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HomeMy WebLinkAbout08-4837John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08 -L4957 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 717-232-7536 James A Miller, Esquire MILLER LIPSITT LLC Attorney for Plaintiff 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is John Scudder, who currently resides at 31 West Maple Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. Defendant is Deidre Scudder who currently resides at 31 West Maple Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 17 1997, in Hazleton, Pennsylvania. 5. There has been a prior action for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. COUNT III EQUITABLE DISTRIBUTION OF PROPERTY 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties have acquired certain property and assets which constitute marital property. 13. This Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree: 1. dissolving the marriage between Plaintiff and Defendant; and 2. equitably distributing all marital property pursuant to section 3502 of the Divorce Code; Respectfully Sybmitted, Jame Miller, Esquire M R LIPSITT LLC Attorney for Plaintiff 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 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.A. Section 4904, relating to unsworn falsification to authorities. f J It Scudder, aintiff 7p ((?? ? ? ° Sty ? ? ? ?-? ??. ? ? ? -rr Ai Q? O ? L r, ? .p S J ( ? -b -:-.- , tt3 ` ? ?? ? .,,,, rn ? ? -?' 1 b . ? ? r ? iY? ..? T: m ??. - .? . r.. -•? P 0. r' ?'- John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Catherine A. Boyle, Esquire, counsel for Deidre Scudder, Defendant in the above captioned divorce action, hereby accept service of the divorce complaint filed to the above term and docket. DATE: 6 D? /A A 4 1 -11 -_ /? ?'/ Catherif'ie A Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street PO BOX 1062 Harrisburg PA 17108 ATTORNEY FOR DEFENDANT t r"y t Co JOHN C. SCUDDER, Plaintiff vs. DEIDRE SCUDDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4837 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this an - day of& , 2008, that the foregoing Request for Production of Documents was mailed, first-class, postage pre-paid to: John C. Scudder c,'O James A. Miller, Esquire Miller Lipsitt, LLC 756 Poplar Church Road Camp Hill, PA 17011 Catherine A. Boyle, Esquire Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 fT`f i= C"? ? 'T1 'rte. 1.,,?• ` fT'? JOHN C. SCUDDER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4837 DEIDRE SCUDDER, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES COSTS AND EXPENSES AND NOW, comes the Petitioner, Deidre Scudder, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files the following Petition for Alimony Pendente Lite, Counsel Fees and Expenses and in support thereof avers as follows: 1 2 3. 4. 5. 6 Petitioner is Deidre Scudder, an adult individual who currently resides at 31 West Maple Avenue, Shiremanstown, Pennsylvania (hereinafter known as "Wife") Respondent is John C. Scudder, an adult individual who currently resides at 820 Windsor Place, Mechanicsburg, Pennsylvania (hereinafter known as "Husband") The parties were married on September 17, 1994 at Hazleton, Luzerne County, Pennsylvania. Husband filed a Complaint in Divorce on August 12, 2008. Simultaneously with this filing, Wife files an Answer and Counterclaim which includes a count requesting Alimony Pendente Lite, Support, Counsel Fees, Costs and Expenses. Since the date of separation, Wife has received some support from Husband. However, recently, Husband ceased paying any support for Wife. MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 v 7. By reason of this action, Wife will be put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs and expenses. 8. Wife is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 9. Wife's income is not sufficient to provide for her reasonable needs and to pay attorney's fees and the costs of this litigation. 10. Husband has adequate earnings to provide support and alimony pendente lite for the Wife and to pay her counsel fees, costs and expenses. WHEREFORE, the Petitioner, Deidre Scudder, respectfully requests this Honorable Court award her Alimony Pendente Lite. Respectfully submitted, G atherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Petitioner/Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 , Y VERIFICATION I, Deidre L. Scudder , verify that the statements made in this Petition for Alimony Pendente Lite, Counsel Fees, Costs add Expenses are true and correct to the bes of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 11/3/2008 ( ) Plaintiff (g ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 JOHN C. SCUDDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-4837 DEIDRE SCUDDER, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this .day of (v , 2008, a copy of the attached Petition for Alimony Pendente Lite, Counsel Fees, Costs and Expenses was sent via first class U.S. mail to: John C. Scudder c/o James A. Miller, Esquire Miller Lipsitt, LLC 756 Poplar Church Road Camp Hill, PA 17011 Y Catherine A. Boyle, Esqui Attorney for Petitioner/ ndant MEYERS, DESFOR, SALTZGIVER 3 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION 13 N. HANOVER ST., P.O. BOX 320, CARLISLE PA 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Deidre L. Scudder , Plaintiff : NO. 08-4837 V. CIVIL ACTION - LAW IN DIVORCE John C. Scudder , Defendant DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER'S IrFORNLXTION: Name: Deidre L. Scudder Address: 31 West Maple Avenue Citv: Shiremanstown Staie: PA Z::3 Code: SSN:163-56-6215 DOB: 2/1/1965 TeleDnone:717-763-5558 Home Phvsical Description: Ht.5' 5" Wt.126 Eyes Brown HairBrown Race Caucasian Email Address: dancsing@comcast.net Emplover: Central Dauphin School District Empiover's Address: 600 Rutherford Road, Harrisburg, PA 17109 Phone: 717-545-4703 Job Title., Position: Teacher Cross Pav: $2, 040. 35Ne: $1,057.71 Petitioner's Attomev:Catherine A. Boyle, Esquire Petitioner'sAttomev_'s Address: 410 North 2nd Street, Harrisburg, PA 17101 ,one:717-236-9428 Medical Insurance Carrier: Hiqhmark PPO Blue Medicai InsuranceCar.:erAddress: P.O. Box 890173, Camp Hill, PA 17089-0173 -`:cnz,a-800-345-3806 Policy Number:ZAR1 0 15 19 4 3 10 0 1 Lroun Numcer: 02865204 of RESPONDENT'S INFORMATION: Name: John C. Scudder Address: 820 Windsor Place Citv: Mechaniesbura State: SSN: 197-40-6476 DOB PA Zip Code: 17 0 5 0 7/25/1950 Physical Description: Ht.6 ' 0 " Wt.2 01 Email Address: Telephone: 717-571-8378 Cell Eves Brown. Hair Black Race Caucasia n Employer: Bic? Spring School District Employer's Address: 45 Mount Rock Road, Newville, PA 17241 Phone: 717-532-5151 Job Title,'Position: Principal Gross Pav:$ Net Pay: $8, 500 .00/Monthly F:esnondent's Artorne.:: James A. Miller, Esquire Respondent's Attorney's Address: 356 North 21st Street Camp Hill, PA 17011 on_e:717-737-6400 Medicai Insurance Cat=e:: Highmark PPO Blue .1=...il:1: ,n suranic:'. C: 890 ?= ati - - 17089-07_7_;, _iNumcer: ZARI0428058100 MARRIAGE INFORMATION: mute `?ta,:?ed: 9/17/1994 '-•?•-??i-300-3a?- ,806 0 2 9 6 2500 Place of Vtar.iaae: Hazleton, PA address of imt Martal Domic`e : 31 West Maple Avenue Shiremanstown, PA 17011 -esc-11ruen of Document Raising- Defendant's Answer to Plaintiff's :'ate APL Document Filed- Complaint in Divorce and Counter Claim and Simultaneously with Petition for Alimony Pendente Lite, Counsel Fees, TYki:a ' ???tccp%- of the hied document :?i =Costs and Expense_ fV CD {iR f 7"{ 1 ..i CD JOHN C. SCUDDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-4837 DEIDRE SCUDDER, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE 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 judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. 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 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 MEYERS, AESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 JOHN C. SCUDDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-4837 DEIDRE SCUDDER, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 P 41 % 79R_onon . env /-% nne 0- JOHN C. SCUDDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-4837 DEIDRE SCUDDER, CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE AND COUNTERCLAIM AND NOW, comes Defendant, Deidre Scudder, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Defendant's Answer to Plaintiff's Complaint in Divorce and Counterclaim, and avers as follows: I . Denied. Plaintiff currently resides at 820 Windsor Place, Mechanicsburg, Pennsylvania 17050. 2. Admitted. 3. Denied. The parties were married on September 17, 1994. 4. Admitted. 5. Denied. There are no prior actions. 6. No answer required. 7. Admitted. 8. This answer is an averment of fact or law to which no answer is required. MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 171717'iR_OA0R . FAY 1717\'3'3A_7Q17 COUNTI REQUEST FOR A NO-FAULT DIVORCE 9. No answer required. Paragraphs one through eight of Defendant's Answer and Counter Claim are incorporated herein as set forth in full. 10. Denied. COUNT III (sic) EQUITABLE DISTRIBUTION 11. No answer required. Paragraphs one through ten of Defendant's Answer and Counterclaim are incorporated herein as set forth in full. 12. Admitted. 13. Admitted. WHEREFORE, Defendant, Deidre Scudder, respectfully requests this Honorable Court deny Plaintiff's request for entry of a Divorce Decree in his favor. COUNTERCLAIM DIVORCE UNDER SECTION 3301(C) or 3301 (D) OF THE DIVORCE CODE AND NOW, comes Defendant, Deidre Scudder, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer and Counterclaim and in support thereof avers as follows: 14. Plaintiff is John Scudder an adult individual who currently resides at 820 Windsor Place, Mechanicsburg, Pennsylvania 17050. 15. Defendant is Deidre Scudder an adult individual who currently resides at 31 West 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (7171236-9428 • FAX (717) PAR-M7 Maple Avenue, Shiremanstown, Pennsylvania 17011. 16. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 17. The Plaintiff and Defendant were married on September 17, 1994, at Hazleton, Luzerne County, Pennsylvania. 18. There have been no prior actions of divorce or annulment between the parties. 19. The marriage is irretrievably broken. 20. The Plaintiff is not a member of the United States Army or its allies. 21. Defendant has been advised that counseling is available and that Defendant may have the right to request the court require the parties to participate in counseling, being so advised, Defendant waives that right. 22. Defendant requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Defendant, Deidre Scudder, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNT II ALIMONY PENDENTE LITE, SUPPORT, COUNSEL FEES, AND EXPENSES 23. Paragraphs one through twenty-two of Defendant's Answer and Counterclaim are incorporated by reference as if fully set forth herein. 24. By reason of this action, Defendant will be put to considerable expense in the MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (7171236-9428 • FAX (7171 236-2817 preparation of this case, in the employment of counsel, and the payment of costs. 25. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and unable to appropriately maintain herself during the pendency of this action. 26. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 27. Plaintiff has adequate earnings to provide support and alimony pendente lite to the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant, Deidre Scudder, respectfully requests this Honorable Court compel the Plaintiff to pay Defendant alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT III ALIMONY 28. Paragraphs one through twenty-seven of Defendant's Answer and Counterclaim are incorporated by reference as if fully set forth herein. 29. Defendant lacks sufficient property to provide for her reasonable needs. 30. Defendant is unable to sufficiently support herself through appropriate employment. 31. Plaintiff has sufficient income and assets to provide continuing support and to pay alimony to the Defendant. 6 MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (7171236-2817 WHEREFORE, Defendant, Deidre Scudder, respectfully requests this Honorable Court compel Plaintiff to pay alimony to Defendant. Respectfully submitted, Catherine A. Bo?fe, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Deidre L. Scudder , verify that the statements made in this Defendant's Answer to Plaintiff's Complaint in Divorce and Counterclaim 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. Section 4904, relating to unsworn falsification to authorities. Dated: 11/3/2008 ( ) Plaintiff ( X) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JOHN C. SCUDDER, Plaintiff vs. DEIDRE SCUDDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4837 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of 2008 a copy of the foregoing Defendant's Answer to Plaintiff's Complaint in Divorce and Counterclaim was sent via U.S. Mail, postage paid to: John ('. Scudder c/o James A. Miller, Esquire Miller' "ipsitt, LLC 756 Poplar Church Road Camp Hill, PA 17011 Respectfully submitted, aathe4rine A. Boyle, Esqui Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION 13 N. HANOVER ST., P.O. BOX 320, CARLISLE PA 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Deidre L. Scudder , Plaintiff NO. 08-4837 V. CIVIL ACTION - LAW N DIVORCE John C. Scudder Defendant DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER'S INFOPUNLJ?TION: Name: Deidre L. Scudder address: 31 West Maple Avenue City: Shiremanstown ?1a:2: PA yip Code: SSN:163-56-6215 DOB: 2/1/1965 Telephone: 717-763-5558 Home Physical Description: Ht.5' 5" Wt.126 Eyes Brown HairBrown Race Caucasian Email Address: dancsing@comcast.net Employer: Central Dauphin School District Employer's Address: 600 Rutherford Road, Harrisburg, PA 17109 Phone:717-545-4703 Soh Title,,Position: Teacher Cross Pair. $2, 040. 35Ne:'a,,' $1, 057.71 Petitioner's Attornev:Catherine A. Boyle, Esquire Petitioner's Attornev's Address: 410 North 2nd Street, Harrisburg, PA 17101 7-hone:717-236-9428 Medicai Insurance Carrier: Highmark PPO Blue vledical Insurance Caries Address: P.O. Box 890173, Camp Hill, PA 17089-0173 ".cn?,:1-800-345-3806 Policv Numbe::ZAR101519431001 Croup :tiumce:: 02865204 RESPONDENT'S INFORMATION: Name: John C. Scudder Address: 820 Windsor Place City: Mechanicsbura State: PA Zip Code: 17 0 5 0 SSN: 197-40-6476 DOB:7/25/1950 Telephone: 717-571-8378 Cell Physical Description: Ht.6' 0" Wt.201 Eves Brown Hair Black Race Caucasian Email Address: Employer: Bicq Spring School District Employer's Address: 45 Mount Rock Road, Newville, PA 17241 Phone: 717- 532-5151 Job Title/Position: Principal Gross Pav: $ tie; Pav: $ 8, 5 0 0. 0 O /Monthly Respondent's Attorne:;: James A. Miller, Esquire Respondent's Attorney's Address: 356 North 21st Street Camp Hill, PA 17011 ?'cre:717-737-6400 Medical Insurance Ca=,er: Highmark PPO Blue ie :ic1i insurance - er ?caress P . C. ee: 8 9 0 = C? fnc ?= ll , P 17 0 8 9- 017 -..?._':1-^000-345-3806 Poiic'; Number: ZAR104280581001 ` ?___ O?g6?508 MARRIAGE INFORMATION: i;ute'?1a,_ e: 9/17/1994 •_°-^rc_: 10/25/ 200; Place of.Mar:iaLze: Hazleton, PA :?caress of last Vlantai Domiciie : 31 West Maple Avenue, Shiremanstown, PA 17011 ?escripticr? of Document iCaisin? .`_' C': i Defendant's Answer to Plaintiff's mate APL Docume^? lied"" Complaint in Divorce and Counter Claim and Simultaneously with Petition for Alimony Pendente Lite, Counsel Fees, Tha.s:?tcop? of tie iiied accuTe^t 31?. c- ;?? -- ==Costs and Expenses ? p 0 tS} „? 00 '/a? ?1 -n ^77 FTI g JOHN C. SCUDDER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. DEIDRE SCUDDER, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 08-4837 CIVIL TERM IN DIVORCE PACSES NO: 305110465 ORDER OF COURT AND NOW, this 12th day of November, 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 December 3. 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 this 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 Catherine A. Boyle, Esq. James A. Miller, Esq. Date of Order: November 12, 2008 nference Officer Sh day, /--?'r2-2 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 as m rv JOHN C. SCUDDER, Plaintiff vs. DEIDRE SCUDDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4837 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE OF DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE AND COUNTERCLAIM I, James A. Miller, Esquire, counsel for John C. Scudder, Plaintiff in the above- captioned matter, certify acceptance of service on behalf of John C. Scudder of a copy of Defendant's Answer to Complaint in Divorce and Counterclaim filed by Defendant, Deidre Scudder, on November 7, 2008 and that 1 am authorized to do so. Date: A4-k 10 Ja s A. Miller, Esquire filler Lipsitt, LLC 756 Poplar Church Road Camp Hill, PA 17011 Counsel for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171 236.9428 • FAX (7171 236-2817 .? John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE ANSWER TO DEFENDANT'S COUNTERCLAIM NOW COMES, Plaintiff, John Scudder, by and through his attorneys, Miller Lipsitt LLC and James A. Miller, Esquire, and answers Defendant's Counterclaim as follows: 1 - 13. Plaintiff hereby incorporates Plaintiff's Complaint in Divorce and Defendant's Answer thereto as if fully set forth herein. COUNTERCLAIM DIVORCE 14 Admitted. 15 Admitted. 16 Admitted. 17 Admitted. 18 Admitted. 19 Admitted. 20 Admitted. 21 This answer is an averment of fact or law to which no answer is required. 22 Admitted. 23 No responsive pleading required. 24 Denied. Defendant's expenses in preparation of this case, in the employment of counsel and the payment of costs will only be considerable as a result of Defendant's own doing and not attributable to any inherent complexities associated with incomes, assets and/or debts of the parties. 25 Denied. Defendant earns in excess of Fifty Thousand ($50,000.00) Dollars annually from her employment, receives in excess of Eight Hundred ($800.00) dollars per month in child support from Plaintiff and she has no mortgage, rent, condo fees, homeowner association dues, car payments, loans, or other debt(s) of any nature other than normal, ordinary household expenses. 26 Denied. Plaintiff hereby incorporates preceding Answers 24 and 25 as if fully set forth herein. 27 Denied. Plaintiff's income is not sufficient enough to provide for Plaintiff's own needs and obligations let alone those of Defendant. By way of further response, Plaintiff hereby incorporates preceding Answer 26 as if fully set forth herein. 28 No responsive pleading is required. 29 Denied. Plaintiff hereby incorporates preceding Answers 24 and 25 as if fully set forth herein. 30 Denied. Defendant is employed as a teacher. 31 Denied. Plaintiff hereby incorporates preceding Answer 27 as if fully set forth herein. WHEREFORE, Plaintiff requests your Honorable Court to: A. enter a Decree dissolving the marriage between the parties; B. equitably distributing the marital property between the parties; C. denying Defendant's request for Alimony, Alimony Pendente Lite, Counsel Fees, Costs/Expenses; D. and for such further relief as the Court may determine. Respectfully submitted, Date: November 30 2008 /James A. Miller, Esquire MILLER LIPSITT LLC 765 Poplar Church Road Camp Hill, PA 17011 (717) 737-6400 v John Scudder Plaintiff V. Deidre Scudder Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-4837 Civil Term CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. c ohn Scudder December 1 2008 John Scudder Plaintiff V. Deidre Scudder Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-4837 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing Answer upon Defendant, Deidre Scudder by personally delivering same to her lawyer, Catherine A Boyle, Esquire, at the Cumberland County Domestic Relations Office, Carlisle, Pennsylvania on December 3, 2008, at 1:30 PM. Date: December 3 2008 James A. Mill , Esquire MILLER LIP ITT LLC 765 Po r Church Road Ca Hill, PA 17011 17) 737-6400 ?} : x `. .;? ? - ?? -4•- .,. 3 y .1 ?.: e John Scudder Plaintiff V. Deidre Scudder Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-4837 Civil Term CIVIL ACTION - LAW IN DIVORCE ANSWER TO DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES NOW COMES, Plaintiff, John Scudder, by and through his attorneys, Miller Lipsitt LLC and James A. Miller, Esquire, and answers Defendant's Petition as follows: 1 Admitted. 2 Admitted. 3 Admitted. 4 Admitted. 5 Admitted. 6 Admitted. By way of further response, Husband has been paying $830.00 per month in the form of child support to Wife and is not in arrears. 7 Denied. Defendant's expenses in preparation of this case, in the employment of counsel and the payment of costs will only be considerable as a result of Defendant's own doing and not attributable to any inherent complexities associated with incomes, assets and/or debts of the parties. 8 Denied. Defendant earns in excess of Fifty Thousand ($50,000.00) Dollars annually from her employment, receives in excess of Eight Hundred ($800.00) dollars per month in child support from Plaintiff and she has no mortgage, rent, condo fees, homeowner association dues, car payments, loans, or other debt(s) of any nature other than normal, ordinary household expenses. 9 Denied. Plaintiff hereby incorporates preceding Answers 7 and 8 as if fully set forth herein. 10 Denied. Plaintiff's income is not sufficient to provide for Plaintiff's own needs let alone those of Defendant. By way of further response, Plaintiff hereby incorporates preceding Answer 9 as if fully set forth herein. WHEREFORE, Plaintiff respectfully requests your Honorable Court to deny Defendant's request for Alimony, Alimony Pendente Lite, Counsel Fees, Costs/Expenses. Respectfully submitted, Date: November 30 2008 James A. MRler, Esquire MILLER SITT LLC 765 P ar Church Road C Hill, PA 17011 (717) 737-6400 John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. December 1 2008 John Scudder Plaintiff V. Deidre Scudder Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-4837 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing Answer upon Defendant, Deidre Scudder by personally delivering same to her lawyer, Catherine A Boyle, Esquire, at the Cumberland County Domestic Relations Office, Carlisle, Pennsylvania on December 3, 2008, at 1:30 PM. Date: December 3 2008 James /Miller, Esquire MILL LIPSITT LLC 76 oplar Church Road amp Hill, PA 17011 (717) 737-6400 ::_: (:!J a { .., ? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/17/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BIG SPRING SCHOOL DISTRICT 45 MT ROCK RD NEWVILLE PA 17241-9412 08-4837 CIVIL O Ori gi nal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, Ml) 197-40-6476 Employee/Obligor's Social Security Number 3426102058 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. $ 891.00 $ $ 0.00 0.00 $ 0.00 $ 594.00 $ 56.00 $ 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 $ 1,541.00 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: $ 355.62 per weekly pay period. $ 770.50 per semimonthly pay period (twice a month) $ 711 -23 per biweekly pay period (every two weeks) $ 1, 541.00 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 gCbWRT NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: 987110411 999 S 2008 RE:SCUDDER, JOHN C. DRO: R.J. Shadday Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifh eckef you are required to provide a copy of this form to your mployee. If yo?1 r employee works in a state tha is di Brent rom 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/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 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. 2360052980 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:SCUDDER, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 3426102058 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAMEIADDRESS: 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 Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCUDDER, JOHN C. PACKS Case Number 305110465 Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount 08-4837 CIVIL$ 650.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACKS Case Number 987110451 Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount 00999 S 2008 $ 891.00 Child(ren)'s Name(s): DOB ALEXIS H. SCUDDER 06/08/99 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT r.? =p CO On ?^•;. 1. JOHN C. SCUDDER, Plaintiff/Respondent VS. DEIDRE L. SCUDDER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-4837 CIVIL TERM IN DIVORCE PACSES Case No: 305110465 ORDER OF COURT AND NOW, this 17th day of December 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,973.38 and the Respondent's monthly net income/earning capacity is $ 5,843.38, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Six Hundred Fifty and 00/100 Dollars ($ 650.00) per month payable bi-weekly as follows: $ 594.00 per month for Alimony Pendente Lite and $ 56.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 300.00 bi-weekly. The effective date of the order is November 7, 2008. Arrears set at $ 1,062.69 as of December 17, 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: Deidre L. Scudder. 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 unreimbursed medical expenses are to be paid as follows: 0 % by the Respondent and 100% by the Petitioner. [] Respondent [X] Petitioner to provide her 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 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 Petitioner's Attorney Respondent's Attorney Mailed copies on: December 18, 2008 to: Petitioner Respondent Catherine A. Boyle, Esq. James A. Miller, Esq. BY THE COURT, _ ?? A Edgar B. Bayley, J. DRO: R.J. Shadday e?..y c-: a ?:? ,? 7 -'tl r?? n.? {-t'? ...? ,? ??? ' C.`J . ? ..,ry ... A f ...,.... . ?y ^~ ¦ f % In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEIDRE L. SCUDDER ) Docket Number 08-4837 CIVIL Plaintiff ) VS. ) PACSES Case Number 305110465 JOHN C. SCUDDER ) Defendant ) Other State ID Number ORDER OF COURT You, DEIDRE L. SCUDDER plaintiff/defendant of 31 W MAPLE AVE, SHIREMANSTOWN, PA. 17011-6557-31 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the FEBRUARY 19, 2009 at 10: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 SCUDDER PACSES Case Number: 305110465 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 1- -7 0q 2f-.. A A JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V- SCUDDER CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. Worker ID 21302 "i? 4"?H { ? C ?' ? i "t `' i ?' ? „ „ ,' i r" Y -. ? , ? - ? , ? ? t In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEIDRE L. SCUDDER ) Docket Number 08-4837 CIVIL Plaintiff ) VS. ) PACSES Case Number 305110465 JOHN C. SCUDDER ) Defendant ) Other State ID Number ORDER OF COURT You, JOHN C. SCUDDER plaintiff/defendant of 820 WINDSOR PL, MECHANICSBURG, PA. 17055-8401-99 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the FEBRUARY 19, 2009 at 10 : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 SCUDDER v• SCUDDER PACSES Case Number: 305110465 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: 1 `-7-01 BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker 1D 21302 (} cz:3 1 DIEDRE L. SCUDDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOHN C. SCUDDER, PACSES NO. 987110451 Defendant DOCKET NO. 999 SUPPORT 2008 JOHN C. SCUDDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DIEDRE L. SCUDDER, : PACSES NO. 305110465 Defendant/Petitioner : DOCKET NO. 08-4837 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Invoice for automobile purchase Plaintiff s Exhibit No. 2 - Mortgage payoff letter Plaintiff s Exhibit No. 3 - Agreement regarding college fund Plaintiff s Exhibit No. 4 - Income and expense statement Plaintiff's Exhibit No. 5 - Credit union statement Plaintiff s Exhibit No. 6 - Marital Settlement Agreement Plaintiff s Exhibit No. 7 - Credit card statement Plaintiffs Exhibit No. 8 - Credit card statement Defendant's Exhibit No. 1- Proposal to reduce support and increase tuition Defendant's Exhibit No. 2 - Expense statement tz Pr 1. E ; 7 ? '. ?- DIEDRE L. SCUDDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOHN C. SCUDDER, PACSES NO. 987110451 Defendant DOCKET NO. 999 SUPPORT 2008 JOHN C. SCUDDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DIEDRE L. SCUDDER, : PACSES NO.3 05 1 1 0465 Defendant/Petitioner : DOCKET NO. 08-4837 CIVIL INTERIM ORDER OF COURT AND NOW, this 23rd day of February, 2009, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. Effective November 6, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his child. Alexis H. Scudder, born June 8, 1999, the sum of $854.00 per month. B. Effective November 7, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $550.00 per month. C. The Husband shall pay $56.00 per month on arrearages until paid in full. D. Both parties shall provide health insurance coverage for the benefit of said child as is available through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 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 31St 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: 66% by Husband and 34% by Wife. i F. The Husband is given credit for direct payments of child support totaling $1,660.00 following the filing of the complaint. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. Qt C "1 G Edgar B. Bayley, J. Cc: Deidre L. Scudder John C. Scudder Catherine A. Boyle, Esquire For the Wife James A. Miller, Esquire For the Husband DRO DIEDRE L. SCUDDER, Plaintiff V. JOHN C. SCUDDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 987110451 DOCKET NO. 999 SUPPORT 2008 JOHN C. SCUDDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION DIEDRE L. SCUDDER, : PACSES NO. 305110465 Defendant/Petitioner : DOCKET NO. 08-4837 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on February 19, 2009, the following report and recommendation are made: FINDINGS OF FACT 1. The Wife is Diedre L. Scudder, who resides at 31 West Maple Avenue, Shiremanstown, Pennsylvania. 2. The Husband is John C. Scudder, who resides at 820 Windsor Place, Apartment A, Mechanicsburg, Pennsylvania. 3. The parties were married on September 17, 1994. 4. The parties separated on October 25, 2007 when the Husband moved from the marital residence. 5. The parties are the parents of Alexis H. Scudder, a minor child born June 8, 1999, who resides with the Wife. 6. On November 6, 2008 the Wife filed a complaint for child support and spousal support.I 7. On November 7, 2008 the Wife filed a petition for alimony pendente lite in the divorce action. The Wife withdrew her claim for spousal support following the hearing. EXHIBIT "A" 8. The Wife is employed as a teacher for Central Dauphin School District. 9. The Wife has gross annual income of $50,200.00. 10. The Wife has a mandatory retirement deduction of $153.03 bi-weekly. 11. The Wife has annual union dues of $627.00. 12. The Wife pays health insurance premiums of $45.50 per month for coverage on herself and Alexis. 13. The Wife and Alexis continue to reside in the marital residence. 14. The marital residence has not been encumbered by a mortgage since 2002. 15. The marital residence is currently in need of new roof shingles. 16. The Wife does not utilize credit cards. 17. The Wife has borrowed $13,000.00 from her parents to pay counsel fees and costs of litigation. 18. The Wife files her federal income tax return as head of household and claims Alexis as a dependency exemption. 19. The Husband is employed as a principal in the Big Spring School District. 20. The Husband has gross annual income of $105,000.00. 21. The Husband has a mandatory retirement deduction of $262.55 bi-weekly. 22. The Husband pays $56.96 per month for health insurance coverage on himself, his Wife, Alexis, and his two children from a prior marriage. 23. The Husband has two emancipated children from a prior marriage, a son who is 22 years of age and a senior in college, and a daughter who is 18 years of age and a freshman in college. 24. The Husband and his former wife entered into a Marital Settlement Agreemene on November 5, 1992 wherein they agreed that each would contribute to the postsecondary education of their two children "in proportion to their respective incomes at the time either or both of the children matriculate to post-high school education."3 2 See Plaintiff's Exhibit 6. 3 See Plaintiff's Exhibit 6, paragraph 10.04. 2 25. On December 15, 1995 the Husband and his former Wife entered into a further agreement modifying and clarifying the terms of the Marital Settlement Agreement relative to college funds established for the children.4 26. By the terms of said Marital Settlement Agreement and the modification agreement the Husband was to pay to his former Wife the sum of $50.00 bi-weekly for deposit into a college trust fund(s) for the children's post-secondary education. 27. At some point after 1995 the Husband and his former Wife reached a verbal understanding that the Husband would pay $750.00 per month for the support of the two children. 28. The Husband has been paying his former Wife $750.00 per month for post-secondary educational expenses of their two children. 29. The Husband's son anticipates graduation from college in May, 1999 at the age of 23. 30. The Husband will file his federal income tax return as head of household and will claim his college-aged daughter as a dependency exemption. DISCUSSION Both parents have an obligation to support their children in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). The Wife has gross annual income of $50,200.00, or $4,183.00 per month. Filing her federal income tax return as head of household with her daughter claimed as a dependency exemption and deducting her mandatory retirement contribution and union dues from her gross income, she has net monthly income for support purposes of $2,996.00.5 The Husband has gross annual income of $105,000.00, or $8,750.00 per month. Filing his federal income tax return as head of household and with his college aged daughter claimed as a dependency exemption,6 and deducting his mandatory retirement contribution from his gross income, he has net income for support purposes of $5,700.00.7 With combined net monthly income of $8,696.00 the basic requirement for the support of one child is $1,286.00 per month.8 The Husband's proportionate share of that amount is $843.00 per month. After adjustments for both parties' health insurance expenses, the Husband's child support obligation under the guidelines is $854.00 per month.9 4 See Plaintiffs Exhibit 3. S See Exhibit "A" for the tax deductions from gross income. 6 The parties stipulated to the Husband's tax filing status. The determination of the filing status is not made by this Master. See Exhibit "A" for the tax deductions from gross income. B See Pa. R.C.P 1910.16-3. 9 See Exhibit "B" for the guideline calculation. In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning parry; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The Wife has insufficient income and assets to pursue the economic claims in the divorce action. She has been required to borrow $13,000.00 from her parents to pay legal counsel to litigate the action. An award of alimony pendente lite is needed to adequately preserve her rights. With the net monthly incomes as set forth above and a child support obligation of $854.00 per month, the Husband's obligation for alimony pendente lite calculated pursuant to the guidelines is $555.00 per month.lo The Husband argues, however, that he is entitled to a significant downward deviation to this award because of the sizeable contribution he is making to the college expenses of his two emancipated children. The Wife, as is to be expected, opposes any deviation. to See Exhibit "C" for the guideline calculation. 4 In Horst v. Horst, 593 A.2d 1299 (Pa. Super. 1991), the obligor argued that the college expense he paid for his son to a prior marriage should be considered in setting his support obligation for his children to his current marriage. The court found his argument to be without merit stating that "[h]is desire and willingness to continue that child's education is admirable and desirable but it cannot diminish the Father's primary duty to provide for the dependent children before reaching into the financial pool to educate the older children." Horst v. Horst, supra. at 1300. The present case differs from Horst, however, because the Husband is not asking for a deviation of his child support order because he is paying educational expenses of emancipated children. Rather he asks for deviation in his alimony pendente lite obligation only. In Adams v. Adams, 40 Cumberland L.J. 190 (1990) the parties had two children, both in college. The Husband, with the approval of his Wife, was paying all of the children's college expenses. The court held that the college sums paid for college expenses could not be treated as a child support obligation in calculating his obligation to pay spousal support because his college-aged daughters were not "dependent children." The court allowed a deviation in the spousal support obligation in part because the Wife agreed to her Husband's payment of the educational expenses. The present case differs from Adams in many respects. The children for whom the Husband is paying educational expenses are to a prior marriage, not to the Wife. Further in the present case the Wife has not given her approval of the Husband's payment of the expenses. The holding in Adams cannot support a deviation in the present case. As stated above in Clouse, once entitlement to an award of alimony pendente lite is found, the calculation is made in accordance with the guidelines. An order calculated pursuant to the guidelines is presumed to be correct, and a party challenging the guideline amount has the burden of demonstrating that it is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d 939 (Pa. Super. 1997). The Husband argues that a deviation is justified because he has a "support obligation" to pay $750.00 per month for his college-aged children." A careful review of the documentary evidence presented in this case reveals no obligation for the Defendant to pay $750.00 per month for the support of his emancipated children. Because it is his burden to rebut the presumption of the guideline amount and the lack of clear evidence doing so, no deviation is recommended. RECOMMENDATION A. Effective November 6, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his child. Alexis H. Scudder, born June 8, 1999, the sum of $854.00 per month. B. Effective November 7, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $555.00 per month. C. The Husband shall pay $56.00 per month on arrearages until paid in full. 11 See Pa. R.C.P. 1910.16-5(b)(2). D. Both parties shall provide health insurance coverage for the benefit of said child as is available through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 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: 66% by Husband and 34% by Wife. F. The Husband is given credit for direct payments of child support totaling $1,660.00 following the filing of the complaint. 2 2Gb 1?? Date f?, J.."'Sp LL... Michael R. Rundle Support Master 6 -In the Court of Common Pleas of Cumberland County, Pennsylvania . . Plaintiff Name: Deidre L. Scudder Defendant Name: John C. Scudder Docket Number: 999 S 2008 PACSES Case Number: 987110451 Other State ID Number: Tax Year: Defaulted to: 2008 mom" 1. Tax Method 1040 ES 1040 ES 2. Fling Status Head of Household Head of Household 3. Who Claims the Exemptions Custo mize 4. Number of Exemptions 2 2 5. Monthly Taxable Income $8,750.00 $4,183.30 6. Deductions Method 7. Deduction Amount $666.67 $666.67 8. Exemption Amount $583.34 $583.34 9. Income MINUS Deductions and Exemptions $7,499.99 $2,933.29 10. Tax on Income $1,463.54 $392.29 11. Child Tax Credit - $83.33 12. Manual Adjustments to Taxes - - 13. Federal Income Taxes $1,463.54 $308.96 13 a. Earned Income Credit - - 14. State Income Taxes $276.50 $132.19 15. FICA Payments $653.88 $320.02 16. City Where Taxes Apply 17. Local Income Taxes $87.50 $41.83 TOTAL Taxes $2,481.42 $803.00 SupportCak 2007 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Defendant Name: John C. Scudder Docket Number: 999 S 2008 PACSES Case Number: 987110451 Plaintiff Name: Deidre L. Scudder Other Case ID Number 1. Number of Dependents in this Case 1 17 2. Total Gross Monthly Income $8,750.00 $4,183.30 Less Monthl Deductions 3. .0 $3 50.32 $1,186.90 4. Monthly Net Income $5 699.68 $2 996.40 Line 2 minus Line 3 , , 5. Combined Total Monthly Net Income $8 696.08 Amounts on Line 4 Combined , 6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Monthly Net Income - 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivative ( ) _ Benefit Line 6 - 10. Basic Child Support Obligation $1 286.00 From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 112006 , 11. Net Income as a Percentage of Combined Amount 65.54 34.46 12. Each Parent's Monthly Share of the Child Support Obligation $842.84 $443.16 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b $11.01 16. Ad ustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9 plus Lines 10, 11, 12,13 $853.85 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligors Support Obligation Line 14 minus Line 15 $853.85 Prepared by: mrr Date: 2/20/2009 S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) - S5. Adjusted Support Obligation Monthly: Weekly: Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) $853.85 $196.51 TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant 1040 ES Head of Household 2 S7. Plaintiff 1040 ES Head of Household 2 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviatina from Guidelines Calculation and/or Other Case Comments: SupportCak 2008 EXHIBIT "B" SupportCak 2008 EXHIBIT "C" In the Court of Common Pleas of Cumberland County, Pennsylvania L S f\? Aw th ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4837 CIVIL State Commonwealth of Pennsylvania 987110451 OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 999 S 2008 OAmended Order/Notice Date of Order/Notice 02/23/09 0Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE:SCUDDER, JOHN C. Employer/Withholder's Federal EIN Number BIG SPRING SCHOOL DISTRICT 45 MT ROCK RD NEWVILLE PA 17241-9412 Employee/Obligor's Name (Last, First, MI) 197-40-6476 Employee/Obligor's Social Security Number 3426102058 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. $ 854.00 $ $ 0.00 0.00 $ 0.00 $ 550.00 $ 56.00 $ 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? Oyes ® no one-time lump sum payment for a total of $ 1,460.00 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: $ 336.92 per weekly pay period. $ 730.00 per semimonthly pay period (twice a month) $ 673.85 per biweekly pay period (every two weeks) $ 1, 460.00 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 THE PA CSESMEMBERID (shown IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDA A AND Gv above as the Employee/Obligor's Case Identifier) OR SOC L SECURIT 7 RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ' BY THE COURT: DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 Edgar B. Bayley, Judge Form EN-028 Rev. 4 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required to provide a opy of this form to your mployee. If yo r employee works in a state that is di erent from the state that issued this order, a copy must be providec?to your emplyoyee even if the box is not checed. 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. 2360052980 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SCUDDER EMPLOYEE'S CASE IDENTIFIER: 3426102058 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. 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 JOHN C. Form EN-028 Rev. 4 Worker ID $IATT 1 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCUDDER, JOHN C. PACSES Case Number 305110465 Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount 08-4837 CIVIL$ 606.00 Child(ren)'s Name(s): DOB PACSES Case Number 987110451 Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount 00999 S 2008 $ 854.00 Child(ren)'s Name(s): DOB ALEXIS H. SCUDDER 06108199 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 I D $ IATT ?? y ??.:.? c? ._? ?." ? i? ,?'"'" *^. } 1 L.. C:''i `? y_ My, ?? ^". s ?.? John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Jam ,WA Miller, Esquire LER LIPSITT LLC Attorney for Plaintiff 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 John Scudder Plaintiff V. Deidre Scudder Defendant : IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-4837 Civil Term CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE 32. Plaintiff, John Scudder, hereby incorporates as if fully set forth herein his averments set forth in his Complaint in Divorce and his answers set forth to his Answer to Defendant's Counterclaim. COUNT III COMPLAINT UNDER SECTION 3301(a) OF THE DIVORCE CODE 33. Plaintiff avers that he is the innocent and injured spouse and that the Defendant has offered such indignities to the Plaintiff so as to render his condition intolerable and life burdensome. 34. This action is not collusive. WHEREFORE, Plaintiff requests your Honorable Court to: A. enter a Decree dissolving the marriage between the parties; B. equitably distributing the marital property between the parties; C. denying Defendant's request for Alimony, Alimony Pendente Lite, Counsel Fees, Costs/Expenses; D. and for such further relief as the Court may determine. Respectfully Submitted, James iller, Esquire MI R LIPSITT LLC Poplar Church Road Camp Hill PA 17011 (717) 737 6400 jamesgpaatlaw.com VERIFICATION I verify that the statements made in the attached Amended Complaint 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: - 4in C Scudder 4 t John Scudder Plaintiff V. Deidre Scudder Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-4837 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing Amended Complaint upon Defendant, Deidre Scudder by serving her lawyer, Catherine A Boyle, Esquire, by United States First Class Mail on the date indicated hereinbelow. Date: Zd James A Mill $K, Esquire MILLER SITT LLC 765 P ar Church Road p Hill PA 17011 (717) 737 6400 jamesQpaatlaw.com F1LEC-?.-PL'"F? .J 1 r._?C.1 .. 2GO9 APR 20 A!-I 9, 4 7 r\i ? John Scudder Plaintiff V. Deidre Scudder Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-4837 Civil Term CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER John Scudder, Plaintiff, by his attorney, James A. Miller, Esquire, hereby respectfully requests that your Honorable Court appoint a master with respect to the following claims: 1. Divorce 2. Distribution of Property Alimony 4. Alimony Pendente Lite 5. Costs and Expenses 6. and in support or this motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. Defendant has appeared in this action by her attorney: Catherine A Boyle, Esquire, Meyers, Desfor, Saltzgiver & Boyle, 410 North Second Street, PO BOX 1062, Harrisburg PA 17108 3. The statutory ground(s) for divorce are 3301 a,c and d. 4. The action is contested with respect to the following claims: excepting divorce, all claims raised by Defendant are contested. The action involves complex questions of law and fact. The hearing is expected to take one day. Date: ILI, Respectfully submitted, James Miller, Esquire Co el for Plaintiff Poplar Church Road, Camp Hill, PA 17011 (717) 737-6400 ORDER APPOINTING MASTER And now, this day of 2009, is appointed master with respect to the following claims: BY THE COURT: J. John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, James A. Miller, hereby certify that I have forwarded to the person(s) on the date and in the manner indicated below a copy of the preceding document. Date: Z'-1 Too UNITED STATES FIRST CLASS MAIL Counsel for Defendant Catherine A Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street PO BOX 1062 Harrisburg PA 1710 Xmes A. Miller, Esq 765 Poplar Chur Camp Hill, 7011 (717 -6400 ' FILE OF THE 17ARY 2009 * ht 8: ', .1 GUS _I u!, I y JOHN C. SCUDDER, Plaintiff vs. DEIDRE SCUDDER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4837 CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF Plaintiff Plaintiff files the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this inventory and appraisement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BY: A Miller, Esquire iey for Plaintiff VJ W a U. 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W co E (n U) to (n U) (n E U) ca m ca d d d n. a d w W a > .? a > _ U L E l to LO (O co co ao 0) co m C U r E a 3 z N M O co U p O Q> N N N ? CO .+ h a y to Q) M ?- N M V• LO CO N Mr W W U c N E E O U N O 3 c 0 U f6 N t N cu .o N 4- O (n cu c O N L CL C. r 3 L O w c O 16 N a) O a N t O L O L y-+ 4- O N N .Q ca ca cn cn w c cv U_ Q W d co U U) 1- m U U Q Z O O O O O 41- ZZ m CL CL 0- 0. Cll y N N N h N N N N N C O. a Q L Q C C C C C C h L: O U c? c? c? ?y ca cad ? U U U U U N U U U U U ? a v 110 N N N N N N c 0 'C d L L d CL 0 a ca c vi a? ? a o c ? a? ftf c ? U N L O O- O O N c ? •3 m N CO) O c Q c L LA` (U W^ L ? U 3 3 c •- c a? L a o o a L L ao o n c ca _ •3 CC L FL o E Q E O 3 O H L N c LL? ?r- O N 0 0 cn N E ca z L C O L a? E Z E a? I INVENTORY - 31 W. MAPLE AVENUE Garx e Wheel Barrow Aluminum extension ladder Lawn Mower - pwh Lawn Mower - Riding Snow Blower - Small Snow Blower - Large Electric Drill Dining AreaMtchen Dining Room Table and Chairs Microwave Toaster Oven Large Curio Small TV Living Room Two lamps Two end tables Electric piano Couch Lounge Chair Curio Cabinet TV DVD/VHS Player Famiity Room Couch Love Seat Treadmill Computer 32" TV Computer Desk DVD Player Washer / Dryer Curio Bedrooms One Queen Bed One Double Bed One Twin Bed Five Chests of Drawers One Night Stand ADUL weed eater, garage door openers, oven, dishwssher, stools, piano, 6 ft ladder OF ?`? L RY s r- I iW John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland County, Pennsylvania V. No: 08-4837 Deidre Scudder In Divorce Defendant Deidre L Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland County, Pennsylvania V. John C Scudder PACSES 987110451 Defendant DRO Docket 999 S 2008 iur_nMF it FXPFNSE STATEMENT OF PLAINTIFF EXPENSES: Week Month Year Home Mortgage/Rent $625.00 Maintenance Utilities Electric $150.00 Coal Propane Telephone $46.96 Water $22.00 Trash Employment Public Transportation Lunch $60.00 Insurance Homeowner's $4.33 52.00 Automobile $57.58 Life Accident Health Other Automobile Inspection $5.00 Fuel $450.00 Repairs $62.50 registration $3.00 AAA $3.50 Medical Doctor $5.00 Dentist Chiropractor $40.00 Hospital Medicine $66.00 Special needs (glasses, contacts) $37.50 Subtotal $1,638.38 Expenses (continued) Week Month Year Education Private School Parochial School College $750.00 Religious Personal Clothing $100.00 Food $350.00 Barber/Hairdresser Credit Payments Credit Card $450.00 Charge Memberships $24.95 Loans Taxes Real Estate Personal Property Miscellaneous internet $27.95 counseling $80.00 drycleaning $100.00 Entertainment $150.00 Pa TV/Cable $99.96 OPT $4.33 Vacation $100.00 Gifts $166.67 Legal fees $300.00 Charitable Contributions $21.67 APL $555.00 child support to D $854.00 Other j Arrears $55.00 Subtotal $4,189.53 Total Expenses: $5,827.90 VERIFICATION I verify that the statements made in his income and Expense Statement are true and correct. I understand that false lisfa?cjtion to authorities. state s he in ar j ct to criminal enalities of 18 Pa. C.S. Section 4904, relating to?7un worn fa/_0 Date: O ? ` o Scudder J OF ` HE i' 1 . tt TAP Y 5 2009 A?A `A'6: 66 C ?..t'?11?71?1...V?I? ?1"'. r .1 SEP 0 2 2009 John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER John Scudder, Plaintiff, by his attorney, James A. Miller, Esquire, hereby respectfully requests that your Honorable Court appoint a master with respect to the following claims: 1. Divorce 2. Distribution of Property Alimony 4. Alimony Pendente Lite 5. Costs and Expenses 6. and in support of this motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. Defendant has appeared in this action by her attorney: Catherine A Boyle, Esquire, Meyers, Desfor, Saltzgiver & Boyle, 410 North Second Street, PO BOX 1062, Harrisburg PA 17108 3. The statutory ground(s) for divorce are 3301 a,c and d. 4. The action is contested with respect to the following claims: excepting divorce, all claims raised by Defendant are contested. The action involves complex questions of law and fact. The hearing is expected to take one day. Date: Z-7 7ft"f Respectfully submitted, James A. Miller, Esquire Cou el for Plaintiff Poplar Church Road, Camp Hill, PA 17011 (717) 737-6400 ORDER APPOINTING MASTER now, this d n day of 2009, "/ is appointed master with respect to the following claims: COURT: J. 2009 SEP -2 Ph ?: 03 P 9/3104- E.s ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/30/09 Case Number (See Addendum for case summary) EmployerAVithholder's Federal EIN Number BIG SPRING SCHOOL DISTRICT 45 MT ROCK RD NEWVILLE PA 17241-9412 197-40-6476 Employee/Obligor's Social Security Number 3426102058 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. $ 854.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 55o . oo per month in current spousal support $ o . 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 $ 1,404.00 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: $ 324.00. per weekly pay period. $ 702. oo per semimonthly pay period (twice a month) $ 648.00 per biweekly pay period (every two weeks) $ 1, 404.00 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,H rrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFEND 'S NA E ACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SO SECUR N ER / ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Gv1 BY THE COURT: DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 987110451 999 S 2008 08-4837 CIVIL OOriginal Order/Notice OAmended Order/Notice 0Terminate Order/Notice QOne-Time Lump Sum/Notice RE:SCUDDER, JOHN C. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heckl you are required to provide a opy of this form to your, m loyee. If yo r employee orks in a state that is diferent from the state that issued this order, a copy must be provic?edpto your employee even if tie 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. 2360052980 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME:SCUDDER, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 3426102058 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: 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 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) (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 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.: 097MI 54 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCUDDER, JOHN C. PACSES Case Number 305110465 PACSES Case Number 987110451 Plaintiff Name Plaintiff Name DEIDRE L. SCUDDER DEIDRE L. SCUDDER Docket Attachment Amount Docket Attachment Amount 08-4837 CIVIL$ 550.00 00999 S 2008 $ 854.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ALEXIS H. SCUDDER 06/08/99 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 Service Type ty OMB No.: 0970-0154 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.5 Worker I D $ IATT 'FILED-DFHCE OE THE P ?THONO ARY 2009 NOV -2 PH 2: 49 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4837 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania CU E 987110451 QAmended Order/Notice MB RLAND Co./City/Dist. of 999 S 2008 Date of Order/Notice 02/22/10 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: SCUDDER, JOHN C. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 197-40-6476 Employee/Obligor's Social Security Number BIG SPRING SCHOOL DISTRICT 3426102058 45 MT ROCK RD Employee/Obligor's Case Identifier NEWVILLE PA 17241-9412 (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. n _ $ 0.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes no-' $ 0.00 per month in current medical support - ' $ 0.00 per month in past-due medical support ;c- $ o.oo per month in current spousal support $ o. oo per month in past-due spousal support -- ?:-`. $ 0.00 per month for genetic test costs ' $ 0.00 per month in other (specify) ' $ 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) $ 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). 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. BY THE COURT: 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 0 If heck you are required to provide a opy of this form to your m loyee. If yo r employeg orks in a state that is diferent from the state that issued this order, a copy must be provideedpto your employee even if tie 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 roust, 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 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. 2360052980 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SCUDDER, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 3426102058 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 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 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.: 097"154 Worker ID $IATT ~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCUDDER, JOHN C. PACSES Case Number 305110465 PACSES Case Number 987110451 Plaintiff Name Plaintiff Name DEIDRE L. SCUDDER DEIDRE L. SCUDDER Docket Attachment Amount Docket Attachment Amount 08-4837 CIVIL$ 0.00 00999 S 2008 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ALEXIS H. SCUDDER 06108199 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 ID $IATT OMB No.: 0970-0154 ORDERMOITICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsyly, Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/22/10 Case Number (See Addendum for holder's Federal EIN Number SUBSTITUTE TEACHER SER C/O ATTENTION: PAYROLL PO BOX 37 MEDIA PA 19063-0037 See Addendum for 08-4837 CIVIL @ Original Order/Notice 987110451 OAmended Order/Notice -999 S 2008 OTerminate Order/Notice nmary) OOne-Time Lump Sum/Notice RE:SCUDDER, JOHN C. Employee/Obligor's Name (Last, First, MI) 197-40-6476 Employee/Obligor's Social Security Number IN 3426102058 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) t names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Or er/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND Count) , Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employ e's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 854.00 $ 0.00 $ 0.00 $ 0.00 $ 550.00 $ 56.00 $ 0.0.0 $ 0.00 per month in cur per month in pas per month in cur per month in pas per month in cur per month in pas per month for ge per month in oth one-time lump si for a total of $ 1,460.00 per ant child support due child support ant medical support due medical support ant spousal support due spousal support etic test costs r (specify) Arrears 12 weeks or greater? Qye Qno G ?- o -n -rt W _C7 iY payment 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: $ 336.92 per weekly pay period. $ 730.00 per semimonthly pay period (twice a month) $ 673.85 per biweekly pay period (every two weeks) $ 1, 460.00 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 Ord r/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 dis osable 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 the ks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) E ployer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: P SCDU Send check to: Pennsylvania SC U, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST IN LUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY N_VMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Albert H. Masland, Judge DRO: R. J . Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL IN If 4hecke?l you are required to prl di event f1rom the state that issued 1. Priority: Withholding under this Order/Nc Federal tax levies in effect before receipt of thi agency listed below. 2. Combining Payments: You can combine v each agency requesting withholding. You mu employee/obligor. MATION TO EMPLOYERS AND OTHER WITHHOLDERS de a opy of this form to your m loyee. If yo?r r employee works in a state tha is is order, a copy must be provic?edpto your employee even if the box is not chec?ed. e has priority over any other legal process under State law against the same income. ,rder have priority. If there are Federal tax levies in effect please contact the requesting iheld amounts from more than one employee/obligor's income in a single payment to however, separately identify the portion of the single payment that is attributable to each 3. * Reporting the Paydate/Date of Withholdin : 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 plat of employment with respect to the time periods within which you must implement the withholding order and forward the support pay ents. 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 h nor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's pri cipal 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. 2327584880 THE PERSON HAS NEVER WORKED FORT IS EMPLOYER : 177 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED EMPLOYEE'S/OBLIGOR'S NAME: SC DER, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 34 6102058 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 requir to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions abo t lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as t e Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income nd 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 fi e determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary actin against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in anot er State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhc Protection Act (CCPA) (15 U.S.C. 1673 (b)); or employment. Disposable income-is the net in Security taxes, statutory pension contributions supporting another family and 60% of the disc increased to 55% and that 60% limit is increaE deduct a fee for administrative costs. The supF Arrears greater than 12 weeks : If the Order employer should calculate the CCPA limit usir allowed under the law of the issuing Tribe. Fo the limit set by the law of the jurisdiction in wl CCPA (15 U.S.C. 1673 (b)). Depending upon care premiums in determining disposable incc 10. Additional info: * NOTE: If you or your agent are served with a that issued this order with respect to these item 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION Service Type M more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit the amounts allowed by the State or Tribe of the employee's/obligor's principal place of )me left after making mandatory deductions such as: State, Federal, local taxes, Social rid Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is sable income if the obligor is not supporting another family.However, that 50% limit is 1 to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may rt amount and the fee may not exceed the limit indicated in this section. iformation does not indicate whether the arrears are greater than 12 weeks, then the the lower percentage. For Tribal orders, you may not withhold more than the amounts Fribal employers who receive a State order, you may not withhold more than the lesser of ch the employer is located or the maximum amount permitted under section 303(d) of the )plicable State law, you may need to take into consideration the amounts paid for health and applying appropriate withholding limits. of this order in the state that issued the order, you are to follow the law of the state 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 OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID SIATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor SCUDDER, JOHN C. PACSES Case Number 305110465 PACSES Case Number 987110451 Plaintiff Name Plaintiff Name DEIDRE L. SCUDDER DEIDRE L. SCUDDER Docket Attachment Amount Docket Attachment Amount 08-4837 CIVIL$ 606.00 00999 S 2008 $ 854.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): ALEXIS H. SCUDDER 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 Child(ren)'s Name(s): DOB 06/08/99 DOB DOB Addendum Form EN-028 Rev.5 Service Type Iy Worker ID $IATT OMB No.: 0970-0154 ORDER/NOTICE TO WITHHOLD State Commonwealth of Pennsylvania 98711 451 Co./City/Dist. of CUMBERLAND 999 S 2008 Date of Order/Notice 04/01/10 Case Number (See Addendum for case summary) RE: SC DER, Employer/Withholder's Federal EIN Number SUBSTITUTE TEACHER SERVICE, IN C/O ATTENTION: PAYROLL PO BOX 37 MEDIA PA 19063-0037 08-4837 CIVIL FOR SUPPORT 305110465 0Original Order/Notice OAmended Order/Notice 0Terminate Order/Notice OOne-Time Lump Sum/Notice JOHN C. Employee/Obligor's Name (Last, First, MI) 197-40-6476 Employee/Obligor's Social Security Number 3426102058 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 associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold In ome for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pen Sylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 400.00 per month in current child support $ o . oo per month in past-due child support $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ 55o, oo per month in current spousal support $ 56.00 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 $ 1, 006. oo per month to be forwarded to You do not have to vary your pay cycle to be in compliance wit the ordered support payment cycle, use the following to determ $ 232.15 per weekly pay period. $_______464.31, per biweekly pay period (every two weeks) rs 12 weeks or greater? 0 yes ® no n o c 1 rT_1 F r -C vo ,f C_n _ = ?C7 ayee below. y rn Z Iv the support order. If your pay cycle des nc Jm att to how much to withhold: > 503.00 per semimonthly pay period (twice a month) 1, 006.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding n later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send paymen 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 wit held 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 b an electronic payment method if an employer is ordered to withhold income from more than one employee an employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient unds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Servic at 1-877-676-9580 for instructions. PA HIPS 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 DEFENDA T'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL ECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ,eg ..m ? z. w- /' r? BY THE COURT: DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 H. Masland, Judge Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPL If hecked you are required to provide a copy of this form to yot diferent from the state that issued this order, a copy must be pro 1. Priority: Withholding under this Order/Notice has priority over any other Federal tax levies in effect before receipt of this order have priority. If there a agency listed below. 2. Combining Payments: You can combine withheld amounts from more th each agency requesting withholding. You must, however, separately identifj employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the payda paydate/date of withholding is the date on which amount was withheld from state of the employee's/obligor's principal place of employment with respect withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more that this employee/obligor and you are unable to honor all support Order/Notice the law of the state of employee's/obligor's principal place of employment. 1 possible. (See #9 below) AND OTHER WITHHOLDERS rnployee. If yo r employee works in a state that is led to your employee even if the box is not checked. gal process under State law against the same income. Federal tax levies in effect please contact the requesting n one employee/obligor's income in a single payment to the portion of the single payment that is attributable to each late of withholding when sending the payment. The employee's wages. You must comply with the law of the the time periods within which you must implement the one Order/Notice to Withhold Income for Support against due to Federal or State withholding limits, you must follow )u must honor all Orders/Notices to the greatest extent 5. Termination Notification: You must promptly notify the Requesting Age cy when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/N ice to the Agency identified below. 232584880 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ED E EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED EMPLOYEE'S/OBLIGOR'S NAME: SCUDDER JOHN C. EMPLOYEE'S CASE IDENTIFIER: 3426102058 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: TE OF SEPARATION NAL 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, conta t 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 Pe nsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine detennined under State la for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obli r because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the I w of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by tl employment. Disposable income is the net income left after making mand; Security taxes, statutory pension contributions and Medicare taxes. The Fe supporting another family and 60% of the disposable income if the obligor increased to 55% and that 60% limit is increased to 65% if the arrears are g deduct a fee for administrative costs. The support amount and the fee may i Arrears greater than 12 weeks : If the Order Information does not indicat, employer should calculate the CCPA limit using the lower percentage. For allowed under the law of the issuing Tribe. For Tribal employers who recei the limit set by the law of the jurisdiction in which the employer is located CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you ma care premiums in determining disposable income and applying appropriat( 10. Additional info: he amounts allowed by the Federal Consumer Credit State or Tribe of the employee's/obligor's principal place of :ory deductions such as: State, Federal, local taxes, Social eral limit is 50% of the disposable income if the obligor is s not supporting another family.However, that 50% limit is eater than 12 weeks. If permitted by the State, you may Dt exceed the limit indicated in this section. whether the arrears are greater than 12 weeks, then the ribal orders, you may not withhold more than the amounts e a State order, you may not withhold more than the lesser of ,r the maximum amount permitted under section 303(d) of the need to take into consideration the amounts paid for health withholding limits. *NOTE: If you or your agent are served with a copy of this order in the sta 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 by P.O. BOX 320 by CARLISLE PA 17013 by Page 2 of 2 Service Type M OMB No.: 0970-0154 If yIct u or your employee/obligor have any questions, on WAGE ATTACHMENT UNIT lone at (717) 240-6225 or at (717) 240-6248 or iet www.childsupport -state. pa.us Form EN-028 Rev.5 Worker I D $ IATT r • ADDENDt Summary of Cases of Defendant/Obligor: SCUDDER, JOHN C. PACSES Case Number 305110465 Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount 08-4837 CIVIL$ 606.00 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 Service Type M OMB No.: 0970-0154 CSES Case Number 987110451 intiff Name IDRE L. SCUDDER Docket Attachment Amount 999 S 2008 $ 400.00 :hild(ren)'s Name(s): EXIS H. SCUDDER Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB 06/08/99 DOB DOB Form EN-028 Rev.5 Worker ID $ IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 04/08/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number LONDONDERRY TOWNSHIP C/O BOARD OF SUPERVISORS 783 GEYERS CHURCH RD MIDDLETOWN PA 17057-4424 197-40-6476 Employee/Obligor's Social Security Number 3426102058 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. $ 400.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Oyes r0 no $ 0.00 per month in current medical support n -° $ o. oo per month in past-due medical support , $ 550.00 per month in current spousal support $ 56.00 per month in past-due spousal support $ o . o o per month for genetic test costs c) $ o . oo per month in other (specify) -tea -i $ one-time lump sum payment for a total of $ 1, 006.00 per month to be forwarded to payee below. c? cn 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: $ 232.x- per weekly pay period. $ 503.00 per semimonthly pay period (twice a month) $ 464.31 per biweekly pay period (every two weeks) $ 1, 006.00 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 NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. .:0 DO NOT SEND CASH BY MAIL. /?iJis?/J?i_ / /- BY THE COURT: DRO: R.J. Shadday Service Type m 987110451 999 S 2008 08-4837 CIVIL 0Original order/Notice OAmended order/Notice OTerminate order/Notice OOne-Time Lump Sum/Notice RE:SCUDDER, JOHN C. Employee/Obligor's Name (Last, First, MI) Albert H. Masland, Judge OMB No.: 0970-0154 Form EN-028 Rev.5 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If hheckefi you are required to provide asopy of this form to your employee. If yoyr employee works in a state that is di event rrom the state that issued this or er, a copy must be provided to your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. if there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* 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. 2360509110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SCUDDER, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 3426102058 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: 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 (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 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCUDDER, JOHN C . PACSES Case Number 305110465 Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount 08-4837 CIVIL$ 606.00 Child(ren)'s Name(s): DOB PACKS Case Number 987110451 Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount 00999 S 2008 $ 400.00 Child(ren)'s Name(s): DOB ALEXIS H. SCUDDER 06/08/99 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.S Service Type M Worker ID $IATT OMB No.: 0970-0154 John Scudder IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE c PACSES Case NO: 305110465 PETITION TO TERMINATE/MODIFYALIMONY PENDENTE LhPt- ANDC MOTION TO CONSOLIDATE HEARINGS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 4o M6 LJM N _ LJ r w v NOW COMES, John Scudder, Petitioner, by and through his attorneys, James A Miller, Esquire, and Miller Lipsitt LLC, and respectfully represents: 1. Petitioner is John Scudder, an adult individual residing at 820 Windsor Place, Mechanicsburg, PA 17055. 2. Respondent is Deidre Scudder, an adult individual residing at 31 West Maple Avenue, Shiremanstown, PA 17011. 3. On February 23, 2009, after hearing, an Order for Alimony Pendente Lite was entered to the above term and docket in the amount of $555.00 per month. 4. At the time of the hearing, Petitioner was employed as a Principal in the Big Spring School District. 5. Since the entry of the Order, circumstances have materially changed which under the facts and law of this case entitle Petitioner to a termination of the existing Alimony Pendente Lite award in its entirety including any and all arrearages that may exist or in the alternative, modification of the award; said changes include but, are not limited to: a) Petitioner continues to have an Alimony Pendente Lite obligation to Respondent for $555.00 per month that is based upon stale information; b) Respondent earns more money per month than Petitioner does; c) On February 5, 2010, after 35 years of service, Petitioner retired; d) Petitioner's PSERS retirement is not in pay status; e) Petitioner is without adequate and reliable sources of income; f) Petitioner's request for modification of his child support obligation was granted by the domestic relations office to $400.00 monthly in the corollary case docketed to PACSES 987110451, Docket 999 S 2008; g) Petitioner in the foregoing matter was found to have an earning capacity equal to a net monthly income of $2214.20 and Respondent to have an actual net monthly income of $3394.79; 6. The aforementioned changes are material, significant and serious and require the termination of the existing Alimony Pendente Lite award from Petitioner to Respondent or in the alternative, a substantial reduction in the amount. 7. The Support Master is scheduled to hear Respondent's appeal of the aforementioned child support award identified in preceding paragraph 5 f) in or about the beginning of July 2010. 8. Petitioner's requests herein are of such a nature that they will ultimately be heard by the Support Master. 9. The Support Master's office has been made aware of this filing and has apprised the parties that Petitioner's requests herein shall be heard at the same time as Respondent's appeal is heard. 10. In the interest of judicial economy, Petitioner respectfully requests that Respondent's child support appeal and Petitioner's herein requests relative to Alimony Pendente Lite be heard by the Support Master on the same date and at the same time. WHEREFORE, Petitioner respectfully requests that your Honorable Court grant the relief requested herein. RESPECTFULLY SUBMITTED, James A Mi r, Esquire IPSITT LLC 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 John Scudder Plaintiff/Petitioner V. Deidre Scudder Defendant/Respondent IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-4837 Civil Term CIVIL ACTION - LAW IN DIVORCE PACSES Case NO: 305110465 VERIFICATION I verify that the statements made in the attached Petition to Terminate/Modify Alimony Pendente Lite and Consolidate Hearings 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: ?".( ., 4 1. -1 0 John Scudder IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE PACSES Case NO: 305110465 CERTIFICATE OF SERVICE I, James A. Miller, hereby certify that I have forwarded to the person(s) on the date and in the manner indicated below a copy of the preceding document. Date: o? 7 01 HAND DELIVERED Michael Rundle Esquire Support Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 UNITED STATES FIRST CLASS MAIL Counsel for Defendant Catherine A Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street PO BOX 1062 Harrisburg PA 17108 EGG James A. M?il'le?r 765 Poplar Road -n, PA 17011 (717) 737-6400 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JOHN C. SCUDDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION DIEDRE L. SCUDDER, PACSES NO. 305110465 ' Defendant/Petitioner DOCKET NO. 08-4837 CIVIL 7l CD ORDER OF COURT Yx` You, John C. Scudder, of 820 Windsor Place, Apartment A, Mechani csburg, CD Pennsylvania 17055-8401 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 7`" of July, 2010, at 1:30 p.m., for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: CM-509 SCUDDER V. SCUDDER PACSES Case Number 305 1 1 0465 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: y ---)- 2 -10 BY T E COURT: Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. I In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JOHN C. SCUDDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION DIEDRE L. SCUDDER, PACSES NO. 305110465+ ` Defendant/Petitioner DOCKET NO. 08-4837 CIVIL' - -tea 71 ORDER OF COURT You, Deidre L. Scudder, of 31 West Maple Avenue, Shiremanstown, CD Pennsylvania 17011-6557 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 7th of July, 2010, at 1:30 p.m., for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: CM-509 SCUDDER V. SCUDDER PACSES Case Number 305110465 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: ? -?) R -16 BY THE COURT: Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. 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 PHASE 4 LEARNING CENTER 3075 CLAIRTON RD STE 930 WEST MIFFLIN PA 15123-0001 197-40-6476 Employee/Obligor's Social Security Number 3426102058 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachmenO Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 400.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? ®yej (;no $ o.oo per month in current medical support $ o.oo per month in past-due medical support -- _ - $ 550.00 per month in current spousal support $ 56.00 per month in past-due spousal support I $ o . oo per month for genetic test costs $ 0.00 per month in other (specify) -73 $ one-time lump sum payment for a total of $ 1, 006. oo per month to be forwarded to payee below. - C- ° : <- 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: $ 23-2_ 15 per weekly pay period. $ 503.00 per semimonthly pay period (twice a month) $ 464.31 per biweekly pay period (every two weeks) $ 1, 006.00 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. BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 987110451 999 S 2008 08-4837 CIVIL @ Original Order/Notice OAmended Order/Notice 0Terminate Order/Notice QOne-Time Lump Sum/Notice RE:SCUDDER, JOHN C. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to pr vide a opy of this form to your m loyee. If yo r employee orks in a state thatkis di#erent from the state that issued this order, a copy must be provic?edpto your employee even if tie 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 employeelobligor's income in a single payment to each agency requesting withholding. You rr)ust, 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 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. 1616805120 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME:SCUDDER, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 3426102058 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. 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 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: 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.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCUDDER, JOHN C. PACSES Case Number 305110465 Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount 08-4837 CIVIL$ 606.00 Child(ren)'s Name(s): DOB PACSES Case Number 987110451 Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount 00999 S 2008 $ 400.00 Child(ren)'s Name(s): DOB ALEXIS H. SCUDDER 06108199, 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 Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4837 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 987110451 Amended Order/Notice 999 S 2008 Date of Order/Notice 07/08/10 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: SCUDDER, JOHN C. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (last, First, MI) 197-40-6476 Employee/Obligor's Social Security Number LONDONDERRY TOWNSHIP 3426102058 C/O BOARD OF SUPERVISORS Employee/Obligor's Case Identifier 783 GEYERS CHURCH RD (See Addendum for plaintiff names MIDDLETOWN PA 17057-4424 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. $ 600.00 per month in current child support $ 6o.00 per month in past-due child support Arrears 12 week s or greater? ® Qno $ 0.00 per month in current medical support ,, $ o . oo per month in past-due medical support -" -T I $ o . oo per month in current spousal support 7T- ; $ o . 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 t:= for a total of $ 660 . o0 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: $ 152.31 per weekly pay period. $ 330.00 per semimonthly pay period (twice a month) $ 304.62 per biweekly pay period (every two weeks) $ 660.00 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. .. _ _ _ BY THE COURT: DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 land, Judge Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If 4heckefl you are required to provide c opy of this form to your ?em?loyee. If yoyr employee works in a state that is di erent rrom the state that issued this o er, a copy must be provi a 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 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. 2360509110 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : D THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:SCUDDER, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 3426102058 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.5 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCUDDER, JOHN C. PACSES Case Number 987110451 PACSES Case Number Plaintiff Name Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount Docket Attachment Amount 00999 S 2008 $ 660.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ALEXIS H. SCUDDER 06/08/99 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.S Service Type M Worker ID $IATT OMB No.: 0970-0154 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 987110451 Co./City/Dist. of CUMBERLAND 999 S 2008 Date of Order/Notice 07/08/10 Case Number (See Addendum for case summary) EmployerNVithholder's Federal EIN Number SUBSTITUTE TEACHER SERVICE, IN C/O ATTENTION: PAYROLL PO BOX 37 MEDIA PA 19063-0037 Employee/Obligor's Name (Last, First, MI) 197-40-6476 Employee/Obligor's Social Security Number 3426102058 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. $ 600.00 $ 60.00 $ 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? 08-4837 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE:SCUDDER, JOHN C. one-time lump sum payment for a total of $ 660.00 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: $ 152.31 per weekly pay period. $ 330.00 per semimonthly pay period (twice a month) $ 304.62 per biweekly pay period (every two weeks) $ 660.00 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. BY THE COURT: DRO: R. J. Shadday Service Type M Albert H. Masland, Judge OMB No.: 0970-0154 Form EN-028 Rev.5 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 Nerent from the state that issued this order, a copy must be providedpto your empYoyee 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. 2327584880 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: I] EMPLOYEE'S/OBLIGOR'S NAME:SCUDDER, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 3426102058 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 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.5 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCUDDER, JOHN C. PACSES Case Number 987110451 PACSES Case Number Plaintiff Name Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount Docket Attachment Amount 00999 S 2008 $ 660.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ALEXIS H. SCUDDER 06/08/99 PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): 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 OMB No.: 0970-0154 Worker I D $ IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dirt. of CUMBERLAND Date of Order/Notice 07/08/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number PHASE 4 LEARNING CENTER 3075 CLAIRTON RD STE 930 WEST MIFFLIN PA 15123-0001 197-40-6476 Employee/Obligor's Social Security Number 3426102058 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. $ 600.00 $ 60.00 $ 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? one-time lump sum payment for a total of $ 660.00 per month to be forwarded to payee below. C) OAS no--? c?u J r. _j 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: $ 1 1;1) ?i per weekly pay period. $ 330.00 per semimonthly pay period $ 304 - 62 per biweekly pay period (every two weeks) $ (twice a month) 660.00 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 MAIL. 100, 0--> BY THE COURT: (".0- /-4 - - - -- - - Albert H. Masland, Judge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT 987110451 999 S 2008 08-4837 CIVIL OOriginal Order/Notice OAmended Order/Notice 0Terminate Order/Notice QOne-Time Lump Sum/Notice RE:SCUDDER, JOHN C. Employee/Obligor's Name (Last, First, MI) ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ei If hhecke?l you are required to provide gopy of this form to you=,loyee. If your employee works in a state that is di Brent rrom the state that issued this or er, a copy must be provi 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. 1616805120 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: E3 EMPLOYEE'S/OBLIGOR'S NAME:SCUDDER, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 3426102058 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 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 by telephone at (717) 240-6225 or BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or CAR by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCUDDER, JOHN C. PACSES Case Number 987110451 PACSES Case Number Plaintiff Name Plaintiff Name DEIDRE L. SCUDDER Docket Attachment Amount Docket Attachment Amount 00999 S 2008 $ 660.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ALEXIS H. SCUDDER 06/08/99 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 ID $zATT OMB No.: 0970-0754 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEIDRE L. SCUDDER ) Docket Number 08-4837 CIVIL Plaintiff ) VS. ) PACSES Case Number 305110465 JOHN C. SCUDDER ) Defendant ) Other State ID Number Order AND NOW to wit, this JULY 8, 2010 it is hereby Ordered that: PURSUANT TO THE SUPPORT MASTER'S ORDER OF JULY 8, 2010, THE ALIMONY PENDENTE LITE ORDER IS TERMINATED, EFFECTIVE FEBRUARY 16, 2010, WITH A CREDIT OF -$391.09. SAID CREDIT IS DIRECTED TO THE CHILD SUPPORT ACCOUNT UNDER PACSES CASE #987110451 AND DOCKETED AT 999 S 2008. BY THE COURT: C? ? - s ALBERT H. MASLAND, JUDGE DRO: R.J. SHADDAY Service Type M Form OE-520 Worker ID 21205 DIEDRE L. SCUDDER, Plaintiff V. JOHN C. SCUDDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 987110451 DOCKET NO. 999 SUPPORT 2008 JOHN C. SCUDDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION n DIEDRE L. SCUDDER, PACSES NO. 305110465 - ?- Defend ant/Petitioner: DOCKET NO. 08-4837 CIVIL - ' c-ri E ORDER OF COURT AND NOW, this 8th day of July, 2010, this matter having been sch64ule&. for a hearing de novo before the Support Master on the Father/Husband's petitions for modification of child support and modification of alimony pendente lite, and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master, it is ordered and decreed as follows: 1. Effective February 16, 2010 the Father shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his child, Alexis H. Scudder, born June 8, 1999, the sum of $600.00 per month. 2. The Father shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $60.00 per month on accrued arrears, if any, until paid in full. 3. Both parties shall provide health insurance coverage for the benefit of said child as is available to them through employment or other group coverage at a reasonable cost. 4. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 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 st 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: 50% by Father and 50% by Mother. .?a 5. Effective February 16, 2010 the Husband's obligation to pay alimony pendente lite is terminated. 13y the Court, Albert H. Masland, J. Cc: Deidre L. Scudder John C. Scudder Catherine A. Boyle, Esquire For the Plaintiff James A. Miller, Esquire For the Defendant DRO/rjs John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 12, 2008, and service was obtained upon the defendant by defendant's Counsel, Catherine A Boyle, Esquire accepting service thereof on August 28, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: r?.a i v ?' John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant 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. 1 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. 1 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. 4. 1 verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: G 1--y p lj_ C-' CV JOHN C. SCUDDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-4837 DEIDRE SCUDDER, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made 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 ?T'~.zolp „C y}. Deidre Scudder, Defendant ,M MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JOHN C. SCUDDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-4837 DEIDRE SCUDDER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 12, 2008. The marriage of the 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. § 4904 relating to unworn falsification to authorities. Date: o /o (a ,,, eidre Scudder, Defendant r-? 4L 77 1 ? - O T _ r MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JOHN C. SCUDDER, Plaintiff VS. DEIDRE SCHUDDER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4837 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ? day of 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 3, 2010, and addendum dated August 6, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ' James A. Miller Attorney for Plaintiff ./ Catherine A. Boyle Attorney for Defendant CT tg.s m-.t U- 7 f /v /4. - nx,- ?CFY/dI ,/mss f'•?? h' JOHN C. SCUDDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVAI IA vs. No. 08-4837 DEIDRE SCUDDER, CIVIL ACTION -LAW Defendant IN DIVORCE The parties acknowledge that neither of them has filed or intends to file for bankruptcy. The parties further acknowledge that the provisions herein relating to alimony are with the provisions relating to property distribution and that Wife will necessarily rely receipt of the assets, in order to maintain a reasonable standard of living. Moreover, it is acknowledged that failure to receive the assets distributable to Wife pursuant to this will seriously impair Wife's ability to meet her reasonable needs and that there would havo been alimony payments, but for the reliance of Wife upon receipt of the assets. Accordingly, Husband acknowledges that, in the event of any bankruptcy, no Chapters 7 or 13, or insolvency proceedings, the property distribution required by this Agrement should be recognized as non-dischargeable obligations and should survive any such procee ing in order to effect the intention and agreement of the parties herein. JAMES A. MILL WESQUIRE NM IN X? Z A. , ESQUIRE DATE: John Scudder IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-4837 Civil Term Deidre Scudder CIVIL ACTION - LAW Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT August 3 2010 Attorney for Defendant Catherine A Boyle, Esquire Meyers, Desfor; Saltzgiver & Boyle 410 North Second Street PO BOX 1o62 Harrisburg PA 171o8 Attorney for Plaintiff James A Miller, Esquire Miller Lipsitt LLC 765 Poplar Church Road Camp Hill PA 17011 TABLE OF CONTENTS SECTION PAGE 1. SEPARATION AND NON INTERFERENCE: 5 2. RECONCILIATION: 5 3. ENFORCEMENT: 5 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXP ENSES/CHILD SUPPORT/COLLEGE EXPENSES: 7 Alimony Pendente Lite, Child Support & College Expenses: 7 5. EQUITABLE DISTRIBUTION: 9 A. DISTRIBUTION OF ASSETS: 9 1. WIFE'S ASSETS: 9 2. HUSBAND'S ASSETS: 9 3. ASSET DIVISION: 10 A. REAL ESTATE: 31 West Maple Avenue, Shiremanstown, Cumberland County Pennsylvania: 10 B. DISTRIBUTION AND WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AN INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE , ASSETS : 11 C. INTENT: 12 6. AFTER ACQUIRED PROPERTY: 13 7. DEBTS: 14 A. Wife's Debts: 14 B. Husband's Debts: 14 C. Marital Debts: 14 D Indemnification: 15 8. FULL DISCLOSURE: 16 9. RELEASES: 17 10. AGREEMENT BINDING ON HEIRS: 1 .17 11. BREACH: 18 12. REPRESENTATION: 18 13. VOLUNTARY EXECUTION: 19 14. ENTIRE AGREEMENT: 15. PRIOR AGREEMENT: 16. MODIFICATION AND WAIVER: 17. GOVERNING LAW: 18. INDEPENDENT SEPARATE COVENANTS: 19. DESCRIPTIVE HEADINGS: 20. VOID CLAUSES: 21. DISTRIBUTION DATE 22. DATE OF EXECUTION: I have read and understand this page JS, ? ; DS b5 Scudder MSA 19 19 19 19 20 20 20 20 20 3 Scudder MSA MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of August, 2010, b and between John Scudder, hereinafter called "Husband", and Deidre Scudder, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on Septemb?r 17, 1994 in Hazleton, Pennsylvania; WHEREAS, one child was born from the marriage, namely Ale s H Scudder, DOB June 8,1999• WHEREAS, differences have arisen between the parties and it i the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle 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 equijable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general; the settling of any and all claims and possible claims by one against the othe I r or against their respective estates; NOW THEREFORE, in consideration of the premises and of the m tual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound he?eby covenant and agree as follows: II?? 1 have read and understand this page JS ;r?; DS)?S P pge Scudder MSA 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall chopse or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each parry shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither parry shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separat6 and apart from the other. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguighed, discharged, terminated, invalidated or otherwise affected by a reconciliAtion between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Husband filed to the above term and docket a no-fault divorce action pursuant to Title 23, section 3301(c) of the Pennsylvania Divorce Code and amendments thereto on August 12, 2008, and counsel for ? Vife accepted service thereof on August 28, 2008, said Acceptance of Service halving been filed to the above term and docket on September 8, 2008. I have read and understand this page JSJ:5- DSS p4ge 5 Scudder MSA It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all 'other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by, the Pennsylvania Divorce Code and shall be submitted to the court at the time of filing the Praecipe to transmit the record to conclude the divorce. The parties agree to execute their respective Affidavit of Consent and Waiver of Notice simultaneously with the execution hereof in addition to any other documentation required by the Court of Common Pleas of Cumberland County, Pennsylvania, in order to proceed with finalizing the divorce action as soon as is practicable within the time frame permitted pursuant to the Pennsylvania Rules of Civil Procedure. Each party shall further execute any and all documents that may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce, and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. ? It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive; any judgment and to be forever binding and conclusive upon the parties. I have read and understand this page .IszJ ;- DS-b-5 page 6 Scudder MSA 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES/CHILD SUPPORT/COLLEGE EXPENSES: Husband and Wife hereby acknowledge that they have been advised or have the right to obtain advice in regard to the fact that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in their divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto, except as specifically provided herein. The parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. Alimony Pendente Lite, Child Support & College Expenses: 1. The Alimony Pendente Lite award entered to the above term and docket shall terminate, effective February 16, 2010. All arrearages, if any, shall be paid by Husband in full upon execution of this Agreement. I have read and understand this page JSDs b.5 page 7 Scudder MSA 2. Child Support entered to Docket Number 999 S 2008, PACSES Case Number 987110451, shall continue. Effective February 16, 2010, Husband shall pay Wife $600.0o per month in current child support plus $60.0o per month on arrears. Upon Husband's receipt of his PSERS pension, the child support amount will be revisited and determined in accordance with the Pennsylvania Support Guidelines. Husband shall notify Wife immediately when his PSERS pension enters pay status and the amount he is to receive, so that the parties may attempt to resolve the proper child support amount to be paid. The parties shall split unreimbursed medical expenses 50/50 as per the current order and then said expenses shall be paid in accordance with the Pennsylvania Support Guidelines. Husband further agrees to notify Wife immediately upon electing to receive social security and the amount to be received so that child support and the proper portion of unreimbursed medical expenses may again be recalculated in accordance with the Pennsylvania Support Guidelines. 3. COLLEGE EDUCATION: The parties shall be equally responsible for payment of all undergraduate college expenses for their daughter. Their daughter shall first apply for grants and scholarships to be applied against all tuition, room and board, transportation and the like expenses. Further, $12,500.00 of the 529 TAP account, namely the PA Treasury Department 529 account ending in #5262 held in Wife's name, shall also be applied to these expenses. Any separate amounts saved by either party on or after the execution shall not be considered a source of available funds for such expenses. I have read and understand this page .ISIS ; DS_bS page 8 Scudder MSA 5. EQUITABLE DISTRIBUTION: A. DISTRIBUTION OF ASSETS: 1. WIFE'S ASSETS: Husband does hereby grant, convey, transfer, assign, and deliver and set- over unto Wife the assets in her possession and so identified within this agreement; said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets in his possession and so identified within this agreement; said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non- marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. I have read and understand this page IS; DS-b.5 page 9 Scudder MSA 3. ASSET DIVISION: Except as provided herein, Husband and Wife do hereby acknowledge that they have heretofore divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, partnership(s), inheritance(s), jewelry, clothing, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, Husband's PSERS retirement, Wife's PSERS retirement, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. Further, each party waives any and all past, present and/or future right, title, interest and/or claim he or she may make to said assets. The parties hereby agree that the following assets shall be divided in accordance with the terms as provided herein. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 31 West Maple Avenue, Shiremanstown, Cumberland County, Pennsylvania: 1. The parties are joint owners of the real property known as 31 West Maple Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011 - Parcel Number 48-23-0557-164 (referred to herein as the "marital residence" or "premise(s)") 2. The parties hereby acknowledge that the premise has been valued for purposes of equitable and distribution and further, agree that the following terms shall apply with regard to the marital residence. a. Upon execution hereof, Husband shall execute a transfer deed unto the premise from Husband and Wife to Wife. Wife shall be solely responsible for all costs associated with the premise including but not limited to all costs, expenses, mortgage payments if any, utilities, real estate taxes and, maintenance fees and repairs and shall further, indemnify and hold Husband harmless thereon in each and every regard. Wife shall also be responsible for the preparation and filing of the deed I have read and understand this page JSr' S ; DS? page 10 Scudder MSA including costs, fees and expenses associated therewith. b. Upon execution of this Agreement, Husband's counsel shall deliver the executed deed to Wife's counsel. C. Wife shall have exclusive possession of the marital residence. B. DISTRIBUTION AND WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: 1. Husband and Wife each have separate PSERS pensions. Each pension has been valued for purposes of equitable distribution. In consideration thereof, Husband shall pay to Wife the total lump sum cash payment of $125,000.00 as equitable distribution within thirty (30) days from execution hereof. Husband shall deliver the funds to his counsel who in turn shall deliver the sum unto Wife's counsel. In addition, the parties shall each separately execute a PSERS Waiver at the time of execution hereof and submit to PSERS within 48 hours of execution hereof. The parties acknowledge that said equitable distribution payment by Husband to Wife is to compensate Wife for the disparity in value between Husband's and Wife's pensions and is intended to be a tax free transaction. 2. Except as otherwise provided for herein and throughout, Husband and Wife do hereby acknowledge that they have divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, corporate interests, partnership(s), joint ventures, inheritance(s), jewelry, clothing, retirement accounts including PSERS, 4olk's, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. 3. Except as otherwise provided for herein and throughout, Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse unless otherwise so divided by way of this agreement shall remain that I have read and understand this page JS,_; DS_hS page 11 . Scudder MSA spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. 4. Automobiles: Husband and Wife agree that the vehicles in their respective physical possession shall remain the possession of the parry and each shall cooperate if necessary in executing any and all documents to reflect such ownership, including but not limited to titles, insurance documentation and registration forms. Specifically, Wife shall retain the 2ooo Honda Accord and Husband shall retain the 2007 Toyota. Both parties shall meet at a title transfer business location in order to execute the title transfer documents to the vehicles within 72 hours of execution hereof. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle in the possession of the other. If the title to any vehicle is encumbered by any debt or obligation, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or expense caused to either by their failure to make payment of such debt. C. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property in the other parry. I have read and understand this page JS -T5; DSDS page 12 Scudder MSA ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder, except for the equitable distribution payment due to Wife from Husband pursuant to 5(B)(1), page 11, of this Agreement. This payment is intended to be equitable distribution to Wife and therefore, a tax-free transaction. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto; the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 1 have read and understand this page JS?Qj_; DS 6S' page 13 Scudder MSA 7. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. C. Marital Debts: Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any of the foregoing debts, obligations, liability, act or omission of such party, for which either party has agreed to be solely liable, such parry will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other, any breach of any of the warranties made by Husband or Wife, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party. The Husband or Wife agrees to give the other prompt written notice I have read and understand this page JS,T?; DS b page 14 Scudder MSA of any litigation threatened or instituted against either party, which might constitute the basis for a claim for indemnity arising from the foregoing debts. D Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other parry is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such parry hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. I have read and understand this page JZr DS page 15 Scudder MSA 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. I have read and understand this page JS .,Z?L; DS, page 16 Scudder MSA 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 1 have read and understand this page JS !J? ; DS_,&5 page 17 Scudder MSA 11. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. REPRESENTATION: a. By the signing of this Agreement, Husband and Wife recognize that he and she fully understand the legal impact of this Agreement and waives his or her right to have the Agreement reviewed by an attorney of his or her choosing, and further intends to be legally bound by the terms of this Agreement. b. Each of the parties acknowledges. that he or she has read and understands the nature and importance of this Agreement, that each considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not desire to have or become possessed of any property of the other party or any interest therein which the other party now owns or hereafter may own, except as expressly provided for in this Agreement. I have read and understand this page JS ?a; DS_,&S page 18 Scudder MSA 13. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 14. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed between the parties, and/or may or have been executed prior to the date and time of this Agreement, are null and void and of no effect. 16. MODIFICATION AND WAIVER: Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. I have read and understand this page JS T DS_LS page 19 Scudder MSA 18. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 20. VOID CLAUSES: If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. 22. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. I have read and understand this page JS, DS b5 page 20 Scudder MSA IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: I have read and understand this page JS?; DS b page 21 De' re Scudder 1 1 Commonwealth of Pennsylvania Scudder MSA . ss. COUNTY OF On this, the _ day of 2010, before me, a Notary Public, personally appeared John Scudder, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PU C VA"A My Co ission Tres: Sy ,1r a A, HuINr. ceurMY pow* Ea»t 30,2013 I have read and understand this page .IS?:a; DS_S page 22 ' Scudder MSA Commonwealth of Pennsylvania : . ss. COUNTY OF Dauy?', n On this, the to* day of n t4u's 20io, before me, a Notary Public, personally appeared Deidre Scudder, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A?" 'k. NOTARY PUBLIC My Commission Expires: I IQ G I . COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHRISTINA L. KEIM, Notary Public City of Harrisburg, Dauphin County My Commission Expires May 1, 2012 I have read and understand this page .ISj$- ; DS 16S page 23 John Scudder Plaintiff Deidre Scudder Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 12, 2008, and service was obtained upon the defendant by defendant's Counsel, Catherine A Boyle, Esquire accepting service thereof on August 28, 2008. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: August 6 2010 by Defendant: August 6 2010 V. ., 4. Time Stamped date of Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: simultaneously with the filing hereof by Defendant: simultaneously with the filing hereof 5 Related claims pending: There are no related claims pending. ?' co ?v o Respectfully SubMi ted, q, ,Sh:? vu .?? oicrr IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-4837 Civil Term Jam9rA Miller, Esquire Y&LER LIPSITT LLC Attorney for Plaintiff 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 JOHN SCUDDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEIDRE SCUDDER, DEFENDANT NO. 08-4837 CIVIL TERM DIVORCE DECREE AND NOW, Gt a e W 0/0 it is ordered and decreed that JOHN SCUDDER , plaintiff, and DEIDRE SCUDDER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement entered into by the parties on Auqust 6 2010, shall be incorporated b reference but shall not be mer ed into this final Decree in Divorce. By the Court, Attest: J. rothonotary C) C?? . Cop mot le.?J g.?s . 1p ?-)04iCSL mQ:A12? -f-o "rt? Nl, I I ea- 4o Pr? to,?,