 388 Employee/Obligor's Case Identifier 20 A ST (See Addendum for plaintiff names BURLINGTON MA 01803-3418 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. $ o. oo per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Oyes Ono $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 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 $ o , o o 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) $ o . 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 NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: ??,• /* DRO: R.J. Shadday Service Type M OMB No.: 09740154 A. Hess, Judge Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifjheckel you are required. to provide aopy of this form to your mployee. If yo r employee works in a state tha is di Brent rom the state that issued this o er, a copy must be provi?ed to your employee even if the box is not chec?ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor 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 employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 0423907260 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DURF, AUSTIN R. EMPLOYEE'S CASE IDENTIFIER: 4816101984 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: 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 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: 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 CARLISLE PA 17013 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 $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DURF, AUSTIN R. PACSES Case Number 096110131 Plaintiff Name AMBER M. DURF Docket Attachment Amount 08-3481 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number 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 $ o.oo 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 Form EN-028 Rev. 4 OMB No.: 0970-0154 Worker I D $ IATT ?, -? r' ..,. ?:;, ,ry ? -r, ?? t;;: w -? ?