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HomeMy WebLinkAbout09-3711V/ , KYLE C. BURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- 37?I CIVIL TERM LISA M. BURLEY, CIVIL ACTION-LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KYLE C. BURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- 37// CIVIL TERM LISA M. BURLEY, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Kyle C. Burley, an adult individual who currently resides at 409 Eisenhower Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Lisa M. Burley, an adult individual who currently resides at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 28, 1992 in Cleveland, Cuyahoga County, Ohio. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II - CUSTODY 9. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 8 of this Complaint. 10. The parties are the parents of four minor children, namely, Caitlin M. Burley, born October 13, 1993 Nicholas A. Burley, born May 27, 1996 Jessica T. Burley, born November 12, 1998 Noelle E. Burley, born November 12, 1998 The children were born in wedlock. The children are presently in the custody of Defendant at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Lisa Burley 10 Terrace View April, 2006 Carlisle, Pennsylvania to Present Kyle and Lisa Burley 10 Terrace View April, 2006 Carlisle, Pennsylvania July, 2006 Kyle and Lisa Burley 178 Harbor Drive June, 2004 Richmond Hill, Georgia to June, 2006 Kyle and Lisa Burley 13 Catherine Lane October, 1999 Stafford, Virginia to June, 2004 The natural father of the children is Kyle C. Burley, currently residing at 409 Eisenhower Drive, Carlisle, Cumberland County, Pennsylvania, 17013. He is married to the Defendant. The natural mother of the children is Lisa M. Burley, currently residing at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania 17013. She is married to the Plaintiff. 11. The relationship of the Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Names Relationship None 12. The relationship of the Defendant to the children is that of natural mother. The defendant currently resides with the following persons: Names Relationship Caitlin M. Burley daughter Nicholas A. Burley son Jessica T. Burley daughter Noelle E. Burley daughter 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order awarding the parties shared legal and the Plaintiff shared physical custody of the children. COUNT III -EQUITABLE DISTRIBUTION 15. Plaintiff hereby incorporates by reference paragraphs 1 through 14 above. 16. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, Date: V 04d O'BRIEN, BARIC & SCHERER Mi h e A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 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 unsworn falsification to authorities. Date: 29 D ZL L A P?-? yle C. Burle ??,o?bI 2119 JUN ya. ?a eus,4y ? - ?y Al ?? to ??? KYLE BURLEY, Plaintiff V. LISA M. BURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3-N CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Kyle Burley, an adult individual who currently resides at 409 Eisenhower Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Lisa M. Burley, an adult individual who currently resides at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of four minor children, Caitlin M. Burley, born October 13, 1993 Nicholas A. Burley, born May 27, 1996 Jessica T. Burley, born November 12, 1998 Noelle E. Burley, born November 12, 1998. The children were born in wedlock. The children are presently in the custody of Defendant at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Lisa Burley 10 Terrace View April, 2006 Carlisle, Pennsylvania to Present Kyle and Lisa Burley 10 Terrace View April, 2006` Carlisle, Pennsylvania July, 2006 Kyle and Lisa Burley 178 Harbor Drive June, 2004 Richmond Hill, Georgia to June, 2006 Kyle and Lisa Burley 13 Catherine Lane October, 1999 Stafford, Virginia to June, 2004 The natural father of the children is Kyle Burley, currently residing at 409 Eisenhower Drive, Carlisle, Cumberland County, Pennsylvania. He is married to the Defendant. The natural mother of the children is Lisa M. Burley, currently residing at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Names Relationship NONE 5. The relationship of the Defendant to the children is that of natural mother. The defendant currently resides with the following persons: Names Relationship Caitlin M. Burley Daughter Nicholas A. Burley Son Jessica T. Burley Daughter Noelle E. Burley Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because both parties should have equal access to the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant him shared physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: 6 a 4? chael A. Sch rer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. V K le B y DATE: OF THE p Ti.! QTARy 2009 JUN -4 PM 1: 4 J COUNTY PD V) KYLE BURLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3711 CIVIL ACTION LAW LISA M. BURLEY DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 11, 2009 , upon consideration of the attacl it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., E: at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 09, 2009 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the i if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to ent, order. Failure to appear at the conference may provide grounds for entry of a temporary or permai The court hereby directs the parties to furnish any and all existing Protection from ) Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hea FOR THE COURT. By: /s/ ohn . Mangan, t. Esq. . j M% Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with Disabilites Act of 1990. For information about accessible facilities and reasonable accc available to disabled individuals having business before the court, please contact our office. must be made at least 72 hours prior to any hearing or business before the court. You must r conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF Y HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ed Complaint, q. , the conciliator, at 9:00 AM ,sues in dispute; or r into a temporary ent order. use orders, the Americans 11 arrangements ;nd the scheduled DO NOT CE SET GF ?Nc F'r? 4 )TmY 2009 jUN f 1 pl9 mow..: 2: p EAdI (tr? , f G-//•or?' `y/?O?c? Hof ? w3 ??..7er elo KYLE BURLEY, Plaintiff V. LISA M. BURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3711 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ACCEPTANCE OF SERVICE AND NOW, this ?a y of , 2009, i, Debra D. Cantor, Esquire, Attorney for Defendant, Lisa M. Burley, hereby accept service of the Divorce Complaint. / 12 1 V-;71--, , e ra D. nt r, Esquire OF 7- 2009 JU -2 P l 2: 33 r hi ,f{?y, McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1667 facsimile dcantor _mwn.com Attorneys for Defendant KYLE BURLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LISA M. BURLEY, Defendant NO. 2009-3711 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S PETITION FOR ALIMONY PURSUANT TO PA R.C.P. 1920.15 AND NOW COMES, the Defendant Lisa M. Burley, by and through her attorneys, McNees Wallace & Nurick LLC, and files this within Petition for Alimony and in support thereof avers as follows: The Plaintiff, Kyle Burley, filed a Complaint in Divorce on June 4, 2009 docketed at the above-captioned number raising the following claims: Divorce, Custody and Equitable Distribution. 2. Defendant lacks sufficient assets to provide for her reasonable needs and is unable to fully support herself through appropriate employment. 3. Defendant requests the Court to determine and to allow her alimony pursuant to Section 3701 of the Divorce Code. WHEREFORE, Defendant requests this Honorable Court to award Alimony to Defendant. By: Dated: August 13, 2009 Respectfully submitted, MCNEES WALLACE & NURICK LLC P~,~>kw Debra Denison Cantor, Esquire Attorney I.D. No. 66378 100 Pine Street Harrisburg, PA 1 71 08-1 1 66 Telephone: (717) 237-5297 Attorneys for Defendant 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ` W~ ~~~. J fifer Keen Woodford, Paralegal Date: ~~ (3 .~ 3 PRQ~I~OZAfl1f ZM! AUG t 4 ~M 2~ 5 7 1~`~ ~UUN'IY P~NN~Y~.YANiA CtG~ 18a~7G ~~q a3~ c~' A~ ~ Monty 1 01/®6/2000 18:10 15406591433 LISA BURLEY PAGE 03 t)F THc F,~~~~ ,~~'!~!OTARY 20E0 ~i~R -5 Pia1 l ~ 42 McNEES WALLACE 8 NURICK LLC gy: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile drantnr~mwn.com Attorneys f+or Defendant KYLE BURLEY, Plaintiff v. LISA M. BURLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3711 CIVIL ACTION - I.AW IN DIVORCE tNVEN7'ORY t~ t7EFENbANT LISA M BURLEY Defendant files the fopowing Inventory of ail property owned or possessed by ei#her party at the time this action was commenced and afl property transferred within the preceding tnr~ee year. Defendant verfies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made sut~ject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities, Darte: ~/"~J/ ~ Defendant Lisa .Burley ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ^ 1. Real property ^ 2. Motor vehicles ^ 3. Stocks, bonds, securities and options ^ 4. Certificates of deposit ^ 5. Checking accounts, cash ^ 6. Savings accounts, money market and savings certificates ^ 7. Contents of safe deposit boxes ^ 8. Trusts ^ 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ^ 10. Annuities ^ 11. Gifts ^ 12. Inheritances ^ 13. Patents, copyrights, inventions, royalties ^ 14. Personal property outside the home ^ 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ^ 16. Employment termination benefits-severance pay, workman compensation claim/award ^ 17. Profit-sharing plans ® 18. Pension plans (indicate employee contribution and date plan vests) ^ 19. Retirement plans, Individual Retirement Accounts ^ 20. Disability payments ^ 21. Litigation claims (matured and unmatured) ® 22. Military/V.A. benefits ^ 23. Education benefits ^ 24. Debts due, including loans, mortgages held ^ 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ^ 26. Other 2 MARITAL PROPERTY Defendant equitable interest commenced: lists all marital property in which either or both spouses have a legal or individually or with any other person as of the date this action was Item Number Descri tion of Pro ert Names of all Owners 1 Milita Pension and Retirement Benefits K le Burle *NOTE: The parties previously divided all other marital property pursuant to written Agreement dated February 16, 2007. An Addendum to said Agreement was thereafter entered on April 1, 2008. Both the Agreement and the Addendum will be presented as exhibits at the time of hearing. 3 NON-MARITAL PROPERTY Defendant lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: Item Number Descri tion of Pro ert___ Names of all Owners 1 Post se aration ro ert ac uired b Plaintiff. K le Burle 2 Post se aration ro ert ac uired b Defendant. Lisa Burle 4 PROPERTY TRANSFERRED Person To Whom Item Date of Transferred Number Descri tion of Pro a Transfer Consideration 1 All items of marital property 2/16/07 Kyle Burley OR other than Plaintiff's military Lisa Burley ension.* *NOTE: The parties previously divided all other marital property pursuant to written Agreement dated February 16, 2007. An Addendum to said Agreement was thereafter entered on April 1, 2008. Both the Agreement and the Addendum will be presented as exhibits at the time of hearing. 5 LIABILITIES Item Names of All Names of All Debtors Number Descri tion of Liabilities Creditors 1 Post separation liabilities of Kyle Burley Plaintiff. 2 Post separation liabilities of Lisa Burley Defendant. *NOTE: The parties previously divided all marital liabilities pursuant to written Agreement dated February 16, 2007. An Addendum to said Agreement was thereafter entered on April 1, 2008. Both the Agreement and the Addendum will be presented as exhibits at the time of hearing. 6 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ~~~~~ anne Barnhart Date: March ~ , 2010 '" 01/06/2000 18:10 15406591433 LISA BURLEY PACE 02 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor I.D. No. 6637'8 100 Pine Street P.Q. Box 1166 Harrisburg, PA 17108-1166 (717) 237»5297 (717) 260-1667 facsimile dcantorr~mwn.com AlMmeys >Ror i0efienda/rt f I~G.V-".~it'riv~ Z~I~ ~~~ -5 P~i 1 ~ 43 C,U~~~ .' ~i1~ KYLE BURLEY, Plaintiff v. LISA M. BURLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2009-3711 CNIL ACTION -LAW {N DNORCE EXPENSE $TATEAAENT OF Liss M Burlev (Name) I verify that the statements made in this Expense Statement are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. aate:.~ 1~ O~.t Cat 210 Lisa M. Burley, Defendant Monthly Total Monthly Parent Monthly Ghlldnrt HOME M a e or Rent $734.43 $734.43 Maintenance $50.00 $50.00 Lawn Care 2 Mort e Pool Ex see X83.33 $83.33 UTIILITIES Etectrio 185.00 $185.00 was ~~oo.oa $~oo.oo oil Tele hone Cell Phone $115.00 $38.33 $76.67 Water $100.00 $100.00 Sewer Monthly Total Monthly Parent Monthly Children Cable TV $180.00 $180.00 Internet Trash/ Rec clin $15.00 $15.00 TAXES Real Estate $550.00 $550.00 Personal Pro ert INSURANCE Homeowners/Automobile $146.43 $146.43 Automobile Life $48.92 $48.92 Accident/Disabilit Excess Covera e Lon -Term Care Musical Instruments $2.00 $2.00 AUTOMOBILE Lease or Loan Payments (Orrstown Bank-primarily related to automobile debt but does include some other debt as well $292.09 $292.09 Fuel Re airs $560.00 $50.00 $392.00 $50.00 $168.00 Membershi s MEDICAL Medical Insurance Doctor $334.00 $334.00 Medical Insurance E e Dentist $10.60 $2.12 $8,48 Hos ital Medication Counselin /Thera $27.00 $9.00 $18.00 Orthodontist S ecial Needs contacts/ lasses $414.00 $26.67 $414.00 $26.67 Automobile insurance to increase by approximately $1,000 to $1,200 per year starting in April 2010 due to Daughter beginning to drive. Monthly Total Monthly Parent Monthly Children EDUCATION Tuition $580.00 $580.00 Tutorin Lessons -Clarinet $175.00 $175.00 Other -School Lunches $140.00 $140.00 Other -Extra Curricular Activities $160.00 $160.00 PERSONAL Debt Service -Chase $250.00 $250.00 Debt Service -School loans Clothin $400.00 $100.00 $300.00 Groceries $800.00 $160.00 $640.00 Haircare $160.00 $32.00 $128.00 Membershi s MISCELLANEOUS Child Care $20.00 avera a $20.00 Household Hel Summer Camp $50.00 estimated $50.00 Papers/Books/Magazines $32.00 estimated $7.00 $25.00 S orts Activities $83.33 $83.33 Entertainment/Eatin out $150.00 $50.00 $100.00 Incidentals $200.00 $100.00 $100.00 Pet Ex enses $150.00 $150.00 Vacations $100.00 $20.00 $80.00 Gifts and Children's Parties $30.00 $30.00 Legal fees/Professional fees To Be Determined Charitable Contributions - Tithin $80,00 $80.00 Children's Allowances $60.00 $60.00 Other Child Su ort Alimon Pa ments TOTALS $7,644.80 $4,259.65 $3,385.15 z Daughter's music teachers have requested that she own a professional clarinet as soon as possible so that she can continue her program at full capacity. Currently, Mother and Daughter are looking for the instrument. The estimated cost is $2,500 to $3,000. Said cost is not included on this chart but it is fully anticipated that this will represent an additional monthly expense for Mother upon purchase. s Mother has school loans totaling $35,000.00, for which repayment is currently deferred because Mother is still in school. Upon completion of Masters Degree {expected to occur in October/November 2010), the loans will go into immediate repayment and will constitute an additional monthly expense for Mother. 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 nne Barnhart Date: March ~ , 2010 01+06/2000 18:10 15406591433 LISA BURLEY FILED-~~~ri"E l~~ THE PRuTF~~!~1QTR~?Y ZQ10 MAR -5 P~°,1 I : 43 n~C.r,J r, ., f, ~~i~'tl Vl7' 4Y~..ll Vf~ McNEES WALLAGE & NURICK LLC By: Dabs Denison Cantor I.D. Np. 86378 1 qp Pine Street Harrisburg, PA 17108-11 fit3 (717) 237-5297 (717) 260-1667 facsimile dcantort~mwn.com Alt~wneya for ~-endrsrrt PAGE 01 KYLE BURLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-37'E 1 LISA M. BURLEY, :CIVIL ACTION -LAW Defendant : IN DNORCE U,'I~'1,'.1 ~ Lim M, Buriev _ _ _ (Name) I verify that the statements made in this Income Statement are true and correct. I understand that false statements herein arC made subject to the penalties of 18 Pa.G.S.A. § 4804 relating to unswom falsification to authorities. Date: `3 `fY~oU c~h 2~1 D Lisa M. Bu y, Defendan iNCpME Employer: Youth Advo~ Program. Inc. Address: 2007 North 3 Street. h~,frisburo. PA 171 q2 Type of Work: Therapeutic Surroort Staff (TSSI Payrdi Number 18112 Pay Period (weekly, biweekly, etc.): Chef n~ant receives oav on a weekly basis at a Gross Pay par Pay Period: S r Itemized Payroll Deductigns: Federal Withholding: FICA: Local Wage Tax: State Income Tax: Mandatory Retirement: None Union Dues: None Health Insurance: $2.45 -per pay for vision coverage for children Defendant separately pavs for her own private health insurance Other: (specify) Gross pay per month: $2,014.66 -based on 2009 W-2 OTHER INCOME Week Month Year Interest N/A Dividends N/A Pension Distributions N/A _ --- Annuit N/A Social Securit N/A Rents N/A Ro alties N/A Unem to ment Com ensation N/A Workers Com ensation N/A Em to er Frin a Benefits N/A Other-Child and Spousal Su ort $4,688.00 Other N/A TOTAL $4,688.00 TOTAL GROSS INCOME PER MONTH: $6,702.66 -based on 2009 W-2 and current support received Descri tion Value Husband Wife Joint Checking Accounts Monthly balances vary due $745.12 X (USAA Federal to accounts being used for Savings Bank and paying household Orrstown Bank) bills/mortgage and general month) bills Savings Account Balance varies-- funds $6,981.00 X (USAA Federal utilized for payment of Savings Bank) property taxes (approximately $6,500 per year) and for payment of 2 life insurance olicies. Credit Union Stocks/Bonds Real Estate 10 Terrace View currently X Carlisle, PA 17013 value 2 unknown Other 401(k) with USAA (no contributions since a roximatel 2008 $286.47 TOTAL VALUE $8,012.59 INSURANCE Covera e Com an Polic No. Husband Wife Children Hospital/Medical/Accident Tricare 273802301 X X (Wife X Prime covered only until entry of ___ _ divorce Medical Aetna _ ID __ X (obtained ___ ____ W175744303 due to pending termination of Tricare _ covera e Disabilit Income N/A Dental United X X (Wife X Concordia covered only until entry of divorce; Wife will be able to buy into similar program following divorce. Other-Eye Vision X X (obtained Benefits for children of as Tricare America does not cover contacts or lasses.) SUPPLEMENTAL INCOME STATEMENT: NIA (a) This form is to be filled out by person (check one): (1) who operates a business or practices a profession, or, (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of Business: Address and phone number: (d) Nature of business (check one) (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other-- sole proprietorship (e) Name of accountant, controller or other person in charge of financial records: (fl Annual income from business: _ (1) How often is income received? (2) Gross income per pay period: _ (3) Net Income per pay period: _ (4) Specific deductions, if any: _ 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 e nne Barnhart Date: March ~ , 2010 ~_~ FlLED-QrriC~ 20lQMAR !`1 ~!~!!~ 28 CUM ~~.~'~.<~~ ":~~~~.;~ ~~'' a McNEES WALLACE 8~ NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor@mwn.com Attorneys for Defendant KYLE BURLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-3711 LISA M. BURLEY, :CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Please substitute the attached original signed Expense Statement page of Defendant, Lisa M. Burley, for the copy previously filed on March 5, 2010. Respectfully submitted, MCNEES WALLACE & NURICK LLC By: eb .Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor ~mwn.com Attorneys for Defendant, Lisa M. Burley Dated: March 16, 2010 L - F FlLED-{~~-~rIC~ ~ ~~: I~~ ~ ~ f :ate. 2010 MAR 17 ~M I ! ~ 2 ~ CJM.~t.~'~ ~~':v :~;~~'~S~i 1' McNEES WALLACE 8~ NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor mwn.com Attorneys for Defendant KYLE BURLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LISA M. BURLEY, Defendant NO. 2009-3711 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Please substitute the attached original signed Income Statement page of Defendant, Lisa M. Burley, for the copy previously filed on March 5, 2010. Respectfully submitted, MCNEES WALLACE & NURICK LLC By'~ a D antor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor _mwn.com Attorneys for Defendant, Lisa M. Burley Dated: March 16, 2010 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor cLDmwn.com Attorneys for Defendant KYLE BURLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2009-3711 LISA M. BURLEY, :CIVIL ACTION -LAW Defendant IN DIVORCE INCOME STATEMENT OF Lisa M. Burlev (Name) I verify that the statements made in this Income Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date:. ~1td((' ~ 2'~1 t~ i~a ~Q~~ Lisa M. Burley, Defendant INCOME v Employer: Youth Advocate Program. Inc. Address: 2007 North 3 Street. Harrisburg. PA 17102 Type of Work: Therapeutic Support Staff (TSS) Payroll Number: 18112 Pay Period (weekly, biweekly, etc.): Defendant receives pav on a weekly basis at a rate of $14.00/hour. Neither hours nor pav are guaranteed and fluctuate based on clients and time of year with a significant decrease occurring during school holidays and breaks, including the summer months. Pav period details impossible to guanti on a weekly basis due to fluctuating income. Gross pav is set forth below based on 2009 W-2. Gross Pay per Pay Period: See below. Itemized Payroll Deductions: Federal Withholding: CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 J nne Barnhart, Legal Secretary Dated: March 16, 2010 ~FlLED~~~C`= __ 701 Q t~AR 11 A~ i 1~ 2 6 CUM~3Ei;~.~~~"~ {~;~1,~N~Y ^y~ ~ ~ ~G~~ t ~. , ~ McNEES WALLACE 8< NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor _mwn.com Attorneys for Defendant KYLE BURLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LISA M. BURLEY, Defendant N O. 2009-3711 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Please substitute the attached original signed Inventory page of Defendant, Lisa M. Burley, for the copy previously filed on March 5, 2010. Respectfully submitted, MCNEES WALLACE & NURICK LLC By: b .Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor _mwn.com Attorneys for Defendant, Lisa M. Burley Dated: March 16, 2010 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor@mwn.com Attorneys for Defendant KYLE BURLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LISA M. BURLEY, Defendant NO. 2009-3711 CIVIL ACTION -LAW IN DIVORCE INVENTORY OF DEFENDANT LISA M. BURLEY Defendant files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: ~ ~ ~ ~ C~`1 Z~I l7 Defendant Lisa M. Burley CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Je ne Barnhart, Legal Secretary Dated: March 16, 2010 KYLE BURLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-3711 CIVIL ACTION LAW ^-~ r; ~~ - ~; LISA M. BURLEY, IN CUSTODY ~~" <.,.. :-~_ Defendant - ~_ - ~~; - _ . ~_, ORDER OF COURT ~~~ r_. AND NOW, this 7th day of July, 2010, it is hereby ORDERED AND DIRECTEf} as ;~ ~` c. follows: ~ ~'' 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Kyle Burley, and the Mother, Lisa Burley, shall have shared legal custody of Caitlin Burley, born 10/13/1993, Nicholas Burley, born 05/27/1996, Jessica Burley, Born 11/12/1998 and Noelle Burley, born 11/12/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. ~sical Custody: Mother shall have primary physical custody of the Children subject to Father's partial physical custody as follows: a. Commencing 8/21/09, Father shall have physical custody of the Children on alternating weekends from Friday 5:00 pm until Sunday at 4:00 pm. The non-custodial parent shall pick up the Children. For the two older Children, it is specifically understood that due consideration shall be given to Caitlin's and Nicholas' desires to spend overnights at either parent's residences. b. Father shall have physical custody of the Children every Wednesday from 5:00 pm until 8:00 pm. Father shall provide the transportation for the custody exchanges and for the Children's extra-curricular activities during this time. In the event that Wednesday does not suit the parties/Children's schedules, the parties shall mutually agree on an alternate day for Father to spend time with the Children from 5:00 pm until 8:00 pm. c. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Counselina: The parties are ordered to engage in co-parent counseling. They are further ordered to engage their children in individual counseling as necessary. Both parents shall participate in therapy as directed by the children's therapists. The cost of said counseling after appropriate payment through the insurance shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone/email/texting contact with the Children on a reasonable basis. 6. Each parent shall ensure that the Children take their medication as prescribed or necessary. Additionally, each parent shall adhere to the Children's dietary needs. 7. Vacation: During the summertime, Father shall have additional periods of custody of the Children as follows: During the month of June, Father shall have three (3) consecutive overnights with the Children. During the month of July, Father shall have four (4) consecutive overnights with the Children. During the month of August, Father shall have seven (7) consecutive overnights with the Children. Said periods shall not be consecutive to Father's regularly scheduled weekends. Father shall give Mother at least two (2) weeks' notice of the requested time and Father shall take into consideration the Children's summer activity schedule. The parties shall communicate in regard to when the optimal periods of time would be for Father to have this time with his Children. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other parry, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other parry. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. li. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 12. If Father successfully participates in counseling as set forth in Paragraph 4 above, he shall be entitled to 2 nonconsecutive weeks of visitation in the summer of 2011. Said visitation shall be scheduled and conducted in accord in Paragraph 7. 13. The parties shall email each other on a daily basis to discuss some aspect in their children's lives. The email shall be instituted by the custodial parent and responded to within 24 hours by the non-custodial parent. Copies of the emails shall be saved and presented to this Court in any future hearing. Said emails shall continue at least 90 days from today's date. '' Michael Scherer, Esquire For the Plaintiff ./bebra Cantor, Esquire For the Defendant :mlc col ~~~s 'Y~~l [ c~ ____[ rte') m ~. t l~c~ By e Court, Edward E. Guido, J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half Frotn 9 am until 3 pm Mother Mother Easter Day 2° Half From 3 m until 9 m Father Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanks wing Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From after school is out until ap roximately 12/28. Mother Mother Christmas 2° Half From approximately 12/28 until the day before school be ins Father Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father TNELOF PROTHONOTARY McNees Wallace & Nurick LLC By: Debra Dennison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (telephone) (717) 260-1667 (facsimile) dcantor _mwn.com Attorneys for Defendant/Petitioner KYLE C. BURLEY, Plaintiff/Respondent V. LISA M. BURLEY, Defendant/Petitioner 1011, 24 CUMB JTY k?, r L'. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3711 CIVIL TERM CIVIL ACTION - AT LAW - DIVORCE PETITION FOR SPECIAL RELIEF TO ENFORCE INTERIM MARITAL AGREEMENT AND NOW, comes the Defend ant/Petitioner, Lisa M. Burley, by and through her attorneys, McNees Wallace & Nurick LLC, and seeks enforcement of an interim marital Agreement as follows: 1. The Petitioner is Lisa M. Burley, an adult individual residing at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Kyle C. Burley, an adult individual residing at 409 Eisenhower, Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner and Respondent are Husband and Wife, having been married on November 28, 1992, and separated in December 2006. 4. Petitioner and Respondent have four minor children, of which Petitioner exercises primary physical custody, named Caitlin M. Burley, born October 1993, Nicholas A. Burley, born May 1996, Jessica T. Burley, born November 1998, and Noelle E. Burley, born November 1998. 5. Following separation, the parties executed an Interim Marital Agreement (hereinafter "Agreement") dated February 16, 2007. A true and correct copy of the interim marital Agreement is attached hereto as Exhibit "A." 6. In the Agreement, the Petitioner and Respondent agreed upon a support amount which Respondent would be required to pay Petitioner beginning September 1, 2007. 7. The relevant portion of Paragraph 6 of the Agreement states: 6. Income. "After September 1, 2007, if the parties live separate and apart, Husband will allot all but $2,800 of his net monthly pay to Wife's USAA checking account, or to any other checking account Wife establishes as her regular account to receive these funds. All allotments to wife, whether made while the parties live separate and apart or while the parties may reside together, shall be made on the 1 st or 15th of each month and shall be by direct deposit to Wife's checking account." Emphasis added. 8. At some point after execution of the Agreement, the parties informally agreed that Respondent would allot all but $2,865 of his net monthly income to Petitioner. 9. During December 2009, Respondent received a promotion to Lt. Colonel. As a result, Respondent increased his net monthly income. 10. Respondent's net monthly income is reflected in his Defense Finance and Accounting Service Military Leave and Earnings Statements (hereinafter "LES") dated 12/09 to present. Respondent's net monthly incomes are as follows: 2 a. December 2009 - $8,183.00; b. January 2010 to ? - $8,353.93. 11. As reflected on his LES, Respondent's net monthly income in December 2009 was $8,183.00. 12. In December 2009, Respondent owed Petitioner $5,318.00. However, Respondent only paid Petitioner $4,186.00, which resulted in a monthly deficit of $1,132.00. 13. Respondent's net monthly income from January 2010 to the present was $8,353.93, resulting in monthly payments owed to Petitioner of $5,488.93. However, Respondent only paid Petitioner $4,186.00 per month, which resulted in a monthly deficit of $1,302.93. 14. Respondent's total deficit, from December 2009 to January 2011, is $18,070.09. Every month after January 2011, an additional $1,302.93 accrues to the deficit. 15. Petitioner has demanded Respondent to comply with Paragraph 6 of the Agreement and to pay the accrued deficit. 16. To date, Respondent continues to violate Paragraph 6 of the Agreement and fails to pay the accrued deficit. 17. It is believed that Respondent will continue to disregard the Agreement. 18. By failing to pay the required monthly amount, Respondent is in breach of and in willful violation of the Agreement. 19. This Court has the authority to enforce the terms of the Agreement pursuant to 23 Pa.C.S.A. § 3502(e). 20. Paragraph 18 of the Agreement, states that Petitioner is entitled to recover legal fees and costs from Respondent for his breach of the Agreement and Petitioner's enforcement thereof. 3 21. Petitioner has incurred reasonable fees and costs in seeking compliance with the Agreement, and in preparing and filing this Petition. In addition, Petitioner will continue to incur attorney's fees and costs associated with presenting this Petition and responding to any action by Respondent regarding the same. 22. There have been no rulings by the Court in this matter, although an ancillary Order and Notice Setting Hearing was signed by The Honorable President Judge Kevin A. Hess, scheduling a hearing on February 10, 2011 in the Office of the Divorce Master. 23. On January 11, 2011, counsel for Respondent was notified that this Petition would be filed and concurrence was sought. He does not concur. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order as follows: Respondent shall pay Respondent $18,070.09, plus any additional accrued back support within 30 days of this Order.; 2. Respondent shall comply with Paragraph 6 of the parties' Agreement, and begin paying Petitioner monthly support of $5,488.93; 3. Respondent shall promptly notify Petitioner of any subsequent increase in his monthly net income that will affect his obligations under Paragraph 6 of the Agreement; 4. Respondent shall pay Petitioner's reasonable attorneys fees, costs and expenses in connection with his breach of the Marital Settlement Agreement and Petitioner's enforcement of the same within ten (10) days of the date of this Order; and 4 5. Any other such other relief as this Court deems appropriate. Respectfully submitted, MCNEES WALLACE & NURICK LLC By D a niso antor Attorney I. D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor(a)-mwn.com Attorneys for Defendant/Petitioner Dated: January 13, 2011 5 AGREEMENT THIS AGREEMENT, made this I(.? - • day o , 2007, by and between Kyle C. Burley, hereinafter referred to as "Husban " and Lisa M. Burley, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto were married on November 28, 1992 and have four (4) children: Caitlin, born October 9, 1993, Nicholas born May 27, 1996, and Jessica and Noelle, bons Novemberl2, 1998; WHEREAS, the parties desire to contract with each other concerning matters of financial management during their marriage; and WHEREAS, both of the parties hereto fully understand all of the germs, conditions, and provisions of this agreement and believe it to be fair, just, adequate, and reasonable as to each of theirs; and WHEREAS, Wife and Husband have each been independently advised and separately represented by counsel of their choice regarding the execution of this agreement and their respective rights and obligations under this agreement; and WHEREAS, Wife and Husband have made to each other a full and fair disclosure of the nature, extent, and approximate value of all of their respective financial positions; and WHEREAS, each party desires to set forth their mutual agreement and understanding in writing; and WHEREAS, the parties have reached this Agreement contained herein through negotiations in the context of a Collaborative Law Participation Agreement, entered on November 17, 2006. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby promises, covenants, and agrees as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to set forth certain property rights and financial management and division of the parties' property, income and expenses. The Agreement does not address all property rights in the event of a divorce because the parties are not contemplating divorce at this time. Rather, the parties wish to separate some of their financial dealings and set forth rights and responsibilities concerning those areas to ease tension in their relationship concerning the management of financial matters. At the time of this Agreement, the parties are living separate and apart with a goal toward reconciliation. However, the parties hereto desire to settle fully and finally their some of their respective financial and property rights and obligations including, but not limited to, matters between them relating to the ownership of real and personal property. This Agreement does not, however, address claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, the settling of any and all claims and possible claims against the other or against their respective estates, or address matters relating to the division of retirement or pension benefits, specifically including Husband's military pension benefits, in which the parties may own or have an interest as of the date of execution of this Agreement. 2. REAL PROPERTY. The parties acknowledge that they are the fee simple owners of jointly held property located at 1.0 Terrace View, Carlisle, Pennsylvania. Upon the execution of this Agreement, Husband will sign a deed conveying title to the property solely to Wife simultaneously with her refinancing of the mortgage to remove Husband from liability on same. The property was purchased by the parties in July 2006 for $320,000. The parties have added an in-ground pool since purchasing the property, but have not appraised the property to determine the value with the addition of the pool and if such value has changed. The current mortgage balance is approximately $160,000. Upon Wife's refinance of the mortgage and Husband signing a deed over to Wife, Wife shall pay to Husband the sum of $75,000 which represents his portion of the marital equity in the property. In order to effectuate payment under the terms of this Agreement, paragraphs 2 and 3, Wife shall make payment to Husband by transferring EIGHT HUNDRED EIGHTY (880) SHARES of UPS stock from the parties' USAA jointly held account, referenced herein in paragraph 4. This payment represents the $75,000 less the payment that Husband has agreed to make for Wife's vehicle loan, as referenced in paragraph 3. This stock currently is controlled by Wife. Within three (3) days of refinance, Wife shall transfer the shares, currently valued-at $75.00 per share, to Husband's name individually, for his control and benefit. Husband shall have sole control and maintenance over these shares. He shall be solely responsible for any and all tax consequences should he decide to sell or otherwise transfer these shares. If there are any tax consequences associated with the transfer of the 1,000 shares, Husband shall be responsible for the payment of the taxes associated with the transfer. Upon execution of this Agreement and compliance with the terns of this paragraph, this property shall be considered the individual property of Wife. Wlmether the parties reconcile their marriage in the future, continue to live separate and apart or file a Complaint in Divorce, this property shall not be subject to equitable distribution because the parties agree that it has been fully and satisfactorily distributed pursuant to this Agreement. 3. VEHICLES. The parties agree that for ownership purposes under this Agreement, Husband shall own the Chevrolet Malibu, which is titled in Husband's name individually and has no loan encumbering it at the present time. Wife shall own the Toyota Sequoia, which is titled in the parties' names jointly and which has a loan encumbering it with a current approximate balance of $27,420, requiring monthly payments of approximately $495.00. Wife shall be responsible for the payment of the loan on the Toyota. Neither party shall have keys to nor the right to use the other's vehicle without specific permission from the other party. If a Complaint in Divorce is filed, Wife must refinance the loan associated with the Toyota. In that event, Husband shall cooperate with signing any documents necessary to remove his name from the loan and any documents necessary to remove his name from the title of this vehicle. Until Wife refinances the vehicle, she shall make every payment as it becomes due and shall hold Husband harmless from any attempt to collect payment that may be made by the creditor, whether the parties are living separate or apart. Upon execution of this Agreement and compliance with the terns of this paragraph, these vehicles shall be considered the individual property of the parties. Whether the parties reconcile their marriage in the future, continue to live separate and apart or file a Complaint in Divorce, these vehicles shall not be subject to equitable distribution because the parties agree that they have been fully and satisfactorily distributed pursuant to this Agreement. 4. JOINT ACCOUNTS. The parties currently have a joint checking and savings account with USAA Federal Savings Bank. The parties also jointly own an asset management account with USAA Federal Savings Bank, which includes a stock portfolio containing UPS stock and a money market account. Wife will retain the joint checking account and Husband will have his name taken off on the date which this Agreement is signed by both parties, if that has not already been done. Wife will cross Husband's name off all checks used on the account until they are gone or she obtains new checks. Wife will be responsible for paying the household bills and joint living expenses from this account for the family so long as Husband and Wife are living in the same household, which includes if Husband is deployed or on special duty. "Household living expenses" include, without limitation, the monthly living expenses of the parties and children, such as the monthly mortgage payment, electricity, gas, water, telephone bills, cable, normal household maintenance expenses, auto insurance, and the expenditures for food and family entertainment. A detailed listing of household living expenses which the parties agree at the time of execution of this Agreement are due and owing on a regular basis is attached hereto and incorporated herein by reference as Exhibit "A." This list is not inclusive and is attached as a reference for the parties to refer to in the future, should they reside together again after this date. Husband's or Wife's clothing and personal grooming expenses shall be considered personal expenses to be borne solely by the person for whom they are incurred, unless the expense is made as a gift to the other party. Other individual expenses include Husband's purchases of militaria collectibles. Individual or personal expenses will be paid for out of the parties' individual accounts, to be defined more clearly in paragraph 5, labeled as "INCOME." The joint savings account has been divided between the parties. Husband received $600.00 of the approximately $1,800.00 in the account. Husband has removed his name from the account. Wife will retain the asset management account, which includes the UPS stock and the money market account. The parties' joint Federal income tax liability for 2006 has been estimated to be $18,700.00. There is approximately $26,000in the money market account, which will be used for paying the Federal income tax liability for 2006. The remaining amount will be divided equally between the parties to be used for the parties' legal fees associated with the negotiation and preparation of this Agreement. Any amounts remaining after payment of legal fees will be divided so that Wife receives two- thirds of the remaining balance and Husband receives one-third of the remaining balance. Upon execution of this Agreement and compliance with the terms of this paragraph, these accounts, which include the checking, savings, asset management and money market accounts, shall be considered the individual property of the parties. Whether the parties reconcile their marriage in the future, continue to live separate and apart or file a Complaint in Divorce, these accounts shall not be subject to equitable distribution because the parties agree that they have been fully and satisfactorily distributed pursuant to this Agreement. 5. CHILDREN'S ACCOUNTS. The parties currently own or have an interest in various investment accounts established for the benefit of their children. This includes separate certificates of deposit, brokerage or money account and savings account held at USAA Federal Savings Bank, for the benefit of each child individually. Husband and Wife are joint custodians on each CD. At the time of execution of this Agreement, Husband will sign whatever documents are necessary to remove his name from ownership from these accounts and shall waive any interest he has or may have in these accounts. Upon execution of this Agreement and compliance with the terms of this paragraph, Wife shall be the sole custodian for these accounts. These accounts are to be held for the future benefit and education of the children. Whether the parties reconcile their marriage in the future, continue to live separate and apart or file a Complaint in Divorce, these accounts shall not be subject to equitable distribution. From the date of execution of this Agreement forward, in the event Husband or Wife establishes any accounts in their individual names, or jointly with another person, for the benefit of the children or in the children's names, the other party waives any interest he or she has or may have in these accounts. Upon execution of this Agreement and compliance with the terms of this paragraph, these future accounts shall be considered the individual property of Husband or Wife. Whether the parties reconcile their marriage in the future, continue to live separate and apart or file a Complaint in Divorce, these future accounts shall not be subject to equitable distribution because the parties agree that they have been fully and satisfactorily distributed pursuant to this Agreement. 6. INCOME. As of the date of this Agreement, the parties are living separate and apart. For the time that the parties live separate and apart and for a period not to exceed through September 1, 2007, Husband will allot all but $1,100 of his net monthly pay to Wife's USAA checking account. After September 1, 2007, if the parties live separate and apart, Husband will allot all but $2,800 of his net monthly pay to Wife's USAA checking account, or to any other checking account Wife establishes as her regular account to receive these funds. All allotments to Wife, whether made while the parties live separate and apart or while the parties may reside together, shall be made on the ?st or (5 th of each month and shall be by direct deposit to Wife's checking account. If the parties reside together after the date of this Agreement, Husband will allot $700.00 of his monthly net pay to his individual account and $500 of his monthly net pay to an individual account for Wife's personal use. This money will be for Husband's or Wife's personal expenses and purchases. Should there be any increases in Husband's income, whether it be raises or COLAs, Husband's and Wife's personal allotment will increase equally in proportion to the increase in income. [For instance, if Husband receives a 3% cost of living raise, both Husband and Wife shall increase their personal allotments by 3%. Using the above figures, Husband would receive $721 per month and Wife would receive $515 per month.] Any increase in family income due to Wife's employment shall be put toward household living expenses or otherwise contributed toward special family savings. Any special pays, such as Temporary Duty Pay, Special Duty or Hazardous Duty Pay will be allotted directly to Husband. Any Family Separation Pay will be considered as family income and allotted to Wife. 7. PERSONAL PROPERTY. The parties agree that each of them shall own as separate property certain personal items, such as clothing and collectibles. The parties agree that each will respect the personal property of the other person, and neither shall not destroy, sell, or otherwise compromise the personal property of the other person, including if there is a physical separation and/or divorce. While it is contemplated that it will be a lasting marriage, should the parties cease their marriage and/or cohabitation, each party will retain his/her separate property. Although the parties are living separate and apart at the time of execution of this Agreement, it is not contemplated that either party will need to or be expected to remove items of personal property from the residence at 10 Terrace View, Carlisle, Pemzsylvania at the time of execution of this Agreement. The listing of personal property for retention purposes is in the event of divorce or separation. Husband shall retain the property listed on Exhibit B attached hereto. Wife shall retain the property listed on Exhibit C attached hereto. Any jointly owned property, as herein defined, will be subject to equitable distribution between the parties. Should the parties decide to divorce, or if Husband is living in the marital residence and must vacate for separation or divorce purposes, Husband shall have ten (10) days in which to remove his separate property from the marital residence. Both Husband and Wife shall cooperate with same and agree not to destroy, damage, sell, or otherwise remove the other's separate property during that time period. 8. SEPARATE/AFTER-ACQUIRED PROPERTY. Any and all property acquired by either of the parties from the date of this Agreement from their separate funds shall be considered to be separate property of the purchaser, unless the property shall be titled jointly to the parties, or shall otherwise, by written agreement between the parties, be agreed to be joint property. Each party shall have the unqualified and exclusive right and authority, by his or her sole act, independently of any claim of the other, during his or her lifetime, to use, enjoy, control, sell, loan, donate, manage, encumber, mortgage, grant, and dispose of his or her separate property, or deal with it in any other way, whether presently owned or acquired after this agreement, as fully and freely as if the parties were not married. 9. JOINT DEBT. The joint USAA credit card has been closed as of approximately January 1, 2007. Wife transferred the balance of $1,378.00 from that joint credit card account to an account in her naive individually. That amount reflects what the parties agree represents Wife's individual debt responsibility. Wife shall maintain responsibility for that payment as an individual debt from this date forward and it shall not be considered a marital debt. The remaining balance on that account is approximately $3,650. That remaining balance represents charges incurred by Husband, $2,000 of which represent legal fees, and the remaining of which are Husband's individual responsibility. Husband shall make payment for that debt or otherwise transfer that balance to a credit card in his name individually to remove Wife's name as a responsible party for that debt within ten (10) days of execution of this Agreement. 10. SEPARATE DEBTS. All debts, liabilities, and liens, other than normal living expenses as defined in paragraph 4 above that may be specifically incurred after the date of the execution of the agreement, by either party, shall be the sole and separate obligation of the party incurring the indebtedness, unless the obligation emanates from property acquired in the joint names of both parties or as a debt acknowledged otherwise by written agreement between the parties. The parties further agree that neither of them shall be responsible for the debts of each other that may be incurred after the signing of this Agreement unless both parties have agreed in writing to assume such debt(s), or the debt(s) are incurred in joint names with each party acknowledging shared liability and both signing for the debt(s). Further, the parties will indemnify each other on any debt incurred after the date of this Agreement. All Powers of Attorney previously issued to Wife by Husband and/or to Husband by Wife are hereby revoked and null and void. 11. TRANSFERS BETWEEN THE PARTIES. Notwithstanding the terms of this agreement, it is the intent of the parties that nothing contained in this agreement shall prevent either party from transferring to the other, as evidenced by a written document, an interest in their separate property or estate, either inter vivos or testamentary, if a party so chooses. The parties further agree that in the event either of them does, in fact, elect to transfer to the other an interest in their separate property or estate, the extent of interest will be limited solely by the terms contained in the written instrument creating the interest, and shall in no way affect the validity of the releases contained in this agreement. 12. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Kyle Burley by his attorney, Jennifer L. Spears, Esquire, and to Lisa Burley by her attorney Marylou Matas, Esquire. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 13. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 15. LAWS OF PENNSYLVANIA APPLICABLE. The parties intend that this agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania. The parties further intend .that they shall reside in the Commonwealth of Pennsylvania, but if at any time in the future either or both of the parties becomes the domiciliary of any other state or nation, it is the intention of the parties that this agreement shall nonetheless control their individual property rights, rights of inheritance, and rights with regard to a termination of the marriage, notwithstanding the laws or statutes of their then place of domicile. 16. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The lack of action by either party with respect to any breach of this agreement by the other party shall not be deemed a waiver of this agreement, or any other provision of it, nor shall any action by either party inconsistent with his or her rights that exist for that party under this agreement be considered a waiver of that right or any other rights existing under this agreement. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. 18. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 19. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. WIT.NES C 4 . Burley WITNESS Lisa M. Burley COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this, the WU day o-r 2007, before me a Notary Public of the Commonwealth of Pennsylvania personal7ap e ?ared Kyle C. Burley known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL MERLENE J. MARNEVKA, NOTARY PUBLIC CARLISLE, CUMBERLAND COUNTY PA MY COMMISSION EXPIRES JUNE 8, 2010 Notary. Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :ss. On this, the& day o , 2007, before me, a Notary Public for the Commonwealth of Pennsylvania, personall appeared Lisa M. Burley known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Nota€v Public MERLENE J. MARHENKA, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY, PA MY COMRSION EXPIRES JUNE 8, 2010 Burley Family Monthly Budget previous Actual / 3 Month Lisa Base est. month totals Avera e Due da te Category/ Description November Net Monthly Income $6,790.06 $6,790.06 $6,790.06 Household Expenses 1st Mortgage $1,749.70 $1,749.70 1,749.70 1st Toyota $495.50 $495.50 495.50 6th USAA Insurance $132.00 $132.00 132.00 15th Prudential $17.80 $17.80 17.80 St. Patrick's Church $120.00 $160.00 217.50 School lunches $35.00 98.75 Children's Activities 1st Piano $72.00 $72.00 25th Clarinet/J&W music $28.62 $28.62 Soccer/Basketball $112.00 School expenses Girl Scouts $140.00 Utilities & Maintenance 11th Direct TV $90.00 $73.10 19th UGI Gas $70.00 $49.19 19th Electric $160.00 $137.59 31st Embarq Phone/DSL $100.00 $90.00 30th Water/ N. Mid Auth $135.00 $188.50 Home maint. Toyota Gas $44.00 Personal Use Al/ottments 1 st Lisa $500.00 $500.00 11th Lisa Cell $60.00 $60.00 Nails $46.00 23rd AOL $7.95 $7.95 15th Kyle $700.00 $700.00 27th Kyle Cell $46.00 $46.00 Discretionary Purchases Groceries $400.00 $420.59 Wal Mart/Michaels/Ta $400.00 $594.27 Clothing $54.98 Children's Ent. $140.64 ATM Cash $162.00 Eating Out $253.64 Pharmacy Pet care $37.09 Home decor Credit Card $100.00 Haircuts Miscellaneous $140.43 Periodic Expense Distribution (rec: place into sa vings to hold till due) as of: 5:00 PM11/28/2006 Mean Budget Recommended Amount Budget (wlcuts) $6,790.06 $6,790.06 $1,749.70 $495.50 $132.00 $17.80 $220.00 $100.00 1,749.70 note: possil $495.50 $132.00 $17.80 $160.00 note: $40.0 $100.00 72. 00 $72.00 28. 62 $28.62 54. 65 $60.00 91. 07 $100.00 46. 67 $46.00 74. 51 $75.00 60. 90 $70.00 147. 09 $160.00 146. 67 $100.00 152. 57 $150.00 106. 83 $110.00 113. 77 $115.00 500. 00 $500.00 61. 45 n/a 15. 33 n/a 7. 95 $7.95 700. 00 $700.00 46. 00 n/a $72.00 $28.62 $60.00 note: cost r $100.00 $40.00 note: cost r $75.00 $70.00 $150.00 $100.00 note: need $135.00 $70.00 note: cost r $115.00 $480.00 note: take note: why is note: why a $7.95 $640.00 note: take 473 .85 $475. 00 475 562 .49 $560. 00 475 94 .31 $95. 00 80 112 .69 $100. 00 70 note: one n 255 .92 $260. 00 200 note: is mo 292. 14 $300. 00 250 note: not al 16 .00 $20. 00 30 239 .81 $240. 00 40 note: avg h 111 .43 $115. 00 0 note: reduc 33 .33 $100. 00 0 note: payof 34 .33 $35. 00 35 104. 75 $105. 00 80 Trash $10.50 13.89 -K $51.67 Pool Maintenance $273.00 276.50 Sentinel Paper $13.00 $13.00 Religious Education $25.00 $25.00 Auto care $15.00 5.00 Total Expenses Budget Balance / shortfall Assett Visibility USAA Visa Savings Military Star Card Asset Management $5,359.74 $7,061.59 $7,823.43 $1,430.32 -$271.53 -$1,033.37 $13.89 13.89 $51.67 51.67 $276.00 $150.00 $13.00 13 $25.00 25 $5.00 20 note: incluc $7,794.13 $6,787.13 -$1,004.07 $2.93 -3,709.80 1,859.63 0.00 88,873.43 Periodic Expenses (single time) Quarterly Trash $42.00 A V e 62 -00--- Annual The Sentinel paper $156.00 Home Owner's Assn. unk Annual Religious Education $300.00 Burley Family Monthly-Budget as of: 5:00 PM11/28/2006 ble to pay off the car or house and roll-over to IRA & savings? 0 per week seeds to be evened out over time, recommend savings option seeds to be evened out over time, recommend savings option to determine reason for fluctaution. seeds to be evened out over time, recommend savings option 620.00 cut in allottment s cell on Joint Account? ire nails on jont account? 660.00 cut in allottment novie/event per month (i.e. 35+35) re necessary given use of debit card? ways family meals igh due to Kelly's allergies :e and tie to Walmart f le w/ savings for periodic need II -j k C'&I\h c, / c- -0-k ( Personal Property of Kyle Burley 1. Gifts, Awards, and Presentation. pieces from military service 2. Individual clothing and equipment from military service 3. Military Art (2x American Civil War prints, 3 Medieval Prints) 4. Military Miniatures & Miniature Gaming Related Accessories, including: a. Metal war gaming miniatures b. Miniature buildings c. Boxed games d. Computer games e. Paints and painting supplies f. Models and replicas g. Gaming accessories h. Associated storage containers 5. Historical clothing and historical edged weapons collection, to include: a. Historical helmets (Sutton Hoo, Medieval Sallet, German WWII) b. Medieval Armor and Shield c. 13 swords, 4 daggers, , 2 bows, 1 spearhead, 1 hammer, 1 axe d. Related period clothing 6. Personally owned firearms: M191 IAl pistol 7. Movies in the loft TV stand, known to be his 8. Personal boxed memorabilia currently no co-located with most personal property in the basement. 9. Childhood toys 10. Personal records stored in the portable fire safe. 11. Military Books and Magazines Library EXHIBIT B Personal Propert>> of Lisa Burley 1. Laptop computer and printer 2. Scrapbooks and photos 3. Scrapbook supplies 4. Craft supplies and materials 5. 2 Sewing machines 6. Organ and bench (gift from parents) 7. Curio Cabinet 8. Longaberger Baskets and china( 30th birthday present) 9. Pampered Chef Products 10. Religious Statues in Curio Cabinet 11. Spoon Collection and Holder 12. Digital Camera and Printer Dock 13. Safe in Closet and its contents 14. Jewelry (personal and inherited from my grandmother) 15. Bicycle 16. Two antique tables (in hallway downstairs) 17. Couch, chair, three tables my parents gave me (in basement) 18. Glider rocker and ottoman All pool equipment, shed, gas generator, and ride-on lawn mower are Lisa's personal property, to sell with the house or keep as her own. EXHIBIT C 01/09/2000 01:51 15406591433 LISA BURLEY PAGE 01 VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. GDS A '4-41ax- Lisa M. Burley Dated- /3 ?t'or)ka!z/ 20I / CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 anne M. Barn art, Legal Secretary Dated: January 13, 2011 s McNees Wallace & Nurick LLC By: Debra Dennison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (telephone) (717) 260-1667 (facsimile) dcantorCa)-mwn.com Attorneys for Defendant KYLE C. BURLEY, Plaintiff V. LISA M. BURLEY, Defendant TO THE PROTHONOTARY: OF THELPROONOTAR CUMD ??T?' P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3711 CIVIL TERM CIVIL ACTION - AT LAW - DIVORCE PRAECIPE TO SUBSTITUTE Please substitute the attached original Verification for the copy attached to the Petition for Special Relief to Enforce Interim Marital Agreement filed on January 14, 2011. MCNEES WALLACE & NURICK LLC By Tsebra?d'n ison''-Ca ntor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor _mwn.com Dated: January 18, 2011 Attorneys for Defendant VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated : 1,5 vtG 201 i? o LM. k"?' Lisa M. Burley CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 J ne M. Barnhart, L gal Secretary Dated: January 18, 2011 2 } _ `tl 1 4 1? 4.' 9 IL :. L v i\. ? i E McNEES WALLACE & NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor .mwn.com Attorneys for Defendant t t_ 11 KYLE C. BURLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent NO. 09-3711 CIVIL TERM V. CIVIL ACTION -- AT LAW - DIVORCE LISA M. BURLEY, Defendant/Petitioner MOTION FOR CONTINUANCE AND NOW COMES, Defendant/Petitioner, Lisa M. Burley, by and through her counsel, McNees Wallace & Nurick LLC, and files this Motion for Continuance as follows: 1. On January 14, 2010 Defendant/Petitioner filed a Petition for Special Relief seeking the enforcement of the terms of a Partial Marital Settlement Agreement. 2. This Court entered a Rule to Show Cause on January 19, 2011, requiring a response to be filed within twenty (20) days. 3. The Rule to Show Cause also scheduled this matter for hearing on March 1, 2011. 4. Defendant/Petitioner's counsel is scheduled for a prearranged vacation during that time an requires a continuance of this matter. 5. Plaintiff/Respondent's counsel, Michael A. Scherer, has no objection to this continuance request. WHEREFORE, Defendant/Petitioner's counsel requests this Honorable Court to grant its Motion for Continuance to reschedule this hearing. Respectfully submitted, MCNEES WALLACE & NURICK LLC By Zoia Don Cantor rne D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor(a-mwn.com Attorneys for Defendant/Petitioner Dated: January 27, 2011 -2- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 e nne Barnhart Date: January 27, 2011 KYLE C. BURLEY, Plaintiff/Respondent V. LISA M. BURLEY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLQAN* -° rn NO. 09-3711 CIVIL TERM ?A co rn , v ? CIVIL ACTION - AT LAW - DIV009 ? d < ° r C:3 C) m 1 a w ORDER AND NOW, this day of , 2011, the special relief hearing in the above-captioned matter is hereby continued. It is rescheduled for M *% - - ?a , 2011 (/M IVGi?I'1 ? ? : 3 a4 A in Courtroom ;? . "4COU T, J. Distribution By Court: ? Debra D. Cantor, Esquire, McNees Wallace & N urick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166, 717-237-5297 (phone) 717-260-1667 (fax), dcantor aamwn.com Michael A. Scherer, Esquire, O'Brien, Baric & Scherer, 19 West South Street, Carlisle, PA 17013, (717) 249-6873 (phone), (717) 249-5755 (fax), mschererOa)obslaw.com OOP ,e, Maifej ?'/? KYLE C. BURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL`ANA `- v. NO. 2009-3711 CIVIL TERM -'?'+?l rT"?' -`-' LISA M. BURLEY, CIVIL ACTION-LAW - ` Defendant PLAINTIFFS AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code w as filed on June 4, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / n ?I el 0, # Kyle C. Burley KYLE C. BURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVIIP2 `z , V. NO. 2009-3711 CIVIL TERM LISA M. BURLEY, CIVIL ACTION-LAW Defendant DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF ° SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2009. 2. Defendant acknowledges receipt and accepts service of the Complaint on June 15, 2009. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: A /i/. LW Y_eul Lisa M. Burley FILED- Gr HOO ` J 1 E PROTHONOTAN McNees Wallace & Nurick LLC By: Debra D. Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, Pa, 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor _mwn.com Attorneys for Defendant/Petitioner KYLE C. BURLEY, Plaintiff V. LISA M. BURLEY, Defendant TO THE PROTHONOTARY: 2011 FEB 23 AM 8: 18 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3711 CIVIL TERM CIVIL ACTION - AT LAW - DIVORCE PRAECIPE TO WITHDRAW Please withdraw the Petition for Special Relief filed on January 14, 2011 in the above captioned matter. MCNEES WALLACE & NURICK LLC .11 Y Dated: '-.? / S/ // e D. Ca for - ttorne . . No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, Pa. 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantorca-)mwn.com Attorneys for Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 J anne M. Barnhart, Legal Secretary Dated: 02 // elfl ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 904112250 Co./City/Dist. of CUMBERLAND 129 S 2011 Date of Order/Notice 03/01 /11 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number Sent Electronically DO NOT MAIL 273-80-2301 Employee/Obligor's Social Security Number 5020102383 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. - ..? G.7 a $ 1,800.00 per month in current child support MCO $ 0.00 per month in past-due child support Arrears 12 weeks or greater? e s 5,,-p. 1`10 $ 0.00 per month in current medical support C. r- 4Z) C7, $ 0.00 per month in past-due medical support $ 900.00 per month in current spousal support =Q -? a it $ 0.00 per month in past-due spousal support c:> =C-1 $ 0.00 per month for genetic test costs , rT $ 0.00 per month in other (specify) --? v' - $ one-time lump sum payment Cri for a total of $ 2,700.00 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: $ 621.37 per weekly pay period. $ 1,350.00 per semimonthly pay period (twice a month). $ 1.242.74 per biweekly pay period (every two weeks). $ 2,700.00 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 /D (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: KEVIN A HESS 09-3711 CIVIL QQ Original Order/Notice 0 Amended Order/Notice 0 Terminate Order/Notice 0 One-Time Lump Sum/Notice RE: BURLEY. KYLE C. Employee/Obligor's Name (Last, First, MI) OMB No.: 0970-0154 Form EN-428 DRO: R.,7, Shae Worker ID $IATT Service T yp y ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If ,hecked you are required to provide a copy of this form to your employee. If your employee works in a state that is di erent from the state that issued this order, 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. 3599900000 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: BURLEY, KYLE C. EMPLOYEE'S CASE IDENTIFIER: 5020102383 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (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 Service Type M 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.childsuppgrt.state.pa.us OMB No.: 0970-0154 Page 2 of 2 Form EN-428 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BURLEY, KYLE C. PACS Case Number 034112253 Plaintiff Name LISA M. BURLEY Docket Attachment Amount 09-3711 CIVIL $ 900.00 Child(ren)'s Name(s): DOB PACSES Ca Numb r Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M PACSES Case Number 904112250 Plaintiff Name LISA M. BURLEY Docket Attachment Amount 00129 S 2011 $ 1,800.00 Child(ren)'s Name(s): DOB CAITLIN M. BURLEY 10/09/93 NIONOLAS A. BURLEY M27/98 JESSICA T. BURLEY 11/12/98 NOELLE E. BURLEY 11112/98 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Caae Number Plaintiff Name D cke Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN-428 Worker ID $IATT KYLE C. BURLEY V. LISA M. BURLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3711 DIVORCE DECREE C.t"t.'3010•,00M. AND NOW, /'A it is ordered and decreed that KYLE C. BURLEY LISA M. BURLEY bonds of matrimony. plaintiff, and 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 By the , Attest: VL UE jProthonot 0,r#. Copy mailed 4o oAq ?Cnew N,,H a 4- COPY MwIed -b att? Cantor Kyle C. Burley IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-3711 CIVIL ACTION - LAW Lisa M. Burley : IN DIVORCE Defendant DOMESTIC BELATIONS OBDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Court Order under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Kyle C. Burley ("Participant") is a Participant in the Plan. Lisa M. Burley ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO_ 4. The Participant's name, mailing address, Social Security number and date of birth are: Kyle C. Burley 409 Eisenhower Drive Carlisle, PA 17013 Social Security No.: See Addendum Date of Birth: See Addendum 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Lisa M. Burley 10 Terrace View Carlisle, PA 17013 Social Security No-: See Addendum Date of Birth: See Addendum 6. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant- DRO Page 2 7. The Alternate Payee is awarded a percentage of the Member's gross disposable military retirement pay, to be computed by multiplying 50% times a marital share fraction (less than 1.0), the numerator of which is the number of months of the Participant's creditable military service in the Plan earned during the marriage (which shall be defined as 168.5 months), divided by the Participant's total number of months of creditable military service in the Plan as of his date of retirement. Tice Alternate Payee shall also reeve a pro rata share of any post-retirement cost-of- living adjustments made to the Participant's benefits. 8. Tire monthly payments under Paragraph 7 shall commence to the Alternate Payee as soon as administratively feasible following the encement of Participant's retirement benefits and shall continue until the earlier of the death of the Participant or the Alternate Payee, and to the extent permitted under law, irrespective of the future marital status of either of them. The benefits payable to the Alternate Payee shall terminate upon the death of either the Participant or the Alternate Payee. 9. The Participant and Alternate Payee agree the Alternate Payee will be named as the irrevocable beneficiary under the Survivor Benefit Plan ('SBP"). The Participant shall make the necessary elections and paperwork in a timely manner to effectuate the SBP coverage for the Alternate Payee. The base amount to which the SBP applies shall be the Participant's gross retirement pay, multiplied by the marital share fraction defined in Paragraph 7 of this Order. The Alternate Payee recognizes that SBP payments to her may be suspended by law m the event she remarries prior to attainment of a specific age (currently age 55). 10. The Participant's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. J521) were observed by the Court as evidenced by his affirmative signature on the divorce decree and/or separation agreement. 11. The jurisdictional r+eginr+ements of 10 U.S.C. Section 1408 have been complied with, and this Order has not be amended, superseded, or set aside by any subsequent order. This court has the authority to divide the Member's military retired pay under the USFSPA's G4 jurisdictional requirement since the Member consents to the jurisdiction of this court. 12. The Participant and the Alternate Payee acknowledge that they were married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were marred on November 28, 1992, and separated on December 17, 2006. 13. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection firm her or her estate. 14. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 15. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. DRO Page 3 16. The Participant agrees not to merge the Participant's disposable military retired pay with any other pension and not to pursue any coarse of action that would defeat the Alternate payee's right to receive a portion of the disposable military retired pay of the Participant. The Participant agrees not to take any action by merger of the military refire ent pension so as to cause a limitation in the amount of the total retired pay in which the Participant has a vested interest and, them, the Participant will not cause a limitation of the Alternate Payee's monthly payments as set forth above. The Participant agrees to indemnify the Alternate Payee for any breach of this Paragraph 16 as follows: If the Participant becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Participant's disposable military retired pay, the Participant will pay to the Alternate Payee directly the monthly amount provided in Paragraph 7 under the same terms and conditions as if those payments were made pursuant to the terms of this Order. 17. U, in any month, direct payment is not made to the Alternate Payee by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Participant shall pay the amounts called for above directly to Alternate Payee by the fifth day of each month m which the military pay center fails to do so, beginning on the date that Alternate Payee would have otherwise been entitled to commence her payments. This includes any amounts received by the Participant in lien of disposable retired pay, including but not limited to, any amounts waived by Participant in order to receive Veterans (i.e., disability) benefits or any amounts received by Participant as a result of an early-out provision, such as VSI or SSB benefits. In the event DFAS withholds payment to the Alternate Payee and does not transfer said payments to the Participant or on Participant's behalf, then the Participant has no obligation to repay the Alternate Payee for fiends which he did not receive. 18. If the Participant takes any action that prevents, decreases, or limits the collection by the Alternate Payee of the sums to be paid hereunder, he shall make payments to the Alternate Payee directly in the amount sufficient to neutralize, as to the Alternate Payee, the effects of the actions taken by the Participant. 19. The Participant hereby waives any privacy or other rights as may be required for the Alternate Payee to obtain information relating to the Participant's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 20. The Participant shall be required to notify the Alternate Payee, in writing, within thirty (30) days prior to Participant's actual date of retirement. Such notice shall indicate his intentions to retire and elect benefit date. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. 21. The Alternate Payee shall be liable for any federal, state or local income taxes associated with her assigned share of the disposable military retired pay. 22. Tine parties acknowledge that the following items must be sent by the Alternate Payee to DFAS-HGA/CL, Garnishment Operations, P.O. Boa 998002, Cleveland, OH 44199-8002 and DFAS, U.S. Military Retirement Pay, P.O. Boa 7130, London, KY 40742-7130. The Participant DRO Page 4 agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. A certified copy of the Divorce Decree. b. A certified copy of this Domestic Relations Order. C. A copy of the Marriage Certificate of Mr. and Mrs. Burley. d. An executed copy of DD Form 2666-10. e. An executed copy of DD Form 2293. 23. The Court shall retain junadwbon to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. r &0, EXECUTED this 1; / day of Judge CONSENT TO ORDER: 4/ F Date a A - &A ?, 3-?o-/l t/Alternate Payee Date Iz t 1 A for Plaintiff/ Date Participant 0-4 ;?-S- nlL%.t Cc, AII.r ar Defendant/ VD 16 Alternate Payee MUD M -0 rn = ? ?m ?_ --s CD w a? -T-1 70 KYLE BURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYJ:VAb8A c V. NO. 2009-3711 rn , LISA M. BURLEY, CIVIL ACTION - LAW -<<v CD Defendant IN CUSTODY '-= vmj aA CD NOTICE TO PLEAD 4 ` TO: Kyle Burley, Plaintiff, and Michael Scherer, Esquire, His Attorney: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. McNEES WALLACE & NURICK LLC By r ntor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor .mwn.com Dated: June 8, 2011 Attorneys for Defendant, Lisa M. Burley McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor mwn.com Attorneys for Defendant ca MCO x? - ern 4,0 CZ) €-- --? CD < = --3 KYLE BURLEY, Plaintiff V. LISA M. BURLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3711 CIVIL ACTION - LAW IN CUSTODY ANSWER AND COUNTERCLAIM TO PLAINTIFF'S PETITION FOR CONTEMPT AND NOW, comes Defendant, Lisa M. Burley, by and through her attorneys, McNees Wallace & Nurick LLC, and answers Plaintiffs Petition for Contempt, and files a Counterclaim, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, the Order speaks for itself. 6. Denied. Jessica and Noelle do not have regular cell phones. Plaintiff can text the older children anytime. Defendant does not use her home service and uses her cell number as her main contact number. Defendant provided a number for Plaintiff to call the children at anytime. Plaintiff regularly curses at and accuses Mother of preventing the children from talking to him. Defendant has phone records to demonstrate that Plaintiff rarely calls the children. But, to prevent Plaintiffs accusations, she answers the phone when he calls and makes the children that are available talk to Plaintiff. This was the plan arranged with the co-parenting counselor. Likewise, when the children want to talk to Plaintiff, they call and leave a message on his cell phone. 7. Denied. Nicholas was hit by a lacrosse ball and Defendant took him to the emergency room as a precaution. Nicholas was x-rayed. Plaintiff contacted Nicholas and was asked by Defendant to call her phone. Plaintiff was swearing so Defendant texted him the information regarding Nicholas, who was released with no treatment. Nicholas tried to call Plaintiff three times and he never answered. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. Further, Plaintiff can text the children anytime he wishes and has not contacted either Defendant or the children in recent weeks. 9. Admitted. By way of further answer, the Order speaks for itself. 10. Admitted. 11. Admitted. 2 12. Denied. It is denied that Defendant refuses to allow Plaintiff to exercise his custodial overnights. It is believed that there is a discrepancy in regard to the definition of weeks. Defendant believes that a week is defined as 7 days, 6 overnights, including the custodial parent's weekend. Plaintiff believes that it is 7 overnights. By way of further answer, Plaintiff selected a week during which Plaintiff has the holiday for which she already has plans. 13. Admitted in part, denied in part. It is admitted that Plaintiff is a Lieutenant Colonel in the United States Army and he has alleged that he will be transferred to Sumter, South Carolina. Plaintiff has refused to provide Defendant with details as to his relocation, including a specific date. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. By way of further answer, it is expected that a new Order will be necessary once Plaintiffs relocation takes place. 15. Admitted. 16. Admitted in part, denied in part. It is admitted that Defendant objects as to the allegations of contempt. It is denied that Defendant objects as to the request for a modification to the schedule. WHEREFORE, Defendant, Lisa M. Burley, respectfully requests that this Honorable Court deny Plaintiffs Motion for Contempt and relief requested. 3 NEW MATTER COUNTERCLAIM FOR CONTEMPT 17. Paragraphs 1-16 of this Answer are incorporated herein by reference as if fully set forth at length. 18. Pursuant to the terms of the July 7, 2010 Order, the parties were to email each other on a daily basis to discuss an aspect of their children's lives. Emails were to be instituted by the custodial parent and responded to within 24 hours. Said emails were to continue at least 90 days. Plaintiff refused to participate in this provision and Defendant sent emails for a period of 90 days without cooperation or participation by Plaintiff. Copies of the emails shall be produced pursuant to the terms of the Order. 19. Pursuant to the terms of the July 7, 2010 Order, each parent is to ensure that the children take their medication as prescribed and adhere to the children's dietary needs. Plaintiff continues to fail to assure Noelle, specifically, is taking her asthma medication while at his house. When Noelle fails to consistently take her medication, emergency room and frequent physician visits become a necessity. Further, Plaintiff has never followed Noelle's dietary guidelines. 20. Plaintiff failed to engage in the children's individual therapy pursuant to the July 7, 2010 Order. 21. Plaintiff does not exercise his custodial time consistently. 22. Plaintiff does not exercise his custodial time when doing so requires that he transport the children to their activities. Plaintiff often relies on Defendant to transport and/or care for some of the children if their activities coincide with Plaintiffs custodial time. 4 23. Plaintiff will repeatedly call Defendant's home and all available cell numbers when he is unsuccessful in reaching the children. This behavior creates a harassing environment. 24. To ensure Plaintiffs contact with the children, Defendant requests specific times and days for such contact to prevent repeated harassing calls or accusations that such contact is being prohibited by Defendant. Plaintiff may continue to text as often as he wishes. WHEREFORE, Defendant requests this Honorable Court to find Plaintiff in contempt and enter an Order which: (a) Provides a set day and timeframe each week when Plaintiff is to call the children; (b) Clearly defines Plaintiffs custodial time, including overnights; (c) Requires Plaintiff to comply with the medication and dietary needs of his children; (d) Requires Plaintiff to exercise his custodial time and to provide for the children's participation in activities during his custodial time; 5 (e) Require Plaintiff to pay Defendant's fees and costs for this filing of this Answer and Counterclaim. Respectfully Submitted, McNEES WALLACE & NURICK LLC Y e D for Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor -mwn.com Dated: June 8, 2011 Attorneys for Defendant, Lisa M. Burley 6 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. ho A Lisa M. Burley Dated: 3 r1,c? 2 DY CERTIFICATE OF SERVICE AND NOW, this 8th day of June, 2011, 1 hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 %"4'LL A VWJJA?- anne Barnhart, Legal Secretary KYLE BURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V No. 09-3711 CIVIL ACTION LAW- LISA M. BURLEY, IN CUSTODY ` ? ?-?' : Defendant , , r Prior Judge: Edward Guido, J. r-- ?' ORDER OF COURT { AND NOW this da f A t 2011 ' y o ugus , upon consid ? eration of the attached C ustod y Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Kyle Burley, and the Mother, Lisa Burley, shall have shared legal custody of Nicholas Burley, born 05/27/1996, Jessica Burley, Born 11/12/1998 and Noelle Burley, born 11/12/1998. The parties shall have an equal right to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's partial physical custody as follows: a. Father shall have custody of the Children every other month in Pennsylvania for four days and three overnights Friday 6:00 pm until Monday (bringing the Children to school or if no school until 6:00 pm). Father shall be responsible for getting the Children to school and their scheduled activities. For these weekends, Father shall give Mother at least two weeks notice in writing (email) and Mother shall confirm receipt of the email. b. Commencing the summer 2012, Father shall have custody of the Children at his residence for two consecutive weeks and one week here in Pennsylvania. However, in the event that a Child is hospitalized due to failure to medicate, then the two weeks are to be non-consecutive at Father's residence in addition to one week here in this jurisdiction. For the week in Pennsylvania, Father shall take the Children to their scheduled extra-curricular events and appointments. For Nicholas, it is specifically understood that due consideration shall be given to Nicholas' desires to spend extended periods of time at Father's residence. Mother shall notify Father of the Children's camp and other schedules by May 30 of each year. C. A week shall be considered Friday 6:00 pm until Friday 6:00 pm. d. If the Children do not fly, the parents shall meet on Rte 81, Exit 195 near Lexington. Virginia for the exchanges. However if Father elects to fly the Children, Father has agreed to pay for the flight. e. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Counseling: The Court strongly encourages the parties to engage in co-parenting counseling. The Court takes note that the parties have a very difficult time communicating and jointly raising their Children. The parents are also encouraged to engage their Children in individual counseling as necessary. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone/email/texting/Skype contact with the Children on a reasonable basis. In the absence of agreement otherwise, the non-custodial parent shall have contact with the Children every Wednesday and Sunday between 7:00 pm and 9:00 pm. It is specifically directed that Skype contact is allowed and that Father has agreed to furnish Mother the capability to have this occur. In the event calls are unanswered, the Children shall be in contact with the non-custodial parent as soon as possible. 6. Each parent shall ensure that the Children take their medication as prescribed or necessary. Additionally, each parent shall adhere to the Children's dietary needs. 7. Holidays: See attached schedule. Mother and Father shall have Mother's Day and Father's Day respectively and these weekends shall be from Friday 6:00 pm until Sunday 6:00 pm. Father specifically waives his right to custody on Easter and Thanksgiving and therefore, they are Mother's holidays. The holiday schedule supersedes the regular schedule. 8. If either parent is not going to be using their designated holidays, that parent shall give the other parent two weeks' notice. 9. If Mother flies the children to Florida for Christmas, she shall pay for a round trip flight. If Father flies the children from South Carolina to Pennsylvania, he shall pay for any fees and costs associated with that additional leg of travel. Each party shall notify the other 30 days in advance as to their Christmas holiday plans. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. Father has limited annual military leave. Depending upon military commitments, holiday scheduling and other matters beyond Father's control, Father may not always be able to exercise the custody afforded him pursuant to this Order. In the event Father cannot exercise custody on any given holiday, he will give Mother no less than two weeks notice in writing. Similarly, if Father wishes to exercise custody outside of this order, he shall provide Mother with two weeks notice of any alternate arrangements he wishes to make. Father must understand that Mother and the children may be subject to scheduling restrictions, just as he is. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By th ourt, Distribution: V Michael Scherer, Esquire ? Debra Cantor, Esquire ? John J. Mangan, Esquire J. HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Memorial Day From Friday 6:00 pm until Monday Mother Father 6:00 pm Independence Day From Friday 6:00 pm until Monday Father Mother 6:00 pm Labor Day From Friday 6:00 pm until Monday Mother Father 6:00 pm Christmas 1St Half From 6 pm after school is out until Father Mother 12/26 6 pm. Christmas 2° Half From 12/26 6 pm until 12/31 6 m Mother Father Mother's Day From Friday 6:00 pm until Sunday Mother Mother 6:00 pm Father's Day From Friday 6:00 pm until Sunday Father Father 6:00 pm KYLE BURLEY, Plaintiff v. LISA M. BURLEY, Defendant Prior Judge: Edward Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-3711 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Nicholas A. Burley 05/27/1996 Primary Mother Jessica T. Burley 11/12/1998 Primary Mother Noelle E. Burley 11/12/1998 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 31, 2009, an Order was issued August 04, 2009, a conference was held May 27, 2010, an Order issued June 07, 2010, a hearing occurred and Order issued July 07, 2010 and a conference was held June 17, 2011 with the following individuals in attendance: The Mother, Lisa Burley, with her counsel, Debra Cantor, Esq. The Father, Kyle Burley, with his counsel, Michael Scherer, Esq. 3. The parties agreed to the entry of an Order as attached. Date JJoJ. angan, Esquire y Conciliator INCOME WITHHOLDING FOR SUPPORT 03+1):2,53 O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) 904-1 /,? 251) 09-3711 /l 1 / / Q AMENDED IWO ? 61 V/L Q ONE-TIMEORDERMOTICE FOR LUMP SUM PAYMENT /? CI S x &// Q TERMINATION OF IWO Date: 06/11/12 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions hfD•//www acf hhs gov/programs/csetnewhiratem lover publication/publication htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached, State/Tribefrerritory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 502 102383 City/County/Dist.rrdbe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum fo case summary) I RE: Rl1Rl FY_ KVI F C_ DFAS ARMY ACTIVE DUTY Employee/Obligor's Name (Last, First, Middle) Sent Electronically DO NOT MAIL Employer/Income Withholder's FEIN 359990000 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) Employee/Obligor's Social Security Number (See Addend m for plaintiff names associated with cases on attachment) Custodial Pa /Obligee's Name (Last, First, Middle) NOTE: This I O must be regular on its face. Under certain ircumstances you must reject this IWO and re turn it to the sender (see IWO instructions v(proarams/cse/newhire/ 1 . If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the un erlying order must be attached. 3599900000 See Addendum for dependent names and birth dates associated with cases on ORDER INFORMATION: This document is based on the support or withholding order from QMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 1,800.00 per month in current child support $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? d yes ?-4) rta $ 0.00 per month in current cash medical support ?.:w € y s c.: r $ 0.00 per month in past-due cash medical support $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month in other (must specify) for a Total Amount to Withhold of $ 1,800.00 per month. =o '{ ,- c r,,, AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the &VerXVorljsation. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: <,. $ 414.25 per weekly pay period. $ 900.00 per semimonthly ay period (twiceya month) $ 828.49 per biweekly pay period (every two weeks) $ 1,800.00 per monthly pay Period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termlination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period th t occurs n 1 working days after the date of this Order/Notice. Send payment within seven 7 working day of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, ithhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is n t within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at httl2:Hwww.acf.hhs.gov/programs/cse/newhi r /emplover/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-428 06/12 Service Type M Worker ID $IATT ? Return to Sender [Completed by Employer/income Withholder). Payment must be directed to an SDU in accordance with 42 USC §6166(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below), if payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the I WO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/issuing Official: Date of Signature: JUh1E 11, 2012 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR eMPLOYERrSANCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an a c, g%& payment ol"d 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 Rom ftace Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.C. Box 69112, Harrisburg, Pa 17106-9112 IN ADD/TION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the EmpleywI0660or's Case Idendffer) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: htW:I/www,t cthhs.gayL reins/cse/newhire/empoyer/contacts/contact mag htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(bx7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments town SDU or Tribal CSE agency, you may combine withheld amounts from more than one employeelobligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private tndividual/Entlty and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this 1WO, contact the sender. If you fall to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-dilswimination: You are subject to a fine determined under State or Tribal law fordischarging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-428 06/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: DFAS ARMY ACTIVE DUTY Employer FEIN: 359990000 Employee/Obligor's Name: BURLEY, KYLE C. 5020102383 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for orderldocket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 (weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Trie. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the I w of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of th CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE age cy and/or the sender by returning this form to the address listed in the Contact Information below: 3599900000 O This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Last known phone number: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIJ (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.stote.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SEOTION, 13 N. HANOVER ST. P.O. BOX 320 CARLISLE PA 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT. (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.chi1dsuDI2ort.statQ.Da.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-428 06/12 Worker ID $IATT ADDENDUM utngi,>aiy of C>rif on AdsphatM D BURLEY, KYLE C. PACSES Gene Number 904112250 PACSES CM Nu Plaintiff Name Plaintiff Name LISA M. BURLEY Docket Attachment Amoun Affachment Amount 00129S2011 $ 1,800.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): NICHQ,W A. BURLEY 05127/96 JESSICA BURLEY 11/12198 NOELLE E. BURLEY 11112/98 PACSE,S CCM 'm r PlailWff Name Docket $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name pocket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB PACSf,S Case l umber Plaintiff Nam $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment un $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 06/12 Service Type M OMB No.: 0970-0154 Worker ID $IATT KYLE C. BURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - DIVORCE NO. 09-3711 CIVIL TERM -- LISA M. BURLEY, IN DIVORCE ,cs Defendant/Petitioner PACSES Case No: 034112253 , ` ? _. CD CD _. ORDER OF COURT C- ' AND NOW to wit, this 14th day of June, 2012, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned alimony matter pursuant to the parties' Agreement to Terminate Alimony of May 5, 2012 and to be made effective May 1, 2012, The alimony account is closed with a credit of $900.00 and will be resolved pursuant to their agreement. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: <:;; 11 Edward E. GuiddT- Y J. DRO: R.J. Shadday xc: Petitioner Respondent Debra Denison Cantor, Esq. Michael A. Scherer, Esq. Form OE-001 Service Type: M Worker: 21005