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Home My WebLink About10-1483Fli?.?-?}1?t1? OF THE PROTHONOTARY 2010 MAR -3 Pik f : 03 KRISTEN MOIR, Plaintiff N N IS L) ! A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DOUGLAS F. MOIR, Defendant CIVIL ACTION - LAW NO. !O - Igla 3 &' C-r" 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 foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 3 5.2. UCH 32 SOUTH BEDFORD STREET 8• sG - CARLISLE, PA 17013 y?0 - SG - cL Telephone: (717) 249-3166 C KFdWY,5 RA X8301 KRISTEN MOIR, Plaintiff ) VS. ) DOUGLAS F. MOIR, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KRISTEN MOIR, Plaintiff VS. DOUGLAS F. MOIR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KRISTEN MOIR, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is KRISTEN MOIR, an adult individual who currently resides at 219 Cherokee Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is DOUGLAS F. MOIR, an adult individual who currently resides at 219 Cherokee Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of 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 22 August 1992 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. I COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. amuel L. An Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: rat ?02 ??? STEN MOIR 2010NAR16 i'II:1U CIUV;? ;T KRISTEN MOIR, PLAINTIFF vs. DOUGLAS F. MOIR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-01483 IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance in the above matter on behalf of the Defendant, accept service of the Complaint, and acknowledge receipt of a copy of the Complaint this day. Date: I ?OtO Margar M. Simok, Esquire Supreme Court ID # 76,33 Attorney for Defendant 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 . ~ M KRISTEN R. MOIR 1N THE COURT OF COMMON PLEAS OF Plain iff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DOUGLAS F. MOI :PACSES NO. 890111663 Defe dart :DOCKET NO. 368 SUPPORT 2010 KRISTEN R. MOIR IN THE COURT OF COMMON PLEAS OF Plain iff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA s~, V. :DOMESTIC RELATIONS SECTION ~ ~, ~ o Q ,, c DOUGLAS F. MOI r :PACSES NO. 960111722 -~.~ ~ ~- s _ _~ Defe dant/Respondent -~, ~ <~ , :DOCKET NO. 10-1483 CIVIL ~ `-' ~` _,, - ^. ; ~_ .. ` .--_ c -- ; -o - ~ -~a INTERIM ORDER OF COURT ,^t N f = j ~ AND NOW, his 15th day of July, 2010, upon consideration of the Suppo~Ma~;ter's=~' Report and Recomm ndation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as folio s: A. Effective Ma 14, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disburse ent Unit as support for his children, Garrett D. Moir, born June 19, 1997, and Cr ig D. Moir, born September 21, 1999, the sum of $1,018.00 per month. B. Effective Jun 10, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disburse ent Unit as alimony pendente lite the sum of $960.00 per month. C. The Defenda t shall pay to the Pennsylvania State Collection and Disbwsement Unit the additiona sum of $100.00 per month on arrears. D. The Defenda t shall provide health inswance coverage for the benefit of said children as is availabl to him through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 ann lly for unreimbursed medical expenses incurred for said children. Unreimbwse medical expenses of the children that exceed $250.00 annually shall be allocated bet een the parties. The party seeking allocation of unreimbursed medical expenses mu t provide documentation of expenses to the other party no later than March 31 S` o the year following the calendar year in which the final medical bill to be allocated as received. The unreimbursed medical expenses are to be paid as follows: 82° by Defendant and 18% by Plaintiff. w F. The Plaintif f s complaint for spousal support is dismissed. IMPORTANT LEGAL NOTICE PARTIES UST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SEC ION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHAN E IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR TH ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITE TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PER ONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUP ORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHAN E IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND AY BE FINED OR IMPRISONED. PENNSYL NIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED A LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY NE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND AD USTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CA L YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODI Y (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELA IONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND A IMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CH ILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDE TE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDAT RY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS N T IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN NE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THE EIS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; R (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH ROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID A REARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON ND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, A WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDE ED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR AY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMP HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME AY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE F R COURT COSTS AND FEES. The parties a hereby advised that they may file written exceptions to the Support Master's Report and ecommendation within twenty (20) days of this order. Exceptions shall conform with t e requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, service of the origi interim order, this other party may file exceptions within twenty (20) days of the date of exceptions. If no exceptions are filed within twenty (20) days of this ;r shall then constitute a final order. By the , .._ Edward E. ido, J. Cc: Kristen R. I\ Douglas F. ] Samuel L. ~ For the Plan Margaret M For the DefE DRO/tam Esquire imok, Esquire KRISTEN R. MOIR IN THE COURT OF COMMON PLEAS OF Plaint ff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DOUGLAS F. MOI :PACSES NO. 890111663 Defen ant :DOCKET NO. 368 SUPPORT 2010 KRISTEN R. MOIR, IN THE COURT OF COMMON PLEAS OF Plaint ff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DOUGLAS F. MOI :PACSES NO. 960 1 1 1 722 Defen ant/Respondent DOCKET NO. 10-1483 CIVIL ' S__REPORT AND RECOMMENDATI Following a wring held before the undersigned Support Master on July 13, 2010, the following report nd recommendation are made: FINDINGS OF FACT 1. The Plaintiff 'n both actions is Kristen R. Moir, who resides at 1404 Timber Chase Drive, Mech icsburg, Pennsylvania. 2. The Defend tin both actions is Douglas F. Moir, who resides at 219 Cherokee Drive, Mech icsburg, Pennsylvania. 3. The parties w re married on August 22, 1992. 4. The parties ar the parents of two minor children, Garrett D. Moir, born June 19, 1997, and Cr ig D. Moir, born September 21, 1999. 5. The parties se arated on May 13, 2010. 6. On May 14, 2 10 the Plaintiff filed a complaint for spousal and child support.' 7. On March 3, 010 the Plaintiff filed a complaint in divorce which contained a claim for alimony p ndente lite. ~ The Plaintiff has elected~o proceed on a claim for alimony pendente lite in the divorce action and has withdrawn her claim fors ousal support. EXHIBIT "A" 8. On June 10, 010 the Plaintiff filed a motion for hearing on her claim for alimony pendente lite 9. The parties sure physical custody of the children equally. 10. The Plaintiffis 41 years of age and has no physical or mental impediments to full- time emnlov ent_ 11. 'The Plaintiff received a Bachelor of Science degree in 1991 in chemical engineering. 12. The Plaintiff worked in her field until 1996 when she left her employment with the agreement o the Defendant to start a family. 13. The Plaintiff is currently working part-time as a billing clerk/receptionist for a physical ther py practice where she earns $9.50 per hour fora 12 hour work week. 14. The Plaintiff has explored the possibility of working part-time as a billing clerk for an ambulance c mpany which would pay $9.50 per hour fora 25 hour work week. 15. The Plaintiff Chas current living expenses of approximately $2,160.00 exclusive of her legal fees. 16. The Defenda~t began employment with Mt. Holly Springs Specialty Paper, Inc. in early June, 2 10. 17. The Defenda is annual salary is $80.000.00 with the potential of an annual bonus. 18. The Defend t earned $91,393.00 annually at his prior employment with Asten Johnson, Inc. 19. The Defend t voluntarily changed employment. 20. The Defend t is providing health insurance coverage on the children at no monetary cost. DISCUSSION Both parents ave an obligation to support their children in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). In determining a parent s ability to support his or her children, the focus is on earning capacity, not on actual earning . Mooney v. Doutt, 766 A.2d 1271 (Pa. Super. 2001). A party's earning capacity is t at amount he or she can realistically be expected to earn under the circumstances consi Bring his or her age, health, physical and mental condition, education and training. Rile Fole , 783 A.2d 807 (Pa. Super. 2001). The Plaintiff from working a full currently working only 12 hours per week as a billing She is 41 years of age and is in good health. Nothing precludes her ie job or full-time hours in two part-time jobs. She has explored the 2 possibility of worki g a similar part-time job 25 hours per week for an ambulance company which would pay th same $9.50 per hour she is receiving at the physical therapy practice. The Defendant argu s that as a college graduate with an engineering degree she is working well below her earni g capacity. This completely ignores the fact, however, that she has not worked in her field r 14 years. In the opinion of this Master it is reasonable to impute an earning capacity of 351.50 per week (37 hours at $9.50 per hour) to the Plaintiff for support purposes. With a gross monthly earning capacity of $1,523.00 and a tax filing status of married/separate, th Plaintiff has a net monthly earning capacity of $1,267.00.2 The Defenda t has recently changed employment but concedes that his support obligation should be based upon the higher income he received from his prior employment. With gross annual i ome of $91,393.00, or $7,614.00 per month, and a tax filing status of head of household 'th two children claimed as dependency exemptions, the Defendant has net monthly income or support purposes of $5,810.00.3 With combin d net monthly income of $7,077.00 the basic requirement for the support of two child en is $1,636.00 per month.4 The Defendant's proportionate share of that amount is $1,343.00 After a downward adjustment for shared custody, the Defendant's child support obligat on is $1,018.00.5 In Clouse v. louse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discu sed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherei he stated: The determination of whether to award alimony pendente lite has tradit' pally been a matter within the sound discretion of the trial court. Litm s v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citin Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), a ea denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spous to have the financial resources to pursue or defend a divorce action. Litm s, supra at 222, 763 A.2d at 388. The claimant must show that APL is neede to adequately preserve his or her rights in the litigation. Sutliff v. Sutlif , 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other rounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regar ,the Pennsylvania Superior Court has stated that "a spouse seeking alimo y pendente lite who has sufficient assets to meet the needs of the pendi g litigation and who is equally situated with the other spouse to main in or defend the action, will not be awarded alimony pendente lite." Powe s v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). z See Exhibit "A" for the s See Exhibit "A" for the a See Pa. R.C.P. 1910.16 s See Exhibit "B" for the deductions from gross income. deductions from gross income. ine calculation. 3 In adjudicating a claim for alimony pendente lite, a court should r the following factors: "the ability of the other party to pay; the estate and income of the petitioning party; and the character, n, and surroundings of the parties." Litmans, sera. at 224, 673 A.2d at 38~. Once entitlement to n award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The testimon is clear that the Plaintiff has the present need for alimony pendente lite, and the Defend nt has the ability to pay. With net monthly incomes and a child support obligation as set fort above, the Defendant's obligation for alimony pendente lite is $960.00 per month.b RECOMMENDATION A. Effective Ma 14, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disburse ent Unit as support for his children, Garrett D. Moir, born June 19, 1997, and Cr ig D. Moir, born September 21, 1999, the sum of $1,018.00 per month. B. Effective Jun 10, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disburse ent Unit as alimony pendente lite the sum of $960.00 per month. C. The Defe the additi D. The as is cost. E. The monthl $250.00 am Unreimburs allocated be expenses m~ March 31St c be allocated follows: 82 6 See Exhibit "C" for the t shall pay to the Pennsylvania State Collection and Disbursement Unit sum of $100.00 per month on arrears. r shall provide health insurance coverage for the benefit of said children to him through employment or other group coverage at a reasonable support obligation includes cash medical support in the amount of ally for unreimbursed medical expenses incurred for said children. l medical expenses of the children that exceed $250.00 annually shall be teen the parties. The party seeking allocation of unreimbursed medical t provide documentation of expenses to the other party no later than the year following the calendar year in which the final medical bill to gas received. The unreimbursed medical expenses are to be paid as by Defendant and 18% by Plaintiff. ulation. 4 F. The Plaintiff s complaint for spousal support is dismissed. ~~ K Michael R. Rundle Support Master 1 Iri the Court of Co mon Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Defendant Name: Docket Number: PACSES Case Nu Other State ID Nu Tax Year: Kristen R. Moir Douglas F. Moir 368 S 2010 ber: 890111663 ber: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Head of Household Married Filing Se aratel 3. Who Claims the Exem tions Obl i or 4. Number of Exemptions 3 1 5. Month) Taxable Income $7,613.60 $1,523.20 6. Deductions Method Standard Standard 7. Deduction Amount $700.00 $475.00 8. Exem tion Amount $912.51 $304.17 9. Income MINUS Deductions an Exem tions $6,001.09 $744.03 10. Tax on Income $1,070.89 $76.71 11. Child Tax Credit $166.66 - 12. Manual Ad'ustments to Taxes _ _ 13. Federal Income Taxes $904.23 $76.71 13 a. Earned Income Credit _ _ 14. State Income Taxes $240.59 $48.13 15. FICA Pa ments $582.44 $116.53 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $76.14 $15.23 TOTAL Taxes $1 803.40 $256.60 supportcarc zoo-s-~z EXHIBIT "A" ` ' In the Court o11 Common Pleas of Cumberland County, Pennsylvania Suppo Guideline Worksheet (Revised May 12, 2010) Rule 1910.16-1, et se . Defendant Name: Douglas F. oir Docket Number: 368 S 2010 PACSES Case Number: 890111663 Plaintiff Name: Kristen R. oir Other Case ID Number: __. ._ _. _ ~ , __ _ _ Defendant ~ Plaintiff 1. Number of Dependents ~n this _ ase _ ~ _ 2 „2 TotaLGross Monthly Income $7,613.60 $1,523.20 3 Less Monthly_Deductions __ __ _ _ __ $256.60 _ $1,803.40 4. Monthly Net Income ~ _ $5 810.20 $1 266 60 Line 2 minus Line 3 , , . 5. Combined Total Monthly Net In _. .. ...... ... ome ..~.. .. _...... w._.... _. _ $7 076 80 Amounts on Line 4 Combined _. ~._.._.... _....._ ___ _...._ _ i , ; ; 6 Plus Child's Monthly Soc. Sec. _ _ _ . _ _.. ___ etirement or Disability Derivative Benefit. __ __. _ _ - _._... 7 Ad usted Combined Total Mo nt ly .Net Income F i - 8 PRELIMINARY Child Su ort O li ation based on Ad usted Income Lme 7 9. Less Child's Monthly Social Se urity Retirement or Disability Derivative ; ; Benefit (Lme 6~ ~") ~ - 10. Basic Child Support Obligatio _ $1 636 00 From Rule 1910.16-3 Basic Child Support cnedule (Table Rev. 5/2010) , 11 Net Income as a Percentage of Combined Amount 82.10 17.90 12. Each Parent's Monthly Share the Child Support Obligation $1,343 16 $292.84 13. Adjustment for Shared Custod Rule 1910.16-4 (c) (# of Overnights: 182) f $324.91 .14._ Adjustment for Child_Care_Exp ,, , SeS Rule 1910.16 8 (a~ n ~ - 15. Adjustment for Health Insuran __ _.. y _ _ y _ .. ......_ a Premiums Rule 1s1o.1s-s (b) _. _ _.__ . _....,__.. - _ 16. Adjustment for Unreimbursed edical Expenses Rule 1sto.ls-s (cJ _ ___ ~ - 17. Adjustment for Additional Exp nses Rule 1910.16-6 (d) - 18 Total Obligation with Ad~ustm„ ___. nts Line 12 minus Line 13, plus Lines 14,15,16, ~ ~ ~ .._._ $1,018.25 19 Less Split Custody Countercla m Rule 1910.16-4 (d) - 20 Obligor's Support Obligation !ne 18 minus Line 19, $1,018.25 Prepared by: mrr Date: 7/13/2010 Summary Report S9. Justification for Deviating frorrf i Guidelines Calculation and/or Other Case Comments: EXHIBIT "B.. SupportCa/c 2010-5-12 In the Court of Co mon Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT Plaintiff Name Defendant Na Docket Numb PACSES Case Other State ID Kristen R. Moir e: Douglas F. Moir r: 368 S 2010 Number: 890111663 Number: 1. Obli or's Monthl Net Income $5,810.20 2. Less All Other Su ort - 3. Less Obli ee's Monthl Net Inc me $1,266.60 4. Difference $4,543.60 5. Less Child Support Obligation f Without Part II Substantial or S r Current Case ared Custod Ad'ustment $1, 343.16 6. Difference $3,200.44 7. Multi 1 b 30% or 40% 30.00% 8. Income Available for S ousal S ort $960.13 9. Ad'ustment for Other Ex enses - 10. AMOUNT OF MONTHLY SPOU AL SUPPORT OR APL $960.13 Pre ared b : mrr Date: 7/13/2010 supportcar° so~o-~-~s E}~iIBIT "C" KRISTEN R. MOIR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DOUGLAS F. MOI :PACSES NO. 890111663 Defen ant DOCKET NO. 368 SUPPORT 2010 KRISTEN R. MOIR IN THE COURT OF COMMON PLEAS OF Plaint ff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DOUGLAS F. MOI :PACSES NO. 960111722 Defe antlResnondent :DOCKET NO. 10-1483 CIVIL INDEX OF EXHIBITS Plaintiff s Exhibit N~. 1 -Defendant's 2009 W-2 Plaintiff s Exhibit N~. 2 -Earnings statement Plaintiff s Exhibit N~. 3 -Expense statement Defendant's Exhibit INo. 1 & 2 -Job advertisements cj ^; c ~ -~_; .- -~}W ~ ~_ _~ _ c, ; - Y.~ '~, .. -j~_" ~.~..~ ~ Lam. C.s..~. ` ~ 4~ Defendant's Exhibit ~No. 3 -Offer of employment letter TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Penn! Co./City/Dist. of CUMBERLAND Date of Order/Notice o 7 / 16 / Case Number (See Addendum 10 fo case summary) Federal EIN MT HOLLY SPRINGS SP 1 MOUNTAIN ST MOUNT HOLLY SPRINGS PA 17065-1406 10-1483 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MD 054-46-3803 Employee/Obligor's Social Security Number 4072102276 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 ORDER INFORMATION: This is from CUMBERLAND amounts from the above-named e issued by your State. $ i,ols.oo $ $ 50.00 o.oo $ o.oo $ 960.00 $ so.oo $ o.oo $ o.oo per month i per month i per month i per month i per month i per month i per month f per month i one-time lu for a total of $ 2, 078.00 I You do not have to vary your pay the ordered support payment cycl $ 479.54 per weekly p~ $ 959.08 per biweekly REMITTANCE INFORMATION: ' working days after the date of this withholding. You are entitled to state of your employee for the all the employee's/ obligor's aggrega the following information is need Pennsylvania law (23 PA C.S. § 4 ordered to withhold income fror a history of two or more returne and Disbursement Unit (PA SCD 42 000 00 Make Remittance Payable t Send check to: Pennsylvani IN ADDITION, PAYMENTS MU: above as fhe Employee/Obligor's DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. Shadday Service Type M names and birth dates associated with cases on attachment. Order/Notice to Withhold Income for Support based upon an order for support anty, Commonwealth of Pennsylvania. By law, you are required to deduct these loyee's/obligor's income until further notice even if the Order/Notice is not current child support past-due child support current medical support past-due medical support current spousal support past-due spousal support r genetic test costs other (specify) Arrears 12 weeks or greaten p sum payment month to be forwarded to payee below. n ~ 0 ~ ® ~+ ~ ~_ T ~`' Lt3 r~ ,. rl:. _ ~? i ' _ ..~.. . c' CM ~ ..^ , I ' ~"' ;ycle to be in compliance with the support order. If your pay cycle does not match use the following to determine how much to withhold: r period. $ i, 039 . oo per semimonthly pay period (twice a month) gay period (every two weeks) $ z , o7s . oo per monthly pay period. ou must begin withholding no later than the first pay period occurring ten (10) Order/Notice. Send payment within seven (7) working days of the paydate/date of leduct a fee to defray the cost of withholding. Refer to the laws governing the work wable amount. The total withheld amount, and your fee, cannot exceed 55% of e disposable weekly earnings. For the purpose of the limitation on withholding, ~d (See #9 on page 2). 374(b)) requires remittance by an electronic aayment method if an employer is more than one employee and employs 15 or more persons, or if an employer has checks due to nonsufficient funds. Please call the Pennsylvania State Collections J) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE r PA SCDU t SCDU, P.O. Box 69112, Harrisbur Pa 17106-9112 T INCLUDE THE DEFENDANT'S NA D T PACSES MEMBER ID (shown Case Identifier) OR SOCIAL SE /TY NU IN ORDER TO BE PROCESSED. Edward G~udo, Judge Form EN-028 Rev.S onneNo.:a9~aoisa Worker ID $IATT 890111663 368 S 2010 RE:MOIR, DOUGLAS F. ADDITIONAL NFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If ~hecke~J you are required o pr~vide adropy of this form to your~mployee. If yoYr employee works in a state tha~is di Brent rom the state that i sue this or er, a copy must be provi ell to your emp ogee even if the box is not chec ed. 1. Priority: Withholding under this Ord r/Notice has priority. over any other legal process under State law against the same income. Federal tax levies in effect before receipt f this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can com ine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. Yo must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* Reporting the Paydate/Date of With olding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date o which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principa place of employment with respell to the time periods within which you must implement the withholding order and forward the sup rt payments. 4.* Employee/Obligor with Multiple Su ort Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligoranct you are unabl to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligo 's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must romptly 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. 2710354740 THE PERSON HAS NEVER WORKED F R THIS EMPLOYER : D THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S EMPLOYEE'S CASE IDENTIFI LAST KNOWN HOME ADDF LAST KNOWN PHONE N NEW EMPLOYER'S NAME/A[ 6. Lump Sum Payments: You may be severance pay. If you have any questi~ MOIR, DOUGLAS F. 4072102276 DATE OF SEPARATION: FINAL PAYMENT AMOUNT: wired to report and withhold from lump sum payments such as bonuses, commissions, or about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold inco a as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's in ome 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 govems. 8. Anti-discrimination: You are subject o a fine determined under State law for discharging an employee%bligorfvom employment, refusing to employ, or taking disciplinary action against any employee%bligorbBcause of a support withholding. Pennsylvania State law governs unless the obligor is employed i another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not ithhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 ( )); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the et income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contrib tions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of th disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is i creased 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 rder Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA lim t using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tri .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 pon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposabl income and applying appropriate withholding limits. 10. Additional info: * NOTE: If you or your agent are served ~ith 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 thes items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTIi If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us I~ Page 2 of 2 Service Type M ~~ OMB No.: 0970-0154 Form EN-028 Rev.S Worker I D $ IATT ADDENDUM Summary of Cases on Attachment )ligor: MOIR, DOUGLAS F. PACSES Case Number 890111663 Plaintiff Name KRISTEN R. MOIR Docket Attachment Amount 00368 S 2010 $ 1,068.00. Child(ren)'s Name(s): DOB GARRETT D. MOIR 06/1.9/97 Ct~;I~ ~ . hl02>~ 0 9 / Z if 9.9 PACSES Case Number 960111722 Plaintiff Name KRISTEN R. MOIR Docket Attachment Amount 10-1483 CZVIL$ 1,010.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ~i PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(reN's Name(s): DOB F PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.S Service Type M OMB No.: 0970-0154 Worker I D $ IATT O KRISTEN MOIR, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENN~I,VANIA ~.~ _? cY ~, , , v :CIVIL ACTION -LAW ~_ c~`' ~_° "~' , NO. 10-1483 ' r *-, DOUGLAS F. MOIR, ~',, Defendant : IN DIVORCE r~ ~ -: ?~ =:: PRAECIPE°~ o T" - s., ._; ~ ~ .. TO THE PROTHONOTARY: Please withdraw the appearance of Margaret M. Simok, Esquire of Scaringi & Scaringi, P.C., on behalf of Douglas F. Moir, Defendant in the above-captioned divorce action, and enter the appearance of Margaret M. Simok, Esquire of Maria P. Cognetti & Associates. Respectfully Submitted, Date: ..3 a Date: 3 S Margare .Simok, Esquire Scaringi & Scaringi, PC 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 Attorney I.D. No. 89633 ! r~ Margare~M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 110 Camp Hill, PA 17011 Attorney I.D. No. 89633 2811 juH -2 AM 10' CUM13ERLAND C U11 QEMNSYLVA,"'P KRISTEN MOIR, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-1483 DOUGLAS F. MOIR, Defendant TO THE PROTHONOTARY: IN DIVORCE PRAECIPE Please withdraw all economic claims previously filed in this matter by the Plaintiff, including, without limitation, claims for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. 25 May 2011 gr'-&gm - S el L. es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12 1h Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 ?LED-0FFICE ,° THE PR0TH0 0 241 i juN -2 AM 10' 25 CU PENNSYLVAN A1T KRISTEN MOIR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2010-1483 DOUGLAS F. MOIR, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 3 March 2010 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: KRISTEN MOIR Q ? ? 4.. 11% -Z kj 1lot 2 CIIMBERL AQ pENNS KRISTEN MOIR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 10-1483 DOUGLAS MOIR, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: - a.3- /I Q, _? I C-. DOUGLAS OIR 2011 JUN _2 AN 10: 25 CUMBERLAND coljNp- PENNS YLVA{y1A KRISTEN MOIR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 10-1483 DOUGLAS MOIR, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 3, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: -Q.3 - { ( 7, DOUGLAS MOIR KRISTEN MOIR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION C DOUGLAS F. MOIR, , 3 ° -- O NO.2010-1483 Crv1 RM? `F PRAECIPE TO TRANSMIT RECORD mac- -? t' To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Acceptance of Service filed on 16 March 2011 indicating service on Defendant on 9 March 2010. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff24 May 2011 ; by defendant 23 May 2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's waiver of Notice was filed with the Prothonotary: dated 24 May 2011 and filed contemporaneously herewith. Date defendant's Waiver of Notice was filed with the Prothonotary: dated 24 May 2011 and filed contemporaneously herewith. rney f laintiff fendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN MOIR V. DOUGLAS F. MOIR . : NO. 2010-1483 DIVORCE DECREE -Ira. am - AND NOW, << , it is ordered and decreed that KRISTEN MOIR , plaintiff, and DOUGLAS F. MOIR , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None B Court, 46 41tf *0 ce i M qll d heJ KRISTEN R. MOIR, Plaintiff/Petitioner VS. DOUGLAS F. MOIR, Defendant/Respondent: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 10-1483 CIVIL TERM IN DIVORCE PACSES Case No: 960111722 _.b 1 •.? +?C4 r?E ? wes tee' ORDER OF COURT AND NOW TO WIT, THIS 10th DAY OF JUNE, 2011, IT IS HEREBY ORDERED THAT THE ALIMONY PENDENTE LITE ORDER IS TERMINATED, EFFECTIVE JUNE 7, 2011, PURSUANT TO THE PARTIES' DIVORCE DECREE OF JUNE 7, 2011. THERE IS A REMAINING BALANCE OF $1,545.24 OWED TO THE PLAINTIFF AS OF THIS DATE. PURSUANT TO THE PARTIES PROPERTY SETTLEMENT AGREEMENT, THE REMAINING BALANCE IS TO BE PAID IN FULL THIRTY (30) DAYS FROM THE DATE OF THE DIVORCE DECREE. BY THE COURT: 'k t ?-L4 M. L. EBERT, JR., J. DRO: R.J. Shadday xc: Petitioner Respondent Margaret M. Simok, Esq. Samuel L. Andes, Esq. Form OE-001 Service Type: M Worker: 21005 C;IOO 11 11 as ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT I D - l 4_n __?) C 1 V ! I State: Commonwealth of Pennsylvania `PD) I 1 Io L ?5 Q Original Order/Notice Co./City/Dist. of: CUMBERLAND 3i0 B S .i?, 0 1 C @ Amended Order/Notice Date of Order/Notice: 06/17/11 O Terminate Order/Notice Case Number (See A en um for case summary) O One-Time Lump Sum/Notice RE: MOIR DOUGLAS F. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 054-46-3803 MT HOLLY SPRINGS SPECIALTY PA Employee/Obligor's Social Secun171Tu_-mEe-r 1 MOUNTAIN ST 4072102276 MOUNT HOLLY SPRINGS PA 17065-1406 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,018.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? p yes Q no $ 0.00 per month in current medical support n ?' $ 0.00 per month in past-due medical support -v3 = $ 0.00 per month in current spousal support mca =-n =rn $ 0.00 per month in past-due spousal support Z? -lam $ 0.00 per month for genetic test costs r"a eta C5 $ 0.00 per month in other (specify) Z ? $ one-time lump sum payment DQ -v o o--''n z for a total of $ 1,018.00 per month to be forwarded to payee below. Al: ?;.N -,rn S> -`1 c n You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycleloeg-i)ot Witch the ordered support payment cycle, use the following to determine how much to withhold: $ 234,93 per weekly pay period. $ 509.00 per semimonthly pay period (twice a month) $ 46 ?5per biweekly pay period (every two weeks) $ 1,018.00 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 DEFE ME AND THE PACSES MEMBER /D (shown above as the Employee/Ob/igor's Case Id ?Fer) O IAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BYMAIL. t BY THE COURT: t dwa-rd E` C U ?dC JUdr? OMB No.: 0970-0154 Form EN-028 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? if checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different 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. 2710354740 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: MOIR, DOUGLAS F. EMPLOYEE'S CASE IDENTIFIER: 4072102276 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.childsupport.state.Da.us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MOIR, DOUGLAS F. PACSES Case Number 890111663 PACSES Case Number Plaintiff Name Plaintiff Name KRISTEN R. MOIR Dokc et Attachment Amount Dock Attachment Amount 00368S 2010 $ 1,018.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB GARRETT D. MOIR 06/19/97 CRAIG D. MOIR 00121199 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT KRISTEN R. MOIR, PLAINTIFF DOUGLAS F AND PACSES CASE NO. 960111722 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATION SECTION C") MOIR, C N c? DEFENDANT DOCKET NO: 10-1483 CIVIL TC-$? ?,?,Z -- "? s rn an r- ;;0 ca -<> ' c?° r-s p --ro 0 tj ORDER OF COURT 3 -n mac zo ?,,c w } --ate ?.} w " NOW, this 1st day of July, 2011, the Court being informed by the Domestic Relations Section that the arrears of the above captioned case have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the case be closed. This?Order shall become final twenty days after the mailing of the notice of the entry of the order to the de novo unless either party files a written demand with the Domestic Relations Section for a hearing the Court. BY THE CO :_.4. Edward E. Guid& Judge DRO: R.J. §hadday xc: plaintiff nd defendant Form OE-001 Service Type Worker ID 21205