HomeMy WebLinkAbout08-6283W4
STEPHANIE M. HERFORD,
Plaintiff
V.
EDWARD HERFORD,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. pig - (0a$3 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
Where 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 at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St.
Carlisle, Pa. 17013
(717) 249-3166
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STEPHANIE M. HERFORD,
Plaintiff
V.
EDWARD HERFORD,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0 8 - ? a F-3 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I - DIVORCE
1. Plaintiff is Stephanie M. Herford, a competent adult individual, who resides at 224 B.
Street, Carlisle, Pa. 17013.
2. Defendant is Edward Herford, a competent adult individual, who resides at 118 Big
Spring Terrace, Newville Pa. 17241.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on October 28, 2006, in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties other
than as follows: A divorce was filed in Cumberland County on May 27, 2008, under docket
number 2008 - 3295; however, that action was withdrawn without prejudice on or about August
26, 2008.
6. Plaintiff has been advised that counseling is available and that plaintiff may have the
right to request that the court require the parties to participate in counseling.
7. Plaintiff and Defendant have no children together.
8. Plaintiff and Defendant are both citizens of the United States of America.
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9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
10. The Plaintiff avers that the grounds on which this action is based are:
(a) that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c);
WHEREFORE, Plaintiff requests the court to enter a Decree in divorce.
COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY
11. Paragraphs I - 10 are herein incorporated by reference.
12. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names of
each of the parties hereto.
13. Plaintiff and Defendant have been unable to agree as to an equitable division of said
property.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the
Defendant, to equitably divide the property, both real and personal, owned by the parties hereto
as marital property.
COUNT III - ALIMONY PENDENTE LITE
14. Paragraphs 1-13 are incorporated herein by reference.
15. Plaintiff lacks sufficient property to provide for her reasonable means and her needs
during the course of this litigation and is unable to support herself through appropriate
employment.
16. Plaintiff requires reasonable support to adequately maintain herself in accordance
with the standard of living established during marriage, and requires reasonable support to pay
for her legal fee and various expenses during the pendency of this action.
17. Defendant enjoys a substantial income and is well able to contribute to the support
and maintenance of Defendant during the course of this action.
WHEREFORE, the Defendant requests that this Honorable Court enter an award of
Alimony Pendente Lite until final hearing.
Date: r 0' ?. . 6
Respectfully sgbLnitted,
4e Adams, Esquire
L r No. 79465
1 W. South St.
9arlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn
falsification to authorities.
Date:
Stephanie M. Herford, Plaintif
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STEPHANIE M. HERFORD,
Plaintiff
V.
EDWARD HERFORD,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01"&a'P3 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR ALIMONY PENDENTE LITE
1. Petitioner, Stephanie M. Herford, is a competent adult individual, who resides at 224
B. St., Carlisle, Cumberland County, Pennsylvania, 17013.
2. Petitioner's date of birth is 12/18/73 and her social security number will be provided
to Domestic Relations separately.
3. Respondent, Edward Herford is a competent adult individual, whose address is 118
Big Spring Terrace, Newville, Cumberland County, Pennsylvania, 17241.
4. Respondent's date of birth is 3/23/63 and his social security number will be provided
to Domestic Relations separately.
5. A divorce complaint which contained claims for Divorce, Equitable Distribution, and
Alimony Pendente Lite was filed under the above-captioned docket number contemporaneously
with this petition.
WHEREFORE, Petition requests that the Court Order alimony pendente lite and schedule
a conference at Domestic Relations.
Respectfully submitted,
Date: (D 3 6
9
7 7 e Adams, Esquire
I. No. 79465
W. South St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PETITIONER
STEPHANIE M. HERFORD
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-6283 CIVIL
State Commonwealth of Pennsylvania @Original Order/Notice
Co./City/Dist. of CUMBERLAND OAmended Order/Notice
Date of Order/Notice 11/04/08 OTerminate Order/Notice
Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice
RE:HERFORD, EDWARD E.
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
220-88-9375
Employee/Obligor's Social Security Number
AHOLD FINANCIAL SERVICES 7952100043
1149 HARRISBURG PIKE Employee/Obligor's Case Identifier
CARLISLE PA 17013-1665
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current child support
$ o. oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no
$ o.oo per month in current medical support
$ o.00 per month in past-due medical support
$ 497.00 per month in current spousal support
$ 53.00 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 $ 55o . oo 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:
$ 126.92 per weekly pay period. $ 275.00 per semimonthly pay period
253.85 (twice a month)
$ per biweekly pay period (every two weeks) $ 550. 00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
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,0,/ - A)oV - S . ,
J. WESLEY OLER, JR.,
DRO: R.J. SHADDAY Form EN-028 Rev. 4
Service Type M OMB No.: 0970-0154 Worker ID $IATT
550• x
12• ,
52•-
12?°92*
V" 550• x
2.
2 5 A•SS x
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
diherent from the state that issued this order, a copy must be provic?ec to your emproyee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employeelobligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this 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. 9544100103
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME: HERFORD, EDWARD E.
EMPLOYEE'S CASE IDENTIFIER: 7952100043
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 employeefobligor'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
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 $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HERFORD, EDWARD E.
PACSES Case Number 784110432
Plaintiff Name
STEPHANIE M. HERFORD
Docket Attachment Amount
08-6283 CIVIL$ 550.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
- Child(ren)'s Name(s): DOB
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Addendum Form EN-028 Rev. 4
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
STEPHANIE M. HERFORD,
Plaintiff/Petitioner
VS.
EDWARD E. HERFORD,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 08-6283 CIVIL TERM
IN DIVORCE
PACSES Case No: 784110432
ORDER OF COURT
AND NOW, this 4th day of November 2008, based upon the Court's determination that the
Petitioner's monthly net income/earning capacity is $ 2,316.36 and the Respondent's monthly net
income/earning capacity is $ 3,415.5 1, it is hereby ordered that the Respondent pay to the
Pennsylvania State Collection and Disbursement Unit Five Hundred Fifty and 00/100 Dollars
($ 550.00) per month payable weekly as follows: $ 497.00 per month for Alimony Pendente Lite and
$ 53.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in
the amount of $ 126.92 weekly. The effective date of the order is October 1, 2008.
Arrears set at $ 994.00 as of November 4, 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: Stephanie M. Herford. 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.
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This Order considers the length of time the parties resided together from the date of marriage
to the date of the final separation. The obligation is to terminate on February 1, 2009 unless the
parties are divorced prior thereto.
The Petitioner shall continue to provide health insurance coverage for the benefit of the
Respondent and the Respondent's total portion of $57.56 is included in the APL amount.
The Respondent shall pay an additional sum of $53.00 per month until the obligation is
terminated and should there be a remaining balance owed to the Petitioner, the full monthly amount
of $550.00 is to remain in effect until the balance is paid in full.
This Order shall become final twenty (20) after the mailing of the notice of the entry of the
Order to the parties unless either party files a written demand with the Prothonotary for a hearing de
novo before the Court.
Consented:
Petitioner
Respondent
Petitioner's Attorney
Respondent's Attorney
Mailed copies on: NOV 0 6 2008
to: Petitioner
Respondent
Jane Adams, Esq.
Robert J. Dailey, Esq.
BY THE COURT,
DRO: R.J. Shadday
STEPHANIE, M. HERFORD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 6283 Civil Term
EDWARD HERFORD, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
REQUEST FOR A HEARING DE NOVO
TO THE PROTHONOTARY:
Plaintiff, Stephanie M. Herford, requests a hearing De Novo regarding her Alimony
Pendente Lite claim.
Date: CI 6 0/?g
Respectfully Submitted,
? ne Adams, Esquire
W. South St.
farlisle, Pa. 17013.
(717) 245-8508
ATTORNEY FOR PLAINTIFF
STEPHANIE M. HERFORD
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
STEPHANIE M. HERFORD
Plaintiff
VS.
EDWARD E. HERFORD
Defendant
Docket Number
}
PACSES Case Number
)
Other State ID Number
ORDER OF COURT
You, STEPHANIE M. HERFORD
224 B ST, CARLISLE, PA. 17013-1823-24
are ordered to appear at DOMESTIC RELATIONS HEARING RM
08-6283 CIVIL
784110432
plaintiff/defendant of
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
JANUARY 14, 2009
at 8: 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
HERFORD V. HERFORD PACSES Case Number: 784110432
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: a ?? Z 2 001
Oler, Jr., Judge ` L 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.
Service Type M Worker ID 21302
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
STEPHANIE M. HERFORD ) Docket Number 08-6283 CIVIL
Plaintiff )
vs. ) PACSES Case Number 784110432
EDWARD E. HERFORD )
Defendant ) Other State ID Number
ORDER OF COURT
You,
EDWARD E. HERFORD
plaintiff/defendant of
118 BIG SPRING TER, NEWVILLE, PA. 17241-9111-18
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
JANUARY 14, 2009
at 8: 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
../ -_
HERFORD
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: f U Z _ oo? p`
JUDGE
J. esley Oler, Jr., 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. HERFORD
CUMBERLAND CO BAR ASSOCIATION
32 S BEDFORD ST
CARLISLE PA 17013-3302-32
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
PACSES Case Number: 784110432
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225 . All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type M
Page 2 of 2
Form CM-509 Rev.
Worker ID 21302
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOIHrST.I.C RELATIONS SECTION
STEPHANIE M. HERFORD,
Plaintiff
V.
EDWARD E. HERFORD,
Deflendant
} Docket Number 08 - 6283 Civil
} PACSES Case Number 7541104312
)
Other State ID Number
STIPUL,ATIONRF.GAR01NG SUPPORT
AND NOW, the ?7J Day ol'January , 2009, based upon the parties
agreement, it is hereby stipulated as lollows:
1. As of January 1, 2009. Defendant shall pay to the Pennsylvania State Collection and
Disbursement Unit the amount of
FOUR 1 R)NURL'D FORTY ($440.00) DOLLARS AND NO CENTS
($440.00) a month, payable: weekly as follows: $440.00 a month liar Alimony Pendente Lite and
$0.00 un an-ears.
2. Through December 31, 2005, the prier Order of November 4, 2008 shall remain in
effect. This stipulation shall take affect January 1, 2009. The obligation shall terminate
January 31, 2009.
3. Should there be arrears remaining; owed to the Petitioner after February 1, 2009, the
Defendant shall pay $50.00 per week on the arrears until paid in full.
Consented:
C)atc: ` I ? ? 9
Robert
, Attmiltey for Defendant
CC_ 313
200/200'd 91:01 (3ni)6002-El-Nur
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In the Court of Common pleas of
CUMBERLAND
13 N. DOMESTIC RELATIONS SECTION
HANOVER Sr' P.O. BOX 320, CARLISLE, PA. 17013
Plaintiff me
STEPHANIE M. HERFORD
financial Break Down of Multi le C
aces on A chment
PACSES Docket
Case Number Number
784110432 08-6283 CIVIL
County, Pennsylvania
Attachment Amount/Fre uenc
550.00 /MONTH
/
TOTAL ATTACHMENT AMOUNT. $
550.00
Now, by Order of this Court, the Department Compensation Benefits (OUCB), is hereby directed o attach h
Per week, or 5 0 % the anseIr f $ 20f 5ce of Unemployment
, of the Unemployment 8
EDWARD E. HERFORD Compensation benefits otherwise payable to the Defendant,
Member ID Number 7952100043 Social ???' Number XXX-XX- 9375
Public Welfare • OUCB is ordered to remit the amount attached to the Departme (DPW) . DPW shall forward the
nt of
of this Court for support and/or amount received from OUCB to the Domestic Rela ns section
support ariearages.
If the Defendant's Unemployment Com
support and/or Pee benefits are attached by another Court or Courts for
support ari'earages, DPW may reduce ce the amount attached under this order so
amount attached does not exceed the maximum amount subject to that the total
(b)(2) and 23 Pa. C.S.A. § 4348 (g), garnishment Pursuant to 15 U.S.C. § 1673
This order shall be effective upon receipt of the notice of the s
effect until the Defendant's entitlement to Order by the OUCB and
Unemployment
Benefits dated Compensation benefits, under the Application for
is exhausted, expired or deferred.
OUCB shall comply with this order,
All questions, challenges or obligations to this Order
it is amended or vacated by subsequent order of this Court.
Court. shall be directed to the Domestic Relations Section of this
BY THE COURT
Date Of Order:
?- o a
DRO: R.J. SHADDAY
Service Type M
Worker ID $ IATT
Defendant Name: EDWARD E. HERFORD
Member ID Number: 7952100043
Please note: All correspondence must include the Member M x,....?_
Form EN-530 Rev.2
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STEPHANIE M. HERFORD, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. : DOMESTIC RELATIONS SECTION
EDWARD E. HERFORD, PACSES NO. 784110432
Defendant/Respondent DOCKET NO. 08-6283 CIVIL
ORDER OF COURT
AND NOW, this _eday of January, 2009, this matter having been
scheduled for a hearing de novo before the Support Master on the
Plaintiff/Petitioner's claim for 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. The interim order entered November 4, 2008 is affirmed as a final
order.
2. Said order is modified effective January 1, 2009 such that the
Defendant/Respondent shall pay the sum of $440.00 per month as
alimony pendente lite with said order terminating January 31, 2009.
3. Commencing February 1, 2009 the Defendant shall pay to the
Pennsylvania State Collection and Disbursement Unit the sum of
$215.00 per month on arrearages until paid in full.
By the Court, ?r
J. esley Oler, , J.
Cc: Stephanie M. Herford
Edward E. Herford
Jane Adams, Esquire
For the Plaintiff/Petitioner
Robert J. Dailey, Esquire
For the Defendant/Respondent
DRO
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
STEPHANIE M
V.
HERFORD,
Plaintiff
EDWARD E. HERFORD,
Defendant
Docket Number 08 - 6283 Civil
PACSES Case Number 784110432
Other State ID Number
STIPULATION REGARDING SUPPORT
AND NOW, the 17) Day of January, 2009, based upon the parties
agreement, it is hereby stipulated as follows:
1. As of January 1, 2009, Defendant shall pay to the Pennsylvania State Collection and
Disbursement Unit the amount of
FOUR HUNDRED FORTY ($440.00) DOLLARS AND NO CENTS
($440.00) a month, payable weekly as follows: $440.00 a month for Alimony Pendente Lite and
$0.00 on arrears.
2. Through December 31, 2008, the prior Order of November 4, 2008 shall remain in
effect. This stipulation shall take effect January 1, 2009. The obligation shall terminate
January 31, 2009.
3. Should there be arrears remaining owed to the Petitioner after February 1, 2009, the
Defendant shall pay $50.00 per week on the arrears until paid in full.
Consented:
Date: 0V
Robert
, Attofpey for Defendant
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ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT 08-6283 CIVIL
State Commonwealth of Pen=lvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 01/15/09
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
O Original Order/Notice
@Amended order/Notice
OTerminate Order/Notice
QOne-Time Lump Sum/Notice
RE:HERFORD, EDWARD E.
Employee/Obligor's Name (Last, First, MI)
220-88-9375
Employee/Obligor's Social Security Number
AHOLD FINANCIAL SERVICES 7952100043
1149 HARRISBURG PIKE Employee/Obligor's Case Identifier
CARLISLE PA 17013-1665 (See Addendrrnforplaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current child support
$ o.-00 per month in past-due child support Arrears 12 weeks or greater? Oyes ® no
$ 0.00 per month in current medical support
$ 0.00 per month in past-due medical support
$ 440.00 per month in current spousal support
$ 0.2o per month in past-due spousal support
$ 0 . oo per month for genetic test costs
$ o . oo per month in other (specify)
$ one-time lump sum payment
for a total of $ 440.00 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:
$ 101.54 per weekly pay period. $ 220.00 per semimonthly pay period
(twice a month)
$ 203.08 per biweekly pay period (every two weeks) $ 440.00 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,
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFE ANT
above as the Employee/Obligor's Case Identifier) 7n, /AL S
DO NOT SEND CASH BY MAIL.
BY THE COURT: l DR
O: R.J. Shadday
Harrisburg, Pa 17106-9112
S NAME AND THE PACSES MEMBER ID (shown
CURITY NUMBER IN ORDER TO BE PROCESSED.
12n _ k'1 , &-o a/1
JUdg-- -??-
Form EN-028 Rev. 4
Worker ID $ IATT
Oler, Jr.,
Service Type M V OMB No.: 0970-0154
b. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
I heck you are required top i41e a opy of this form to your mployee. If yoYr employeev?orks in a state thais
?ierentrom the state that lssuet?lls orS
er, a copy must be prove ed to your emp oyee even if the box is not chec ed.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employeetobligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employeelobligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employeelobligor and you are unable to honor all support OrderMotices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employeetobligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 9544100103
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: E3
EMPLOYEE'S/OBLIGOR'S NAME: HERFORD, EDWARD E.
EMPLOYEE'S CASE IDENTIFIER: 7952100043 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT-
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee(obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50%, of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by intemet www.childsupport.state.pa.us
Page 2 of 2
Service Type M OMB No.: 0970-0154
Form EN-028 Rev. 4
Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HERFORD, EDWARD E.
PACSES Case Number 784110432 PACSES Case Number
Plaintiff Name Plaintiff Name
STEPHANIE M. HERFORD
Docket Attachment Amount Docket Attachment Amount
08-6283 CIVIL$ 440.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
Addendum
Service Type M OMB No.: 0970-01 s4
Form EN-028 Rev. 4
Worker I D $ IATT
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: EDWARD E. HERFORD
Member ID Number: 7952100043
Please note: All correspondence must include the Member ID Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
PACSES Docket Attachment Amount/Freauencv
Plaintiff Name Case e Num Number Number
STEPHANIE M. HERFORD 784110432 08-6283 CIVIL $ 440.00 MONTH
/
TOTAL ATTACHMENT AMOUNT: $ 440.00
Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $101.2 6
per week, or 5 0.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
EDWARD E. HERFORD Social Security Number XXX-XX-9375 , Member
ID Number 7952100043 . OUCB is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23
Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated JANUARY 4, 2 0 0 9 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
Date of Order: 1 D
DRO: R.J. SHADDAY
Service Type M
Form EN-034 Rev.2
Worker ID $ IATT
BY THE COURT
;_
'z Lu
C-
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-6283 CIVIL
State Commonwealth of Pennsylvania OOriginal Order/Notice
Co./City/Dist. of CUMBERLAND OAmended Order/Notice
Date of Order/Notice 01/27/09 (2) Q Terminate Order/Notice
Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice
RE:HERFORD, EDWARD E.
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
220-88-9375
Employee/Obligor's Social Security Number
AHOLD FINANCIAL SERVICES 7952100043
1149 HARRISBURG PIKE Employee/Obligor's Case Identifier
CARLISLE PA 17013-1665 (See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ o. oo per month in current child support
$ o . oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no
$ 0.00 per month in current medical support
$ o. 00 per month in past-due medical support
$ o. oo per month in current spousal support
$ o . o o per month in past-due spousal support
$ o . oo per month for genetic test costs
$ o . oo per month in other (specify)
$ one-time lump sum payment
for a total of $ o. 0o 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) $ o . 00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. BY THE COURT: .1 ?l? , Z Z o • g
VIVO, J. Wesley Oler, Jr., Judge
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
Ake' ecke? you are required, to pr vide lea 0 of this form to your mployee. If your employee vl?orks in g state thaV
rent from the state that issued this ordcer, a copy must be provis to your employee even if t e 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 must, however, separately identify the portion of the single payment that is attributable to each
employeelobligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 9544100103
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME: HERFORD, EDWARD E.
EMPLOYEE'S CASE IDENTIFIER: 7952100043 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT-
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment,
refusing to employ, or taking disciplinary action against any 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: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (717) 240-6248 or
CARLISLE PA 17013
by Internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev. 4
Service Type M OMS No.: 0970-0154 Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HERFORD, EDWARD E.
PACSES Case Number 784110432 PACKS Case Number
Plaintiff Name Plaintiff Name
STEPHANIE M. HERFORD
Docket Attachment Amount Docket Attachment Amount
08-6283 CIVIL$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
Service Type M
Addendum
OMB No.: 0970-0154
Form EN-028 Rev. 4
Worker ID $ IATT
t_k7
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,.
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: EDWARD E. HERFORD
Member ID Number: 7952100043
Please note: All correspondence must include the Member ID Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
PACSES
Number Docket Attachment Amount/Freauencv
Plaintiff Name Case Number Number
STEPHANIE M. HERFORD 784110432 08-6283 CIVIL $ 215.00 MONTH
/
/
/
TOTAL ATTACHMENT AMOUNT: $ 215.00
Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 4 9.4 8
per week, or 55 . o %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
EDWARD E. HERFORD Social Security Number XXX-XX-93 75 , Member
ID Number 7952100043 . OUCB is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23
Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated JANUARY 4, 2 0 0 9 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order:
J.
[?L
JUDGE
Farm EN-034 Rev.2
Service Type M Worker ID $ IATT
lw?
:.C)F
.,4
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: EDWARD E. HERFORD
Member ID Number: 7952100043
Please note: All correspondence must include the Member ID Number.
ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
BY THE COURT
Plaintiff Name
STEPHANIE M. HERFORD
PACSES Docket
Case Number Number
784110432 08-6283 CIVIL
Attachment Amount/Freauenc
$ 215.00 MONTH
/
/
TOTAL ATTACHMENT AMOUNT: $ 215.00
The prior Order of this Court directing the Department of Labor and Industry, Office of
Unemployment Compensation Benefits (OUCB), to attach $ 49.47
or 50 % per week of the Unemployment Compensation benefits of
EDWARD E. HERFORD
,Social Security Number XXX-XX-9375
Member ID Number 79523.00043 is hereby vacated.
This Order to Vacate shall be effective upon receipt of the notice of the Order by the
Department and shall remain in effect until a further Order of the Court is filed.
Date of Order: A 11
6fl7
DRO: R.J. SHADDAY
Service Type M
JUDGE
' Form EN-035 Rev.2
Worker ID $ IATT
OTMY
2999 APR 22 Fit 3: 02
C;Jt? ?tt.,'N I
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p U a0
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
EDWARD E. HERFORD
AND
STEPHANIE M. HERFORD
Robert J. Dailey, Esquire
GERBER & ASSOCIATES
46 East Main Street
Palmyra, PA 17078
(717) 838-5411
Attorney for Edward E. Herford
Jane E. Adams, Esquire
17 West South Street
Carlisle, PA 17013
(717) 245-8508
Attorney for Stephanie M. H rford
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of 2009
by and between Edward E. Herford and Stephanie M. Herford;
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
October 28, 2006 in Cumberland County, Pennsylvania;
WHEREAS, the parties are not the parents to any children of the marriage;
WHEREAS, differences have arisen between the parties and they have resolved that the
marriage is irretrievably broken and that it is not possible to continue the martial relationship for
reasons known to them;
WHEREAS, Wife filed a divorce complaint in the Cumberland County Court of Common
Pleas to Docket No. 2008-6283 on October 23, 2008;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property, the
support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates, as well as the support and
maintenance of the parties' child and the custody rights attendant thereto; and
WHEREAS, the parties declare that each has had a full and fair opportunity to obtain
independent legal advice of counsel and Husband has been independently represented by ;Robert J.
Dailey, Esquire of GERBER & ASSOCIATES and Wife has been independently repre 'ented by
Jane E. Adams, Esquire.
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i
NOW THEREFORE, in consideration of these premises, and of the mutual) promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, H?sband and
Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. PERSONAL RIGHTS. Husband and Wife may, at all times herelafter, live
separate and apart. Each shall be free from all control, restraint, interference and authorit?, direct or
indirect by the other. Each may reside at such place or places as he or she may select. Each may,
for his or her separate use or benefit, conduct, carry on or engage in any business, occupation,
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or
dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with
the use. ownership, enjoyment or disposition of any property now owned by or hereafter acquired
by the other.
2. ADVICE OF COUNSEL. Each party acknowledges that he or she hajs had the
opportunity to receive independent legal advice frorn counsel of his or her selection. Husband has
secured legal advice from Robert J. Dailey, Esquire, of GERBER & ASSOCIATES, his counsel,
and Wife has secured legal advice from Jane E. Adams, Esquire, her counsel. Each party fully
understands the facts and his or her legal rights and obligations, and each party acknowledges and
accepts that this Agreement is, in the circumstances, fair and equitable, and that it is bein entered
into freely and voluntarily, and that the execution of this Agreement is not the result of any )duress or
undue influence, and that it is not the result of any improper or illegal agreement or agreements.
3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges at he or
she is aware of his or her right to seek discovery including, but not limited to written
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interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories and all other means ofdiscovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has
had the opportunity to discuss with independent legal counsel the concept of marital property under
Pennsylvania law and each is aware of his or her right to have the real and/or personal property,
estate and assets, earnings and income of the other assessed or evaluated by the co rts of this
Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge
that there has been full and fair disclosure to the other of his or her respective income, assets and
liabilities, whether such are held jointly, in the name of one party alone or in the name of'one of the
parties and another individual or individuals. Each party agrees that any right to further disclosure,
valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically
waived, and the parties do not wish to make or append hereto any further enumeration or Ilstatement.
Specifically, each party waives the need for copies of bank statements, insurance policies,
retirement plan statements or any other documentation. Each party warrants that he or she is not
aware of any marital asset which is not identified in this Agreement. The parties hereby
acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable
and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees
for himself and herself and his or her heirs, executors, administrators or assigns, that he olt she will
never at any time hereafter sue the other party or his or her heirs, executors, administrators or
assigns in any action of contention, direct or indirect, and allege therein that there was aldenial of
any rights to full disclosure, or that there was any fraud, duress, undue influence or that th?re was a
failure to have available full, proper and independent representation by legal counsel.
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4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, andl the parties
agree, that by this Agreement they have resolved all ancillary economic issues related to the
dissolution of their marriage and thus any divorce action with respect to these parties shall be
limited to a claim for divorce only. Wife has filed a Divorce Complaint in the Court o?Common
Pleas, Cumberland County, Pennsylvania. The parties agree that, at the end of the statutory waiting
period, they will each execute an Affidavit of Consent and Waiver of Notice of Intention io Request
Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a
timely fashion.
5. EQUITABLE DISTRIBUTION.
A. Real Estate. The parties jointly own no real estate.
B. Furnishings and Personalty. Wife shall ship to Husband all sentimental
personal property owned by Husband in her possession. Prior to shipment, Husband 'shall pay
costs of shipping by way of paying down a BELCO personal loan that is in both of their names
but which Wite is agreeing to pay hereinafter. In addition, Husband shall not preclude 1 ife from
picking up the gas grill that he left at the trailer which is now owned by the bank. The parties
agree that they have, by agreement, divided all remaining furnishings and personalty located in
the property, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household
appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of
all furnishings and personalty currently in his possession, free and clear of any right, title, claim
and/or interest of Wife and Wife shall retain sole and exclusive ownership of all furnishings and
personalty currently in her possession, free and clear of any right, title, claim and/or i
Husband.
of
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C. Motor Vehicles. The parties agree that they have, by agreement, divided
all motor vehicles. Accordingly, Husband shall retain sole and exclusive ownership of the 2007
Jeep Wrangler currently in his possession, free and clear of any right, title, claim and or interest
of Wife and Wife shall retain sole and exclusive ownership of the 2002 Jeep Liberty cIl rrently in
her possession, free and clear of any right, title, claim and/or interest of Husband.
D. Life Insurance. To the extent that either party has life insuranc? policies,
simultaneous with the execution of this Agreement those policies shall become the sole and
separate property of the individual owning the policy. The parties adopt 20 Pa.C.S.A. 6111.2
to govern their policies held in favor of each other, regardless of where each individual (party
i
resides at the time of his or her death. Nothing in this Agreement shall prevent or preclude either
party from designating beneficiaries under or encumbering their respective life insurance
i
policies. i
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E. Pension and Retirement Benefits. Husband shall keep and etain any
and all pension and retirement benefits currently titled in his name and Wife shall keep nd retain
any and all pension and retirement benefits in her name. Each party hereby rel?ases and
relinquishes any and all rights, title and interest in or to any benefits of the other party. I,
F. Bank Accounts. The parties have effectuated an equitable division of
their joint accounts. Husband shall keep and retain any and all accounts titled in his ame and
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Wife shall keep and retain any and all accounts titled in her name. Each party hereby releases
and relinquishes any and all rights, title and interest in or to any accounts of the other party.
G. Miscellaneous Pror)erty. As of the execution date of this Agree ent, any
and all property not specifically addressed herein shall be owned by the party to hom the
property is titled; and if untitled, the party in possession. This Agreement shall co stitute a
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sufficient bill of sale to evidence the transfer of any and all rights in such property fr bm each to
the other.
H. Property to Wife. The parties agree that Wife shall own, p ssess, and
enjoy, free from any claim of Husband, the property awarded to her by the ter s of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such pr perty, and
waives and relinquishes any and all rights thereto, together with any insurance polici s covering
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that property, and any escrow accounts relating to that property. This Agreement shall' constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife.
1. Property to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the te?ms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policie? covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property om Wife
to Husband.
I Marital Debt. Husband shall pay all debt titled in his name, incl
American Express credit card and Wife shall pay all debts titled in her name. The on
debt on which the parties are jointly liable is a BELCO personal loan. Wife agrees to as
BELCO personal loan and promises to indemnify and hold harmless Husband on any
currently or hereafter owed, regardless of the legal nature of the debt. Husband agre
down this BELCO personal loan with a one-time payment of $450.00 within sixty (6(
uding the
y marital
sume this
amounts
s to pay
days of
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execution of this agreement. In addition to that amount, as stated above, Husband will further
pay down that loan in an amount equal to the shipping costs of his sentimental personal property.
In the event that either party contracted or incurred any debts since he date of
separation other than the debt listed above, the party who incurred the debt an benefited
therefrom shall be responsible for the payment thereof, regardless of the name in whi h the debt
may have been incurred. Each party agrees to indemnify and hold each other harmles from any
and all debts, obligations and liabilities in each parties name alone.
K. Liability not Listed. Each party represents and warrants to th other that
he or she has not incurred any debt, obligation or other liability, other than those descr bed in this
Agreement, on which the other party is or may be liable. A liability not disclo ed in this
Agreement will be the sole responsibility of the party who has incurred or may hereaft r incur it,
and such party agrees to pay it as the same shall become due, and to indemnify an hold the
other party and his or her property harmless from any and all debts, obligations and lia ilities.
L. Indemnification of Wife. If any claim, action or proceeding i hereafter
initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this
Agreement, Husband will, at his sole expense, defend Wife against any such claim,) action or
proceeding, whether or not well-founded, and indemnify her and her property ,
damages or loss resulting therefrom, including, but not limited to, costs of court
attorney's fees incurred by Wife in connection therewith.
M. Indemnification of Husband. If any claim, action or pri
hereafter initiated seeking to hold Husband liable for the debts or obligations assum
under this Agreement, Wife will, at her sole expense, defend Husband against any
action or proceeding, whether or not well-founded, and indemnify him and his prop
st any
actual
eding is
by Wife
h claim,
1 against
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any damages or loss resulting therefrom, including, but not limited to costs of court' and actual
attorney's fees incurred by Husband in connection therewith.
N. Warranty as to Future Obheations. Husband and Wife each represents
and warrants to the other that he or she will not at any time in the future incur or c ntract any
debt, charge or liability for which the other, the other's legal representatives, prope or estate
may be responsible. From the date of execution of this Agreement, each party sha I use only
those credit cards and accounts for which that party is individually liable and the parti s agree to
cooperate in closing any remaining accounts which provide for joint liability. Each p rty hereby
agrees to indemnify, save and hold the other and his or her property harmless from an liability,
loss, cost or expense whatsoever, including actual attorneys fees, incurred in the even of breach
hereof.
6. JURISDICTION. The Court of Common Pleas of Cumberland County,
Pennsylvania will retain jurisdiction in order to implement the terms and conditio s of this
equitable distribution paragraph should there be any dispute between the parties reg rding the
final distribution.
7. INCOME TAX. The parties have heretofore filed joint federal an
returns. Both parties agree that, in the event any deficiency in federal, state or local
is proposed or any assessment of any such tax is made against either of them,
indemnify and hold harmless the other from and against any loss or liability for ar
state tax
,come tax
?ach will
such tax
deficiency or assessment and any interest, penalty and expense incurred in connection t erewith.
Such tax, interest, penalty or expense shall be paid solely and entirely by the individu 1 who is
finally determined to be the cause of the misrepresentations or failures to disclose the n?ture and
extent of his or her separate income on the aforesaid joint returns.
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8. SUPPORT.
A. Alimony, Alimony pendente lite, Support. Husband and Wife hereby
expressly waive, discharge and release any and all rights and claims which he or sh may have
now or hereafter by reason of the parties' marriage to alimony, alimony pendente l te, spousal
support and/or maintenance or other like benefits resulting from the parties' status s husband
and wife. The parties further release and waive any rights they may have to seek mod fcation of
the terms of this paragraph in a court of law or equity, it being understood that th foregoing
constitutes a final determination for all time of either party's obligation to contri ute to the
support and maintenance of the other.
B. Child Support. The parties have no children to this marriage.
9. CUSTODY. The parties have no children to this marriage.
10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise s ecifically
provided in this Agreement, as of the execution date of this Agreement, Husband and ife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties wives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed gen rally and
shall include, but not be limited to, a waiver of all rights provided under then laws of
Pennsylvania, or any other jurisdiction.
11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise s cifically
set forth in this Agreement, each party hereto specifically waives any and all benefici ry rights
and any and all rights as a surviving spouse in and to any asset, benefit or like progra carrying
a beneficiary designation which belongs to the other party under the terms of this A reement,
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including, but not limited to, pensions and retirement plans of any sort or nature, deferred
compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay
checks or any other post-death distribution scheme, and each party expressly states t at it is his
and her intention to revoke by the terms of this Agreement any beneficiary designati ns naming
the other which are in effect as of the date of execution of this Agreement. If and in th event the
other party continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
12. RELEASE OF CLAIMS.
A. Wife and Husband acknowledge and agree that the property d spositions
provided for herein constitute an equitable distribution of their assets and liabilities p rsuant to
§3502 of the Divorce Code, and Wife and Husband hereby waive any right to divisi n of their
property except as provided for in this Agreement. Furthermore, except as otherwis provided
for in this Agreement, each of the parties hereby specifically waives, releases, reno nces and
forever abandons any claim, right, title or interest whatsoever he or she may have i property
transferred to the other party pursuant to this Agreement or identified in this Agr ement as
belonging to the other party, and each party agrees never to assert any claim to said p operty or
proceeds in the future. The parties have divided between them to their mutual sa isfaction,
personal effects, household goods and furnishings and all other articles of personal prope y which
have heretofore been used in common by them, and neither party will make any claim to any such
items which are now in the possession or under the control of the other. Should i become
necessary, each party agrees to sign any title or documents necessary to give effe t to this
paragraph, upon request. However; neither party is released or discharged from any bligation
under this Agreement or any instrument or document executed pursuant to this A reement.
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Husband and Wife shall hereafter own and enjoy independently of any claim or r?ght of the
i
other, all items of personal property, tangible or intangible, acquired by him or hey- from the
execution date of this Agreement with full power in him or her to dispose of the same fully and
effectively for all purposes.
B. Each party hereby absolutely and unconditionally releases a d forever
discharges the other and the estate of the other for all purposes from any and all ights and
obligations which either party may have or at any time hereafter has for past, presen or future
support or maintenance, alimony pendente lice, alimony, equitable distribution, co nsel fees,
costs, expenses, and any other right or obligation, economic or otherwise, whether ari ing out of
the marital relationship or otherwise, including all rights and benefits under the Pe nsylvania
Divorce Code of 1980, its supplements and amendments, as well as under any other I w of any
other jurisdiction, except and only except all rights and obligations arising under this greement
or for the breach of any of its provisions. Neither party shall have any obligation to th other not
expressly set forth herein.
C. Except as set forth in this Agreement, each party hereby absol tely and
unconditionally releases and forever discharges the other and his or her heirs, xecutors,
administrators, assigns, property and estate from any and all rights, clairns, de ands or
obligations arising out of or by virtue of the marital relationship of the parties whe her now
existing or hereafter arising. The above release shall be effective regardless of whe her such
claims arise out of any former or future acts, contracts, engagements or liabilities of th other or
by way of dower, curtsey, widow's or widower's rights, family exemption or similar al owance,
or under the intestate laws or the right to take against the spouse's will, or the right o treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving s ouse to
11
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory of the United States, or any other country.
D. Except for the obligations of the parties contained in this Agreement and
such rights as are expressly reserved herein, each party gives to the other by the execu ion of this
Agreement an absolute and unconditional release and discharge from all causes ofacti n, claims,
rights or demands whatsoever in law or in equity, which either party ever had or now as against
the other.
13. ATTORNEY'S FEES. Each party shall be responsible for his or her counsel
fees, costs and expenses, if any. Each of the parties hereby waives the right to receive counsel
fees from the other.
14. BANKRUPTCY. Each party agrees that the provisions of this Agreement shall
not be dischagableable in bankruptcy and expressly agreement to reaffirm any and all obligations
contained herein as to the other party and indemnify and hold the other party harmless on all
obligations of that party.
15. PRESERVATION OF RECORDS. Each party will keep and pr
period of four (4) years from the date of their divorce decree all financial records re
marital estate, and each party will allow the other party access to those records in the
audits.
16. MODIFICATION. No modification, rescission, or amendment
Agreement shall be effective unless in writing signed by each of the parties hereto.
17. SEVERABILITY. If any provision of this Agreement is held by a
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions he
;rve for a
ing to the
ent of tax
to this
court of
•eof shat l
12
nevertheless survive and continue in full force and effect without being impaired or invalidated
in any way.
18. BREACH. If either party hereto breaches any provision hereof, the ?ther party
shall have the right, at his or her election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him or her. The non-breaching party shall be entitled to
recover from the breaching party all costs, expenses and legal fees actually incu red in the
enforcement of the rights of the non-breaching party.
19. WAIVER OF BREACH. The waiver by one party of any brea h of this
Agreement by the other party will not be deemed a waiver of any other breach or an provision
of this Agreement.
20. NOTICE. Any notice to be given under this Agreement by either p rty to the
other shall be in writing and may be effected by registered or certified mail, return receipt
requested.
21. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as oft the date of
execution of this Agreement.
22. DATE OF EXECUTION. The "date of execution" or "execution dat " of this
Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agree ent was
signed by the last party to execute this Agreement.
23. EFFECTIVE DATE. This Agreement shall become effective and binding upon
both parties on the execution date.
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r r
•
10
24.
This
Agreement shall remain in full force and effect and shall not be abrogated even if the parties
effect a reconciliation, cohabit as husband and wife or attempt to effect a reconcile tion. This
Agreement also shall continue in full force and effect in the event of the parties' div rce. There
shall be no modification or waiver of any of the terms hereof unless the parties in writ r execute
a statement declaring this Agreement or any term of this Agreement to be null and voi .
25. HEADINGS NOT PART OF AGREEMENT. Any headings precedi g the text
of the several paragraphs and subparagraphs hereof are inserted solely for conv nience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
26. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agree ent shall
bind the parties hereto and their respective heirs, executors,. administrators, legal repres ntatives,
assigns, and successors in any interest of the parties.
27. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully
read this Agreement; that he or she has discussed its provisions with an attorney of is or her
own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that
this instrument expresses the entire agreement between the parties concerning the subjects it
purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against ither of
the parties.
28. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver
to the other any deeds, bills of sale, assignments, consents to change of beneficiary desig ations,
tax returns, and other documents, and shall do or cause to be done every other act or thi g that
14
a
may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If
either party unreasonably fails on demand to comply with these provisions, that party shall pay to
the other party all attorney's fees, costs, and other expenses actually incurred as a re ult of such
failure.
29. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated
into a decree of divorce for purposes of enforcement only, but otherwise shall not be i erged into
said decree. The parties shall have the right to enforce this Agreement under the Div rce Code
of 1980, as amended, and in addition, shall retain any remedies in law or in equity nder this
Agreement as an independent contract. Such remedies in law or equity are speci cally not
waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments. ?.?
Witness Edward E. Herford
M. He f d
15
k
FlLCG?:`?Y`CF -a
OF THE F; 7'r 1TA'?Y
20091" I I Ail 10, 10
CL's
STEPHANIE M. HERFORD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYI V"NIA
V. : NO. 08 - 6283 Civil Term
EDWARD HERFORD, : 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
2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of inte
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I also unde
false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to
falsification to authorities.
Date: 61qldg tephanie M. Herford,
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 43301(c) AND $3301(d) OF THE DIVORCE CODE
1. I consent to entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property,
expenses if I do not claim them before a divorce is granted.
1 1 understand that I will not be divorced until a divorce decree is entered by the
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
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswo
to authorities.
Date: ?Itl g M
? I phanie M. Herford Plaintiff
;tober 23,
ive elapsed
n to request
ind that
s fees or
rt and that
at false
falsification
FILED- Y- tCE
OF THE" F?'?1;- n1,aC?TARY
2009 JUN I I AM EQ= 10
CUM,B] ?idTY
STEPHANIE M. HERFORD,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVFANIA
NO. 08 - 6283 Civil Term
EDWARD HERFORD, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
2008.
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I also undo
false statements herein are made subject to the penalties of ;]TQ1 g to
falsification to authorities.
Date: "
Edward Herford, Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 63301(c) AND 63301(d) OF THE DIVORCE CODE
1. 1 consent to entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property,
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
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
ctober 23,
sve elapsed
m to request
and that
sworn
2"::70
fees or
rt and that
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 unswo n falsification
to authorities.
Date: X co
Edward Herford, Defendant
FIND-OFFICE
OF THE PROT _! NOTARY
2009 JUN I I AV, 10. 10
Ctl : ;N Y
STEPHANIE M. HERFORD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
[,1B-L?t83
V. : NO. N -628 Civil Term
EDWARD HERFORD, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
To the Prothonotary:
Notice is hereby given that the Plaintiff in the above matter:
X prior to the entry of a Final Decree in divorce.
OR after the entry of a Final Decree in Divorce
hereby elects to resume the prior surname of AYERS avowing her intentioi
the provisions of 54 P.S. §704.
Date:
ephanie M. He ord,
Prior Name
v
ephanie M. Ayers,
Signature of Name being resumed.
pursuant to
COMMONWEALTH OF PENNSYLVANIA )
):ss
COUNTY OF CUMBERL ND )
On this, the 56 day of 2009 before me, the undersigned off cer,
personally appeared STEPHANIE M.IHERFORD/STEPHANIE M. AYERS personally know to me, (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, nd
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto C hand an fficia ea
..?....
NOTARIAL SEAL N y Public
JANE ADAMS
Nota-, public commission expires:
[CARLISLE 8080., ' MBERLAND COUNTY
My Commission i ,wires Sep 6, 2012
OF Fli?(}?uFi?tG?
-HE PROT! "NOTARY
2009 JUN AM 10: I I
C?1t ,,+, ii-e
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STEPHANIE M. HERFORD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 6283 Civil Term
EDWARD HERFORD, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this July 7, 2009, I, Jane Adams, Esquire, hereby certify that
on or about October 31, 2008, a certified true copy of the NOTICE TO DEFEND AND
DIVORCE COMPLAINT was served upon the Defendant, via certified mail, restricted
delivery, return receipt requested at the following address:
Edward Herford
118 Big Spring Terrace • Complete Items 1, 2 and 3. Also complete
Newville, pa. 17241 item 4 If Restricted Delivery Is desired. I
DEFENDANT n Print your name and address on the reverse ??
so that we can return the card to you. B. by e
¦ Attach this card to the back of the mallpiece,
or on the front If space permits.
1. Article Addressed to: I D. Is delivery address different from 1
If YES, enter delivery address beloar, 7W,'
Eduxeck IAer?bca
112 6 SprilerY6'ce
NkwJ,tie 0,011914k
Type
M Mall Q Mall
? Registered A?e Receipt for Merchandles
? Insured mail ? C.O.D.
4. Restricted Delivery? (Fxba Fse) Myes
2 AfliV+ls Number `
Ohmbrftmswvkoraeeq 7008 1300 0001 6007 8746
Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
Respectfully Submitted:
Ja Adams,'1?squire
I No. 79465
7 est South Street
arlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
FILED { '-l' l-
OF THE ? (,?-H.._'N(?TARY-
2009 JUL -3 A 11: 35
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STEPHANIE M. HERFORD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 6283 Civil Term
EDWARD HERFORD, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY: Please accept this request to transmit the record,
together with the following information to the Court for entry of a divorce decree:
Code.
1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce
2. Date and manner of the service of the Complaint: Served certified mail,
restricted delivery, received by on October 3, 2009.
3. Date of execution of the affidavit of consent required by 3301(c) of the
Divorce Code:
By Plaintiff
By Defendant:
June 4, 2009
June 4. 2009
4. Related claims pending: None.
5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: June 11, 2009
Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: June 11, 2009
Date: ,o?
Ily Su
Ja Adams, Esquire
I. . 0.79465
1 South St.
Ca isle, Pa. 17013
(717) 245-8508
Attorney for Plaintiff
OF 7 LE; '-:i'r"tJ?
r
???t, _8?}?: 34,
STEPHANIE M. HERFORD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
EDWARD HERFORD
NO. 08 - 6283 Civil Term
DIVORCE DECREE
AND NOW, U A13 I G it is ordered and decreed that
STEPHANIE M. HERFORD plaintiff, and
EDWARD HERFORD
bonds of matrimony.
, defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None; the marriage settlement agreement which was signed and filed in this case on June
11, 2009 shall be incorporated but not merged into this Decree.
Rv the C ni in
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