HomeMy WebLinkAbout00-05717 NMIn the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225
Defendant Name: KEITH S. KOEGEL
Member ID Number: 4832100663
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Fax: (717)- 2q
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Please note: All correspondence must include the Member ID Number.
ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
CYNTHIA A. KOEGEL
PACSES Docket
Case Number Number
084102851 00-5717 CIVIL
Attachment Amount/Frequency
900.00 Y MONTH
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$
TOTAL ATTACHMENT AMOUNT: $ 900.00
The prior Order of this Court directing the Department of Labor and Industry, Office of
Unemployment Compensation Benefits (OUCB), to attach $207.12 or 50% per week of
the Unemployment Compensation benefits of KEITH S. KOEGEL, Social Security
Number XXX-XX-8092, Member ID Number 4832100663 is hereby vacated.
This Order to Vacate shall be effective upon receipt of the notice of the Order by the
Department and shall remain in effect until a further Order of the Court is filed.
BY THE COURT
Date of Order:
Service Type M
? e L J /
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Form tN-UJb
Worker ID $IATT
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CYNTHIA A. KOEGEL,
Plaintiff/Petitioner
VS.
KEITH S. KOEGEL,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 00-5717 CIVIL TERM
IN DIVORCE
PACSES CASE: 084102851
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ORDER OF COURT
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AND NOW to wit, this 15th day of February, 2011, it is hereby Ordered that the
Cumberland County Domestic Relations Section dismiss their interest in the above captioned
Alimony matter pursuant to the Plaintiff terminating the Alimony obligation due to her marriage
on February 14, 2011. The case is closed with no balance due.
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.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Melissa Peel Greevy, Esq
P. Richard Wagner, Esq.
Service Type: M
Form OE-001
Worker: 21005
BY THE COURT:
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Cgntkta 96egev F E B 0 2 2 011
q? ®. Toy 6691
c34misbuxg, CP-4 17112
January 27, 2011
Cumberland County Domestic Relations
13 N. Hanover St.
P.O. Box 320
Carlisle, PA 17013
Rickie Shadday
Re: Alimony SS# 178-52-5234
Dear Rickie,
I am writing to notify you that I am ending my spousal support (alimony). I am getting married on February 14,
2011.
Please let me know if you need further information. You can contact me at 514-7809
My new address: 3407 Hickory Hollow Road
Harrisburg, PA 17112
Thanks you so much for your help.
Sincerely,
4%M4-- -
Cynthia A. Koegel
ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT ?O - -5-7 F? G V I I
State: Commonwealth of Pennsylvania Q Original Order/Notice
Co./City/Dist. of: CUMBERLAND Q Amended Order/Notice
Date of Order/Notice: 02/14/11 @ Terminate Order/Notice
Case Number (See A en um for case summary) O One-Time Lump Sum/Notice
RE: KO EGEL, KEITH S.
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
203-52-8092
AMPHENOL INTERCON SYSTEMS Employee/Obligor's Social Security Number
2800 COMMERCE DR 4832100663
HARRISBURG PA 17110-9307 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 da tes associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts
from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your
State.
$ 0.00 per month in current child support
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$ 0.00 per month in past-due child support no,
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s or grea
er
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Arrears 12 wee
$ 0.00 per month in current medical support
$ 0.00 per month in past-due medical support
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$ 0.00 per month in current spousal support
$ 0.00 per month in past-due spousal support ?'-
$ 0.00 per month for genetic test costs ?-
$ 0.00 per month in other (specify) C-7o
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$ one-time lump sum payment -
for a total of $ 0.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period
(twice a month)
$ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an
employer is ordered to withhold income from more than one employee and employs 15 or more persons, or
if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at
1-877-676-9580 for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDA T'S NAME AND THE PACSES MEMBER ID
(shown above as the Employee/Obligor's ase Idend R SOC L SECURITY NUMBER IN ORDER TO BE
PROCESSED. DO NOT SEND CAST BYII'AA. 7/0 //
j
BY THE COURT:
J. Wesley Vier, Jr.; Jt
OMB No.: 0970-0154
Service Type M
Form EN-028
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. 2025698450
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O
EMPLOYEE'S/OBLIGOR'S NAME: KOEGEL, KEITH S.
EMPLOYEE'S CASE IDENTIFIER: 4832100663 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she
is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place
of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes,
Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the
obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that
50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State,
you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser
of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of
the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for
health care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the
state that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
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.pa.us
OMB No.: 0970-0154
Page 2 of 2
Form EN-028
Worker ID $IATT
1
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: KOEGEL, KEITH S.
PACSES Case Number 084102851
Plaintiff Name
CYNTHIA A. KOEGEL
cket Attachment Amount
00-5717 CIVIL $ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
ock t 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
CYNTHIA A. KOEGEL, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA
VS. NO.: 00-5717 CIVIL W?
KEITH S. KOEGEL, = r , n -n
Defendant IN DIVORCE z r m
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PETIT
ION TO TE RMINATE ANi? R F iMRT TR SR e t []S n ? c
W 9 1 .-
BECAUSE OF CO ARITATInN nF RECIPIENT SPOIJ E
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, comes Petitioner, Keith S. Koegel, by and through his counsel, Kara W.
Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., who respectfully petitions This Court for
reimbursement of alimony because of cohabitation of recipient spouse, and in support thereof avers as
follows:
1. The petitioner is Keith S. Koegel, who resides at 1610 Susquehanna Street, Dauphin County,
Pennsylvania.
2. Respondent is Cynthia A. Koegel, who resides at 3407 Hickory Hollow Road, Harrisburg,
Dauphin County, Pennsylvania.
3. On May 25, 2004, an Agreement was entered before the Cumberland County Divorce
Master that sets forth, in part, that Petitioner shall pay to Respondent the sum of $900.00 per month in
the form of alimony. Said agreement is attached hereto and made a part hereof as `Exhibit A'.
4. Said Agreement provides that cohabitation of the party receiving alimony shall terminate the
award of alimony.
5. Courts have generally defined cohabitation as, "two persons of the opposite sex residing
together in manner of husband and wife, mutually assuming those rights and duties usually attendant
upon the marriage relationship. Cohabitation may be shown by evidence of financial, social and
sexual interdependence, by a sharing of the same residence, and by other means." Miller v. Miller.
508 A.2d 550, 554 (Pa. Super. 1986).
6. Since the entry of the said order, the circumstances have changed, namely it is believed and
therefore averred that Respondent has cohabitated in such a way as would terminate alimony effective
as early as July 2007.
7. It is believed and therefore averred that Respondent is cohabitating at 3407 Hickory Hollow
Road, Harrisburg, Dauphin County, Pennsylvania with her paramour, Jim Evans.
8. Respondent's cohabitation is evidenced by the following:
a. Respondent's Change of Address filed with the Pennsylvania Department of
Transportation. Attached hereto and made a part hereof as `Exhibit B';
b. Respondent's Change of Address filed with her car insurance company. Attached
hereto and made a part hereof as `Exhibit C';
c. Fishing Creek Estates 2007 Homeowners Association Directory listing both
Respondent and Jim Evans as residence of 3407 Hickory Hollow Road, Harrisburg,
Dauphin County, Pennsylvania. Attached hereto and made a part hereof as `Exhibit D'.
6. Petitioner believes that, in view of the substantial change in circumstances as set forth above,
namely the cohabitation of Respondent, which change is of a continuing nature, said order for alimony
should be terminated and Petitioner be reimbursed for all payments of alimony since the date of
cohabitation.
WHEREFORE, Petitioner requests this Honorable Court to enter an order terminating the
present alimony order effective the date of cohabitation and order reimbursement of all alimony
payments made since said date to Petitioner.
Respectfully submitted,
DATE dw III
ABOM & KUTULAKIS, L.L. P.
P4, let
Kara W. Haggerty, Es '
Attorney ID No. 8691
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for the Defendant/Petitioner
I, KEITH S. KOEGEL, verify that the statements made in this Petition to Terminate and
Reimburse Alimony 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
Date: 1n ' 5' ?4 l?
KEITH S. KOMEL
CYNTHIA A. KOEGEL,
Plaintiff
VS.
KEITH S. KOEGEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - 5717 CIVIL
IN DIVORCE
THE MASTER: Today is Tuesday, May 25, 2004.
This is the date set for a hearing in the above captioned
divorce proceedings.
Present in the hearing room are the
Plaintiff, Cynthia A. Koegel, and her attorney Melissa Peel
Greevy, and the Defendant, Keith S. Koegel, and his attorney
P. Richard Wagner.
The complaint in divorce was filed on August
18, 2000, raising grounds for divorce of irretrievable
breakdown of the marriage and indignities. Counsel have
indicated that the parties will sign and affidavits of
consent and waivers of notice of intention to request entry
of divorce decree so that the divorce can be concluded under
Section 3301(c) of the Domestic Relations Code.
The complaint also raised economic claims of
equitable distribution, alimony, and counsel fees and
expenses.
The parties were married on November 3, 1979,
and separated December 13, 1999. There were no children
born of this marriage.
After negotiations this morning, the Master 11 A- I
EXHIBIT
1
has been informed that the parties have reached an agreement
with respect to the outstanding economic issues. The
agreement is going to be placed on the record in the
presence of the parties. The agreement as placed on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except
for correction of typographical errors which may be during
the transcription. The parties will return later today to
review the draft for typographical errors, make any
corrections as necessary, and then affix their signatures
affirming the terms of settlement as stated on the record.
Following receipt by the Master of a
completed agreement, the Master will prepare an order
vacating his appointment and counsel can then file a
praecipe transmitting the record to the Court requesting a
final decree in divorce. Mr. Wagner.
MR. WAGNER: Thank you. Husband and wife in
the presence of respective counsel do hereby promise,
convent and agree as follow:
1. Commerce Bank checking account, last four digits 0375,
shall become the sole and separate property of wife.
2. The Commerce savings account, last four digits 3706,
shall become the sole and separate property of wife, with
wife agreeing that within 48 hours of the date of the
execution of this agreement she shall pay onto husband the
sum of $20,000.00.
3. The Enterprise account, last four digits 4361, shall
become the sole and separate property of wife.
2
4. The TYCO benefit pension of husband shall become the
sole and separate property of husband.
5. The TYCO retirement savings and investment plan shall
become the sole and separate property of husband; however,
husband shall have cause to be prepared a QDRO wherein 25%
of the current value of $104,306.87 shall be payable to wife
into a pension plan 401(k), IRA, or other designated
account.
6. The IRA at Salomon Smith Barney shall become the sole
and separate property of wife.
7. The parties agree on or about March 29, 2001, husband
was in an automobile accident for which he received
$11,767.91 representing damage to the automobile that was a
marital vehicle. The parties agree that those proceeds were
payable to husband and remain the sole and separate property
of husband.
8. The parties own a horse trailer which said horse
trailer shall become the sole and separate property of wife.
9. The parties own a horse named Crystal and the parties
agree that the horse shall become the sole and separate
property of wife.
10. The 1999 Ford F-150 pick up truck which is currently
unencumbered shall become the sole and separate property of
wife.
11. Husband agrees to designate wife as 25% beneficiary of
the proceeds of policies on his life through his place of
employment through TYCO, or any subsequent employer that
provides life insurance to husband. In the event that
husband has subsequent employment for which there is no life
insurance made available as a benefit, or in the event that
husband is not employed and has no life insurance, husband
agrees that he shall purchase life insurance at a premium
not to exceed $25.00 per month and agrees to name wife 50%
beneficiary of the proceeds of that life insurance policy.
12. Each party agrees to execute whatever titles or
documents that are necessary to effectuate the provisions of
this agreement including but not limited to titles,
beneficiary designations and waiver forms. Said execution
will be by each party upon presentation from the other party
of the appropriate document.
13. In the event a QDRO is necessary to give effect to the
3
payment to wife of the 25% of husband's TYCO retirement
savings and investment plan, said QDRO shall be prepared
within 60 days of the date of this agreement. Said QDRO
shall be prepared by husband's counsel.
14. Each party agrees that whatever tangible personal
property is in possession of that person shall remain the
sole and separate property of the person having possession
of that and each party agrees to relinquish, waive and
discharge any and all right, title and interest in the
personal property in possession of the other.
15. Husband and wife agree that they shall be responsible
for their own counsel fees and each waives any claim for
counsel fees against the other. Husband and wife agree that
they shall waive any claims for support and/or alimony
pendente lite as against the other and both agree that the
current support obligation being paid by husband to wife
shall terminate upon the execution of this agreement.
16. Husband and wife agree that husband shall pay onto wife
the sum of $900.00 per month in the form of alimony. Said
payment to begin within thirty (30) days of the date of the
execution of this agreement.
In the event that there is any credit in the support
that has been paid by husband, wife agrees to allow husband
to deduct that credit from any future alimony payments. In
the event that there is an arrearage due, husband agrees to
pay that arrearage.
17. Both parties agree that the aforementioned provision of
alimony shall be subject to a review within three years;
however, either party may at any point in time, based upon a
change of circumstances, petition the Court for a review of
the alimony provisions contained herein.
The provisions contained herein regarding alimony shall
be payable through the Cumberland County Domestic Relations
Office. Both parties agree that they shall promptly notify
the Domestic Relations Office of the termination of the
spousal support obligation currently in effect in Cumberland
County. Both parties agree that they shall execute whatever
documents are necessary to give effect of the provisions of
the alimony contained herein.
Both parties agree that the provision regarding alimony
shall be terminated as contained in the provisions of the
no-fault divorce act, specifically in the event that wife
cohabitates or remarries there shall be no further
4
obligation of husband to pay alimony on to wife. And the
death of either party will terminate husband's alimony
obligations as contained in 3701, Title 23.
18. Husband and wife agree that wife applied for social
security and received a benefit part of which represented a
period of time that the parties were married and living
together. Husband agrees that wife shall retain all such
proceeds from social security and agrees to waive,
relinquish, and discharge any and all claim that he may have
against those proceeds.
19. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or
future laws of any jurisdiction to share in the property or
the estate of the other as a result of the marital
relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
MS. GREEVY: Cindy, you've been here
listening to Mr. Wagner describing the agreement that you
had discussed previously, do you understand the terms of the
agreement?
MS. KOEGEL: Yes.
MS. GREEVY: Have you had an opportunity to
talk with me about it and receive legal advice about it?
MS. KOEGEL: Yes.
MS. GREEVY: Are you now willing to enter
that agreement with the understanding that this is the final
agreement?
5
MS. KOEGEL: Yes.
MS. GREEVY: Subject to only to modification
in accordance with the agreement itself?
MS. KOEGEL: Yes.
MR. WAGNER: Keith, I am going to ask you a
series of questions if I can, please. Were you present
during the time that I dictated this purported agreement as
i
amended by your wife's counsel and as amended by Mr.
Elicker?
MR. KOEGEL: Yes.
MR. WAGNER: Did you understand the terms and
conditions as dictated on the record?
MR. KOEGEL: Yes.
MR. WAGNER: Do you agree with those terms
and conditions?
MR. KOEGEL: Yes.
MR. WAGNER: Do you agree that they shall be
entered as a contract setting forth all the rights, duties,
and obligations under the divorce code to bring finality to
this matter except as it relates to the provisions relating
to alimony?
MR. KOEGEL: Yes.
6
MR. WAGNER: With that in mind, do you want
this entered as an agreement between you and your wife?
MR. KOEGEL: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS- DATE:
l---
S
9
Melissa Peel Greevy
Aihnaeeyfor ey for Plaintiff
PWagner
Defendant
7
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PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
2/07/11 14:00
PAGE 1
110381183000041 002
OWNER CYNTHIA A KOEGEL
3407 HICKORY HOLLOW RD
HARRISBURG PA 17112
TITLE NUMBER 53914374
TAG NUMBER YHR4660
VIN : 1FTRX18L1XNC19828
MAKE FORD
MODEL
RENEWAL WID 102103903011478 001
PREVIOUS TAG ZD93853
LIENS NO
STOPS NO
LESSEE : NONE
TITLE DATE : 10/28/99
REGISTRATION EXPIRY DATE: 08/11
BODY TYPE TK
ODOMETER READING 25,026*
*ACTUAL MILEAGE
DUPLICATE TITLE COUNT 0
VEHICLE YEAR 1999
STOLEN DATE
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
INFORMATION: (8:00 AM TO 5:00 PM)
IN STATE 1-800-932-4600 m
OUT-OF-STATE 717-412-5300 =
TOD IN STATE 1-800-228-0676 W
TDD OUT-OF-STATE 717-412-5380
WWW.DOT.STATE.PA.US
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AND NOW, this I S_ day of November, 2011, I Kara
W. Haggerty, Esquire, of Abom &
Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for
To Terminate and Reimburse Alimony Because of Cohabitation of Recipient Spouse, upon the
Respondent by depositing, or causing to be deposited, same in the United States Mail, First-Class
Mail, postage prepaid addressed to the following:
Melissa Peel Greevy, Esquire
Johnson, Duffie, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, PA 17043
Attorney for PlaintOl Re fiondent
Respectfully submitted,
Abom & Kutulakis, L.L.P.
Kara W. Haggerty,
Supreme Court ID 8 zt
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Defendantl Petitioner
J
Johnson, Duffle, Stewart & Weidner
By: Melissa Peel Greevy
I.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
CYNTHIA A. KOEGEL
n/k/a CYNTHIA A. EVANS,
Plaintiff
V.
KEITH S. KOEGEL,
Defendant
Attorneys for Respondent
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5717 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
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MEMORANDUM OF LAW
L ISSUES
1) Whether this Court should dismiss Keith S. Koegel's Petition to Terminate and
Reimburse Alimony for lack of merit?
Short Answer: Yes. This Court should dismiss Petitioner Koegel's Petition to
Terminate and Reimburse Alimony based on three grounds:
1) The Order terminating Alimony effective February 14, 2011 became final on
March 7, 2011. Petitioner Keith Koegel did not demand a hearing as required by
said Order, despite having notice of possible changed circumstances.
2) The Agreement drafted and dictated onto the record by Petitioner's then
counsel does not impose a duty on Ms. Evans to notify Petitioner of remarriage
or cohabitation, nor does any relevant statute or case law; and
3) Cohabitation, so as to preclude receipt of alimony payments, is a fact
specific determination not readily determinable by a lay person.
I/. LAW & ARGUMENT
By Order of this Court dated February 15, 2011, The Honorable Wesley Oler, Jr.
terminated Petitioner Keith S. Koegel's alimony obligation to Cynthia A. Koegel n/k/a
Cynthia A. Evans ("Ms. Evans") due to her remarriage on February 14, 2011. The court
became aware of Ms. Evans' marriage by way of her letter on January 27, 2011 to the
Cumberland County Domestic Relations office informing them of her upcoming
wedding.
The Order stated, "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." (emphasis added).
Petitioner Koegel and his counsel of record received a copy of the Order and did
not file a written demand for a hearing as required by the Order, nor did he file any other
pleading related to the alimony obligation until November 1, 2011. The Order
terminating alimony effective February 14, 2011 became final on March 7, 2011.
It was not until November 1, 2011, more than ten (10) months after this Court's
Order, that Petitioner Koegel filed the instant Petition. No good or reasonable cause is
known to have existed for the delay in filing any pleading opposing the alimony
termination date as set forth in the Order.
Petitioner Koegel alleges that "since the entry of the said order, the
circumstances have changed, namely it is believed and therefore averred that the
Respondent has cohabitated in such a way as would terminate alimony effective as
early as July 2007." Petition to Terminate and Reimburse Alimony, 16.
It is apparent from the date on Petitioner's Exhibit C, attached to Defendant's
Petition, that Petitioner Koegel had notice no later than February 7, 2011, via
information obtained by his private investigator, that Ms. Evans had changed her
address with the Department of Transportation Vehicle Record Services. Petitioner
Koegel is attempting to persuade this Court to allow an untimely Petition to appeal a
final Order. This Court should dismiss Mr. Koegel's Petition as lacking merit because
the allegations upon which his petition is based were known by him even before the
Court's February 15, 2011 Order and he failed to timely demand a hearing de novo
seeking a retroactive date prior to the date of marriage.
Petitioner argued that the Respondent had a duty to inform Domestic Relations
of her alleged cohabitation. Even if Petitioner could prove cohabitation by Respondent,
no statutory duty of notification exists that requires the recipient of alimony to notify the
payor of potential cohabitation. In Long v. Long, No. 94-2035 Civil Term, the Honorable
Edgar B. Bayley found that "...it is not for the person awarded alimony to make the
legal determination that she is cohabiting," noting that "[t]here is no statute requiring a
person receiving alimony to give any type of notice to the payor." He found that "[i]t is
not for this court to create a duty of notification where none has been established under
the law." This Order and opinion were affirmed per curiam by the Superior Court of
Pennsylvania on December 1, 2006. Long v. Long, 915 A.2d 157 (Pa. Super. 2006).
There is no reason for this Court to create a duty of notification in this case. To do so
would effectively be legislating from the bench.
Petitioner argues Respondent had a duty to notify the Domestic Relations Office
of her alleged cohabitation based on their Agreement. This argument fails for three
reasons.
First, it is a well-known rule of contract interpretation that a contract is to be
construed most strongly against the drafting party. Unit Vending Corp. v. Lacas, 410
Pa. 614, 190 A.2d 298 (1963). Here, the Agreement was dictated onto the record by
then counsel for Petitioner Koegel, after having every opportunity to include a notice
requirement as to remarriage and/or cohabitation.
The Agreement was executed on May 25, 2004 at the Divorce Master's office by
the parties, both of whom were represented by counsel. The Agreement represents a
comprehensive settlement of the parties' legal and financial circumstances arising from
their marriage and contains provisions dealing with bank accounts, insurance, pensions,
personal property, automobiles, in addition to provisions dealing with the subject of
spousal support and alimony. Prior to reading the Agreement onto the record the
Divorce Master stated to both parties and their counsel that "[t]he agreement as placed
on the record will be considered the substantive agreement of the parties not subject to
any changes or modifications except for corrections of typographical errors which may
be during the transcription." (emphasis added). The parties signed the Agreement as
transcribed a few hours later.
The provision in the agreement dealing with spousal support explicitly required
both parties to notify the Domestic Relations Office of the termination of the spousal
support obligation. However, the subsequent paragraph addressing alimony contained
no such notice requirement in the event that Ms. Koegel remarried or began
cohabitating. Clearly, the topic of notification requirements were contemplated by the
parties when they agreed to notify Domestic Relations to discontinue spousal support
because the Decree was soon to be entered. However, no such duty was included in
the Agreement with regard to remarriage or cohabitation. Had Petitioner desired such a
duty be placed upon Respondent, this could have, and should have, been included in
the Agreement. Instead, after the Agreement was read onto the record, Petitioner's
counsel asked, and Mr. Koegel affirmed, that he understood and agreed with the terms
and conditions of the agreement as dictated on the record and that it was his desire to
enter and be bound by the Agreement. This Court should not now allow Petitioner
Koegel to add new and additional terms to an enforceable, clear agreement that was
fairly negotiated and agreed to by both parties.
Finally, the fact specific nature of a "cohabitation" determination would make the
imposition of a notice requirement patently unreasonable. Whether an alimony recipient
is cohabitating is a factual determination which is often a very close question for the
court, dependant upon the unique facts of each case. See Miller v. Miller, 352 Pa.
Super. 432, 508 A.2d 550 (1986). Creating a duty of notification on the recipient of
alimony is unreasonable and impracticable because a lay person will often not know
whether their circumstances meet the legal definition of "cohabitation."
This Court should dismiss Keith S. Koegel's Petition to Terminate and Reimburse
Alimony because the Order terminating alimony effective February 14, 2011 became
final on March 7, 2011, and Petitioner Koegel failed to file any pleading opposing the
termination date until November 1, 2011. Moreover, Ms. Evans did not have a duty to
inform Petitioner Koegel of possible cohabitation because no such duty was created by
the parties negotiated Agreement, nor is such a duty imposed by statute or case law.
JOHNS DU IE, STEWART & WEIDNER
476264 Melissa P. Greevy
CERTIFICATE OF SERVICE
AND NOW, this 13th day of January, 2012, the undersigned does hereby certify
that she did this date serve a true and correct copy of the foregoing Respondent's
Memorandum of Law upon the counsel for the Petitioner by causing same to be
deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
Kara W. Haggerty, Esquire
Abom & Kutulakis, LLP
2 West High Street
Carlisle, PA 17013
JOHNSON,VUFFIE, STEWART & WEIDNER
Melissa Peel Greevy, Esquire
CYNTHIA A. KOEGEL,
PLAINTIFF
V.
KEITH S. KOEGEL,
DEFENDANT
AND NOW, this
ORDER OF COURT
day of February, 2012, Defendant's petition to
terminate and reimburse alimony because of cohabitation of recipient spouse is
DISMISSED.
By the Court,
Albert H. Masland,
•? Melissa Peel Greevy, Esquire
For Plaintiff
V Kara W. Haggerty, Esquire A -D -r
For Defendant
r-4
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,ew
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 00-5717 CIVIL TERM
CYNTHIA A. KOEGEL, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KEITH S. KOEGEL,
DEFENDANT 00-5717 CIVIL TERM
MEMORANDUM OPINION AND ORDER OF COURT
Masland, J., February 8, 2012:--
Before the court is Husband's petition to terminate and reimburse alimony
because of the subsequent cohabitation of recipient spouse. Following argument
on December 9, 2011, the parties were afforded an opportunity to submit brief
memoranda to the court. Upon consideration of the petition, answer, arguments
and memoranda, we are constrained to dismiss the petition for the reasons
briefly set forth hereafter.
First of all, we disagree with Husband's interpretation of Paragraph 17 of
the Agreement entered into before the Cumberland County Divorce Master. The
language requiring the parties to promptly notify the Domestic Relations Office,
refers to the termination of spousal support. With respect to the payment of
alimony, there is nothing in the Agreement that places an affirmative duty on Wife
to notify Husband in the event of subsequent cohabitation.
Secondly, we find the opinion of the Honorable Edgar B. Bayley in Long v.
Long, 94-2035 Civil Term, to be not only persuasive, but also controlling wherein
he stated that "... it is not for the person awarded alimony to make the legal
determination that she is cohabiting," nor is there any statute "requiring a person
receiving alimony to give any type of notice to the payor."
00-5717 CIVIL TERM
Thirdly, even if Wife had a duty to inform Husband of her cohabitation
(which in all likelihood did occur prior to the date alimony was terminated),
petitioner failed to promptly appeal from the order of court entered by the
Honorable J. Wesley Oler, Jr. on February 15, 2011. As noted in Wife's
response to the petition, Husband was aware on February 7, 2011, at the latest,
that Wife had changed her address and could have filed a timely appeal
requesting a hearing within twenty days of Judge Oler's order. Having failed to
do so, we are constrained to dismiss the appeal despite the apparent equities
that argue for at least partial reimbursement of alimony. In sum, we find no
grounds to grant Husband the requested relief. Accordingly we enter the
following order:
AND NOW, this
ORDER OF COURT
d day of February, 2012, Defendant's petition to
terminate and reimburse alimony because of cohabitation of recipient spouse is
DISMISSED.
By the Court,
Albert H. Masland, J.
Melissa Peel Greevy
Esquire -:
,
For Plaintiff
Kara W. Haggerty
Esquire
,
For Defendant -cr 4o w
:saa
-2-
.
....
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co.lCity/Dist. of CUMBERLAND
Date of Order/Notice 07/14/06
Case Number (See Addendum for case summary)
084102851
00-5717 CIVIL
o Original Order/Notice
o Amended Order/Notice
<9 Terminate Order/Notice
TYCO ELECTRONICS
M S 161 051
PO BOX 3608
HARRISBURG PA 17105-3608
RE: KOEGEL, KEITH S.
Employee/Obligor's Name (last, First, MI)
203-52-8092
Employee/Obligor's Social Security Number
4832100663
Employee/Obligor's Case Identifier
r5<>e Addendum for ~int;ff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, Mil
EmployerMlithholder's Federal EIN Number
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in current and past-due medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 0,00 per month to be forwarded to payee below,
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0 . 00 per weekly pay period.
$ 0 .00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SeDU) Employer
Customer Service at 1-677-676-9560 for instructions.
Make Remittance Payable to: PA SCOU
Send check to: Pennsylvania SCOU, P,O, Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEfENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED,
DO NOT SEND CASH BY MAIL.
BYT
Bayley,
ge
Form EN-028
Worker ID $IATT
Date of Order:
JUL 1 7 2006
000: R,J, Shadday
Service Type M
OMB No.: 0970-0154
,
...
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If ~hecked you are required to prp~ide a copy of this form to your ~mployee. If your employee works in a state that is
ditterentTrom 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. * Rc....url;lIg tile F'aydcth:i'D.:..lc: v{V\:al,llold;1I5' '{Ol,.l IIIU~llepolt tile paydaleldale uf YY;tl,l,okJ;"5 nlu::;lI selld;H5 tile lJelylllelll. Tile
payddteJJate of yv;1I.I.olJ;l1g;5 t11'C Jette VII yv),;dr clllv..ml was. vvaltl.eld flu.., tile I::'1I1",lvyc'l:;"':;l vvages. You must comply with the law of the
state of the employee's1obligor'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's1obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See 1/9 below)
S. 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 retum a copy of this Order/Notice to the Agency identified below.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2303325750
EMPLOYEE'S/OBlIGOR'S NAME: KOEGEL, KEITH S.
EMPLOYEE'S CASE IDENTIFIER: 4832100663 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. liability: If you fail to withhold income as the Order/Notice directs, you are liabie 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-<liscrimination: 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 (1 5 U .5.c. ~1673 (b)1; or 2) the amounts allowed by the State of the employee's1obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 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 amounts allowed under the law of the state that issued the order.
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. Submitted By:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-Ol8
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
"
..
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: KOEGEL, KEITH S.
PACSES Case Number 084102851
Plaintiff Name
CYNTHIA A. KOEGEL
Docket Attachment Amount
00:s7l7 CIVIL$ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligo~s employment.
PACSES Case Number
Plaintiff Name
P ACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(renl's Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(renl's Name(s):
DOB
011 ~~:ck:';,;o~~;:r~~;;:';t~~nroll the ch ild(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
Addendum
Form EN-02a
Worker JD $IATT
Service Type M
OMB No.: 0970-0154
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsvlvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 07/14/06
Case Number (See Addendum for case summary)
084102851
00-5717 CIVIL
@Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
EmployerlWithholder's Federal fIN Number
RE: KOEGEL, KEITH
S.
Employee/Obligor's Name (Last, First, Mil
203-52-8092
Employee/Obligor's Social Security Number
4832100663
Employee/Obligor's Case Identifier
(S.. Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (last, First, Mil
INTERCON SYSTEMS INC
C/O PAYROLL
2800 COMMERCE DR
HARRISBURG PA 17110-9307
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: 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.
$ 900.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in current and past-due medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 900.00 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:
$ 207.69 per weekly pay period.
$ 415.38 per biweekly pay period (every two weeks).
$ 450.00 per semimonthly pay period (twice a month).
$ 900.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate!date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: P A SCDU
DID: R.J. Shadday
Service Type M
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEfENDANT'S NAME AND THE PACSES MEMBER 10 (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 E COUR t"J)
Date of Order: JUL 1 7 2006 ". '.f \(&1 ~
Edgar B. Bayley, " J1.rlge
Form EN-02a
Worker ID $IATT
OMS No.: 0970.0154
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If.~hecked you are required. to prpvipe a ,opy 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 provide<! to your employee even If the box IS not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legai process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federai tax levies in effect piease contact the requesting
agency listed beiow.
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. * Repo,lihg tile r aydClbdDate of 'vVaLlrvld;1I5' YOu IlIu:t1 re",vll tile fJdyJater'Jate v{ n:Llrl,old;1I5 VVI";::'H ;)'l;;lId:1I5llie paylm:::llt. Tile
pClydatoci'ddte of ~'W;tl,I,Old;lIg i:.ll.e ddte 0..1 nlli"'. clIllvUhl VVd:t vvitl.l.eld tlUlI1 tin: flll..,loy'l::=,\::';' VVClses. 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 (orward 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 suppon Order/Notices due to Federal or State withholding limits, you must follow
the law of the state o( employee's/obllgor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possibie. (See #9 below)
S. 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.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 827S100082
EMPLOYEE'S/08l1GOR'S NAME: KOEGEL, KEITH S.
EMPLOYEE'S CASE IDENTIFIER: 4832100663 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: !fyou 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 uniess
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 empioyment,
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 Federai Consumer Credit
Protection Act (15 U.S.c. !i1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposabie weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 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 amounts allowed under the law of the state that issued the order.
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.Submitted By: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at <717\ 240-6248 or
CARLISLE PA 17013 by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 097().{l154
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: KOEGEL, KEITH S.
PACSES Case Number 084102851
Plaintiff Name
CYNTHIA A. KOEGEL
Docket Attachment Amount
00-5717 CIVIL$ 900.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DaB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DaB
Olf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DaB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DaB
Olf checked, you are required to enroll the child(ren)
identified above in any heaith insurance coverage availabie
through the employee'slobligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the empioyee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DaB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DaB
Olf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage availabie
through the employee'slobligor's employment.
Olfchecked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
Addendum
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 097()..()154
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