HomeMy WebLinkAbout01-3084
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
EILEEN CLINE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, DI- 3oPI..{
: CIVIL ACTION - LAW
: IN DIVORCE
CZ0~L ~~
ANDREW H. CLINE,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action, You are warned that if you fail to do so,
the case may proceed without you and a Decree of Divorce or annulment may be entered
against you by the Court. A judgement may also be entered against you for any other claim
or relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you,
When the ground for divorce is indignities or irretrievable breakdown ofthe
marriage, you may request marriage counseling, A list of marriage counselors is available
in the Office of the Prothonotary at the Cumberland County Courthouse, Cumberland,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
~
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND, COUNTY, PENNSYLVANIA
:NO, 01- 306'1 ~ --r~
EILEEN CLINE,
Plaintiff
ANDREW H. CLINE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
I. Plaintiff is Eileen Cline, who has resided at 2536 South Carbon Street,
Allentown, Lehigh County, Pennsylvania, for approximately the last two months.
2. Defendant s Andrew H. Cline, who has resided at 257 Carol Street, New
Cumberland, Cumberland County, Pennsylvania, for approximately the last ten years.
3, Plaintiff and Defendant have been bona fide residents in the Commonwealth
for at least (6) months immediately previous to the filing of this Complaint,
4. Plaintiff and Defendant were married on March 2, 1984 in Allentown, Lehigh
County, Pennsylvania.
5, There have been no prior actions of divorce or for annulment between the
parties.
6. Neither of the parties in this action is presently a member of the Armed
Forces.
7, The Plaintiff and Defendant are both citizens of the United States.
8, Plaintiff has been advised of the availability of marriage counseling and that she
may have the right to request the Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require the parties to participate
in counseling prior to a divorce decree being handed down by the Court.
9. Plaintiff avers that there are children of the parties under the age of eighteen
(18), namely; Haley Andrea Cline, born August 19, 1988, and Catherine Ann Cline, born
July 14, 1990.
COUNT I - DIVORCE
10. Paragraphs one (1) through nine (9) are incorporated herein by reference as
though set forth in full.
11. Plaintiff avers that the grounds on which the action is based are as follows:
That the marriage is irretrievably broken.
COUNT II - EOUlTABLE DISTRIBUTION
12. Paragraphs one (1) through eleven (11) are incorporated herein by reference
as though set forth in full.
13. During the marriage, Plaintiff and Defendant have acquired various items of
marital property, both real and personal, which are subject to equitable distribution under
Chapter 35 of the Divorce Code.
COUNT III - ALIMONY. ALIMONY PENDENTE LITE.
ATTORNEY'S FEES AND COSTS
14, Paragraphs one (1) through thirteen (13) are incorporated herein by
reference as though set forth in full.
15. Plaintiff lacks sufficient property to provide for her reasonable needs.
16. Plaintiff is unable to sufficiently support herself through appropriate
employment.
17, Defendant has sufficient income and assets to provide continuing support for
the Plaintiff.
18. By reason of this action, Plaintiff will be put to considerable expense in the
preparation of her case in the employment of counsel and the payment of costs.
19. Plaintiff is without sufficient funds to support herself and to meet the costs
and expenses of this litigation and in unable to appropriately maintain herself during the
pendency ofthis action.
20. Plaintiffs income is not sufficient to provide for her reasonable needs and
pay her attorney's fees and the costs of this litigation,
21, Defendant has adequate earnings to provide for the Plaintiff s support and to
pay her counsel fees, costs and expenses.
WHEREFORE, Plaintiff requests this Honorable Court:
a, Enter a decree of divorce;
b. Equitably distribute all property, both personal and real, owned by the
parties;
c. Compel Defendant to pay Alimony Pendente Lite to Plaintiff;
d, Grant Plaintiff attorney's fees and costs;
e. Compel Defendant to pay alimony to Plaintiff;
f. Grant such other relief as the Court may deem equitable and just.
Date: 5)8 Ii
By:
210 Grandview Avenue, Suite 102
Camp Hill, P A 170 II
Telephone No. (717) 909-4060
Attorney for Plaintiff
VERIFICATION
I, EILEEN CLINE, hereby verifY and state that the facts set forth in the
foregoing are true and correct to the best of my information, knowledge and
belief, I understand that false statements herein are made subject to the penalties
of 18 Pa, C,S.A, 94904 relating to unsworn verification to authorities.
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i~EN CLINE
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
EILEEN CLINE,
Plaintiff
v.
ANDREW H. CLINE,
Defendant
IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
NO, 01-3084 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, DONALD T, KISSINGER, ESQUIRE, do hereby accept service of a true and correct
copy of the Complaint in Divorce directed to my client, ANDREW H. CLINE, Defendant in the
above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b),
DATE 0'/
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MARIA p, COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney 1.0. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
EILEEN CLINE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO, 01-3084
ANDREW H, CLINE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330I(c) of the Divorce Code was
filed on May 21, 2001.
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, Section 4904
relating to unsworn falsification to authorities,
Date: 51:;)~lo~
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EII;EEN CLINE
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI. ESQUIRE
Attorney 1.0. No. 27914
210 Grandview A venue, Suite 102
CampHill,PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
EILEEN CLINE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO, 01-3084
ANDREW H. CLINE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE UNDER
~ 3301(c) OF THE DIVORCE CODE
I, 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! 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. S 4904 relating to unsworn
falsification to authorities,
DATE: O\d.~\O.:L-
{/:~ am,
EI~EEN CLINE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
EILEEN CLINE,
Plaintiff
v.
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN DIVORCE
NO. 01-3084
ANDREW H. CLINE,
Defendant
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under 93301(c) ofthe Divorce Code was filed on
May 21. 2001.
2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice.
2, I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses in 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 above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C,S, 94904 relating to unsworn
falsification to authorities,
Date:
?~62
"
EILEEN CLINE,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
NO, 01 - 3084 CIVIL
ANDREW H, CLINE,
Defendant
IN DIVORCE
TO: Maria P. Cognetti
Attorney for Plaintiff
John C. Howett, Jr,
Attorney for Defendant
DATE: Wednesday, October 31, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
Inventory and Appraisement, Income and Expense, complete documentation of
parties' assets.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery,
Interrogatories and a Request for Production of Documents will be sent to
Defendant's attorney, Plaintiff will need approximately 6 months to complete her
discovery .
IIIJ-Io(
DATE
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION, HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY,
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
Commonwealth of Pennsylvania
County of Cumberland, 55:
EILEEN CLINE,
Plaintiff
v.
ANDREW H. CLINE,
Defendant
)
)
)
)
)
)
)
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 01-3084 CIVIL TERM
Motion for Appointment of Master
ANDREW H. CLINE, Defendant moves the court to appoint a master with respect to the
following claims:
(X)
()
(X)
(X)
Divorce
Annulment
Alimony
Alimony Pendente Lite
and in support of the motion states:
(X)
()
(X)
(X)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
1.
is requested.
Discovery is complete as to the claims for which the appointment of a master
2.
Esquire.
The plaintiff has appeared in this action by her attorney, Maria P. Cognetti,
3.
The statutory grounds for divorce are ~330 I (c).
The action is contested with respect to the following claims: Divorce, Alimony,
Alimony Pendente Lite, Distribution of Property, Counsel Fees, Costs and
Expenses.
4.
5.
The action does not involve complex issues of law or fact.
6.
The hearing is expected to take two days.
Date: 7/0 ;:i:n;l informatlO~:.~:~Ie;::l~e
(.l9~'~~~~ h~ Esquir Attor ey for Defendant
AND NOW, /}d~~u3J,2001, I) /f!~A~' f"Yh{,Esquireis
appointed m~espect to the following claims:
None
BY THE COURT:
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EILEEN CLINE,
Plaintiffi'Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CML ACTION - DIVORCE
ANDREW H. CLINE,
Defendant/Respondent
NO. 01-3084
IN DIVORCE
DR# 30910
Pacses# 743103718
CIVIL TERM
ORDER OF COURT
AND NOW, this 10'" day. of August, 200.1, upon consideration.ofthe attached Petition for.
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel
appear before R.J. Shaddav on September 20.2001 at 9:00 A.M for a conference, at 13 N. Hanover St.,
Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony
Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
19l 0,11 C>
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
8-10-01 to:
Petitioner
< Respondent
Maria Cognettie, Esquire
Donald Kissinger, Esquire
i (1. ;JL~U(r
R. J. Slday, Conference Officer
Date of Order: August 10,2001
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVE,
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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\\Ntsb\family law\Client Dircctory\Cline-Eileen\pleadings\Motion for Hearing on APL.wpd
July 24, 2001
MARIA p, COGNETTI & ASSOCIATES
MARIA p, COGNETTI, ESQUIRE
Attorney 1.0. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
EILEEN CLINE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3084 CIVIL TERM
ANDREW H. CLINE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION FOR HEARING
AND NOW, comes the Plaintiff, Eileen Cline, by her attorney, Maria p, Cognetti,
Esquire, and moves the Court to enter an Order setting the case for hearing and respectfully
represents that:
1. Plaintiff is Eileen Cline who currently resides at 2536 South Carbon Street,
Allentown, Lehigh County, Pennsylvania,
2. Defendant is Andrew H. Cline, who currently resides at 257 Carol Street, New
Cumberland, Cumberland County, Pennsylvania.
3. On May 21, 2001, Plaintiff filed a Complaint for Divorce which contained a Count for
alimony pendente lite.
4. Plaintiffs is requesting this Court schedule a conference on the issue of alimony
pendente lite.
\\Ntsb\family law\Client Directory\Cline-Eileen\pleadings\Motion for Hearing on APL.wpd
July 24, 2001
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order setting this matter
for conference,
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: July 24, 2001
By:
fA /
MA:GN' I, ESQUIRE
Attorney LD, No, 27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
2
\\Ntsb\family law\Cli~nt Directory\Cline.Eileen\pleadings\Motion for Hearing on APL.wpd
July 24, 2001
CERTIFICATE OF SERVICE
I, Maria p, Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this
date 1 served the foregoing Motion for Hearing by depositing a true and exact copy thereof in the
United States mail, first class, postage prepaid, addressed as follows:
Donald T, Kissinger, Esquire
HOWETT KISSINGER & CONLEY
130 Walnut Street
P,O, Box 810
Harrisburg, P A 17108
Date: July 24, 2001
By:
MARIA P. COGNETTI & ASSOCIATES
~~~
Attorney LD. No, 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA I70Il
Telephone No. (717) 909-4060
Attorney for Plaintiff
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DR 30910
PACSES ID 743103718
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNfY, PENNSYLVANIA
: DOMESTIC RELATIONS SECfION
CIVIL ACTION - LAW
EILEEN CLINE,
Plaintiff/Petitioner
ANDREW H. CLINE,
Defendant/Respondent
NO, 01-3084 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of September, 2001, based upon the Court's determination that
Petitioner's monthly net income/earning capacity is $976.16 per month and Respondent's monthly net
income/earning capacity is $5,906,08 per month, it is hereby Ordered that the Respondent pay to the
Pennsylvania State Collection and Disbursement Unit, $1,144.00 per month payable bi-weekly as
follows; $528.00 bi-weekly for alimony pendente lite and $0,00 on arrears, First payment due with
on next pay date. Arrears set at $2,288,00 as of Septembe 20, 2001. The effective date of the order is
July 26, 2001.
Consideration is given for Plaintiff having an obligation of support for the parties' two
children that are in the care and cutody of Defendant pursuant to Rule 1910.16-4(E).
Plaintiff is to confirm the amount of direct payment that was paid to her since the date of
filing within five (5) days from this date,
Defendant is to directly pay the balance to Plaintiff, after confirmation of all credit, within five
(5) days after confirmation of said credit.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa,C.S,g 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order, including,
but not limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the PA SCDU to: Eileen Cline. Payments must be made by
check or money order. All checks and money orders must be made payable to PA SCDU and mailed
to:
PASCDU
P,O. Box 69110
Harrisburg, P A 17106-911 0
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Payments must include the defendant's PACSES Member Number or Social Security Number in
order to be processed, Do not send cash by mail.
Unreimbursed medical expenses that exceed $250,00 annually for spouse are to be paid 69%
by the respondent and 31 % by petitioner. The petitioner is responsible to pay the first $250,00
annually in unreimbursed medical expenses, Respondent to provide medical insurance coverage,
This Order shall become final ten days after the mailing of the notice of the entry of the Order
to the parties unless either party files a written demand with the Prothonotary for a hearing de novo
before the Court,
DRO: R. J. Shadday
Mailed copies on
9-21-01 to: <
BY THE COURT,
Petitioner
Respondent
Maria Cognetti, Esquire
Donald Kissinger, Esquire
7' ~ 4-
Kevin A, Hess J,
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
M.-. eN - 3t/iJ<; c> f V/ L
State Commonwealth of Pennsylvania jJJ-I(!'~f (' "7'd "'3 r,
Co./City/Dist. of CUMBERLAND .) / ",:;5/v 7/ If
Date of Order/Notice 09/20/01 lJ/C 31f7/CJ
Court/Case Number (See Addendum for case summary)
@Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
EmployerlWithholder's Federal EIN Number
COMMONWEALTH OF PA
EmployerlWithholder's Name
C/O PAYROLL OPERATIONS
EmployerlWithholder's Address
ATTACHMENTS RESEARCH UNIT
PO BOX 8006
HARRISBURG PA 17105-8006
) REo CLINE, ANDREW
) Employee/Obligor's Name (Last, First, MD
) 196-42-8874
) Employee/Obligor's Social Security Number
) 4667100826
) Employee/Obligor's Case Identifier
) (5f!e Addendum for plaintiff names assodated with cases on attachment)
) Custodial Parent's Name (last, First, Mil
)
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 dedud 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.
$ 1,144,00 per month in current support
$ 0,00 per month in past-due support Arrears 12 weeks or greater? Oyes Q() no
$ 0,00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 1, 14 4 . 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:
$ 264,00 per weekly pay period.
$ 528,00 per biweekly pay period (every two weeks).
$ 572.00 per semimonthly pay period (twice a month).
$ 1.144,00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10l 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
dedud a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
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 pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Co/ledions and Disbursement Unit (SCDUl Employer
Customer Service at 1-877-676-9580 for instrudions,
Make Remittance Payable to: PA SCDU
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.
Date of Order:
SEP ~ ~ ,00\
BY THE COURT:
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KGvlAI If H5.S.
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Service Type M
MJqSI'''' ~D'
:~rj:lbi~t
QMB No.: 0970-0154
Expiration Date: 12/31/00
::7uj)t.e
Form EN-028
Worker ID $IATT
C: ~,; : ' -'. j
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
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 0f Withh0lding. Y0U must rep0rt the ~ayJate!date 0fwithh01ding "hen sending the payment. The
paydate/Jate of withholding is the date on which cllll0Ul1t was withheld fl'Onl th'C': erllploycc's Vv'clgtS. You must comply with the law of the
state of the employee's/ob/igor'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.
WITHHOLDER'S ID: 2321722990
EMPLOYEE'S/OBLlGOR'S NAME: CLINE, ANDREW
EMPLOYEE'S CASE IDENTIFIER: 4667100826 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 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 (15 U.S,c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligar'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.
10.
'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,
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N, HANOVER ST
P,O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contad
by telephone at (717) 24()"6225 or
by FAX at (717) 24()"6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Dale: 12/31/00
PACSES Case Number
Plaintiff Name
EILEEN CLINE
Docket Attachment Amount
01~ CIVIL $ 1,144.00
Child(ren)'s Name(s):
Defendant/Obligor:
74310371~~~/~
ADDENDUM
Summary of Cases on Attachment
CLINE, ANDREW
PACSES Case Number
Plaintiff Name
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'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's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0,00
Child(ren)'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 chi/d(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'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(renl
identified above in any health insurance coverage available
through the employee's/obJigor's employment.
o If checked, you are required to enroll the chi/d(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
Addendum
Form EN-028
Worker ID $IATT
OMBNo.:097Q.0154
Expiration Date: 12/31/00
._,.,._..~._- -~ -'''.- -...-
\\Ntsb\family law\Cliellt Directory\Clille_Eileell\pleadillgs\Appeal_ Demalld for Hearillg-Cumb Co_wpd
9/25/01
DR 30910
PACSES ID 743103718
EILEEN CLINE,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: CIVIL ACTION - LAW
ANDREW H. CLINE,
DefendantlRespondent
: NO. 01-3084 CIVIL TERM
DEMAND FOR HEARING
DATE OF ORDER: September 20, 2001
AMOUNT: $1144.00 per month
FOR: Alimony Pendente Lite
REASON(S):
I. Hearing Officer erred by failing to attribute Defendant with an earning capacity equal to
his salary at his prior employment.
2, Hearing Officer erred by attributing Plaintiff with an earning capacity when she has not
worked outside the home in approximately 13 years.
3. Hearing Officer erred by making-pjaintiffs child support obligation effective 7/26/01 when
Defendant only filed his Child Support Complaint on 9/10/01.
PARTY FILING DEMAND FOR HEARING: Eileen Cline, Plaintiff /Petitioner
'I!~s /0/
Date
;te~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
EILEEN CLINE,
Plaintiff
)
)
)
)
)
)
)
NO. 01-3084 CIVIL TERM
v.
ANDREW H. CLINE,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE
Defendant, Andrew H. Cline, by and through his counsel, Howett, Kissinger and Conley,
P.e., hereby files this Answer and Counterclaim to Complaint in Divorce:
ANSWER
1-13. Admitted.
14, No answer required.
15-21. Denied. It is denied that Plaintiff is without sufficient property to provide
for her reasonable needs and is unable to sufficiently support herself through appropriate
employment. To the contrary, Plaintiff has sufficient property to provide for her reasonable
needs and is able to sufficiently support herselfthrough appropriate employment. It is denied
that Defendant has sufficient income and assets to provide continuing support for the Plaintiff,
To the contrary, given the fact that Defendant is the sole support at this time of his minor
children, he does not have sufficient income and assets necessary to provide continuing support
for the Plaintiff. It is further denied that Plaintiff is without sufficient funds to meet the costs and
expenses of this litigation and that Defendant has adequate earnings to pay Plaintiff s counsel
fees, costs and expenses. To the contrary, Plaintiff will receive sufficient funds through
equitable distribution to pay her counsel fees, costs and expenses, and Defendant, who will have
to pay his own counsel fees, costs and expenses from his equitable distribution share, will be
unable to pay Plaintiffs.
COUNTERCLAIM
22. The prior paragraphs of this Answer and Counterclaim to Complaint in Divorce
are incorporated herein by reference thereto.
COUNT I - DIVORCE PURSUANT TO ~3301(a)(6)
OF THE DIVORCE CODE
23. Plaintiff has offered such indignities to Defendant, who is the innocent and
injured spouse, as to render Defendant's condition intolerable and life burdensome,
24. This action is not collusive,
WHEREFORE, Defendant respectfully requests the Court to enter a decree in divorce
pursuant to 9330I(a)(6) of the Divorce Code.
COUNT 11- DIVORCE PURSUANT TO ~3301(a)(2)
OF THE DIVORCE CODE
25, Defendant avers that he is entitled to a divorce on the grounds that the
Plaintiff has committed adultery in violation of her marriage vows and in violation of Section
3301(a)(2) of the Divorce Code.
26, Defendant has been advised ofthe availability of counseling and that
Defendant may have the right to request that the Court require the parties to participate in
counseling.
27. This action is not collusive.
28. There have been no prior actions for divorce or annulment ofthe marriage
between the parties instituted by either ofthem in this or any other jurisdiction,
WHEREFORE, Defendant respectfully requests the Court to enter a decree in divorce
pursuant to s3301(a)(2) ofthe Divorce Code.
Date: (0 '(fb -1) \
Respectfully submitted,
.. ..~jl{ C
J~owett, Jr., E uire ~-.:J
HOWETT, KISSINGER & CONLEY, P.c.
130 Walnut Street / P,O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Defendant Andrew H, Cline
VERIFICATION
I, Andrew H. Cline, hereby swear and affirm that the facts contained in the foregoing
Answer and Counterclaim to CClnPlaLnt in Divorce
are true and
correct to the best of my knowledge, information and belief and are made subject to the penalties
of 18 Pa,C.S, ~4904 relating to unsworn falsification to authorities.
Date:
0r'tober 25, 2001
~~~'" t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v,
)
)
)
)
)
)
)
NO, 01-3084 CIVIL TERM
EILEEN CLINE,
Plaintiff
ANDREW H, CLINE,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, John C, Howett, Jr., Esquire, counsel for Andrew H. Cline, Defendant in the above-
captioned action, hereby certify that a true and correct copy ofthe foregoing Answer and
Counterclaim to Complaint in Divorce was served upon Maria p, Cognetti, Esquire, counsel for
Plaintiff Eileen Cline, by depositing same in the United States mail, first class, on October 26,
2001, addressed as follows:
Maria p, Cognetti, Esquire
MARIA p, COGNETTI & ASSOCIATES
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Date: I 0 ~J..t.on I
d:~f.1j &q.rr
HOWETT, KISSINGER & ~LE P.C.
130 Walnut Street / P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Andrew H. Cline
C
l
:::~
\) l .,
t,.
\;.
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI. ESQUIRE
Attorney I.D. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No. (7] 7) 909-4060
Attorneys for Plaintiff
EILEEN CLINE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO, 01-3084
ANDREW H. CLINE.
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE FOR BILL OF PARTICULARS
TO THE PROTHONOTARY:
Kindly enter a Rule upon Defendant, Andrew H, Cline, to file a Bill of Particulars on
the fault counts of the Complaint in Divorce within twenty (20) days after service of the Rule or
judgment of non pros,
IJ~!
MariaP,
AND NOW. this ~ay of .A)()( )F~
,2001, a Rule is entered upon
Defendant, Andrew H, Cline, to file a Bill of Particulars within twenty (20) days after the service
of the Rule or judgment of non pros,
(l:n:::, ) k:dcr
~l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EILEEN CLINE,
v.
)
)
)
)
)
)
)
NO. 01-3084 CIVIL TERM
Plaintiff
ANDREW H. CLINE,
Defendant
CIVIL ACTION - LAW
IN DNORCE
BILL OF PARTICULARS
In compliance with the Rule entered on November 6,2001 by the Prothonotary in the
above-captioned action, Defendant Andrew H, Cline (hereinafter referred to as "Husband")
submits the following Bill of Particulars:
I, Plaintiff Eileen Cline (hereinafter referred to as "Wife") has a history of
alcoholism and despite Husband's support, of unsuccessful and insincere attempts at treatment
throughout the parties' marriage.
2. During the period commencing in the mid 1990s Wife had become very
aggressive and physically violent with Husband and the children.
3. During the period commencing the mid 1990s Wife engaged in a
concerted campaign to alienate the affections of the children from Husband, including allegations
that Husband was attempting to poison her.
4, In 1999, Wife refused recommendations that she commence inpatient
treatment for her alcoholism but reluctantly agreed to outpatient treatment. However, shortly
thereafter Wife again commenced conswning alcoholic beverages and began to combine anti-
depressant medication with the alcohol which caused her to become physically incapacitated.
Throughout 1999 and 2000, Wife appeared at church and school functions in an inebriated
condition. Eventually, she developed a sex addiction, which combined with alcohol and drugs,
resulted in emotional abuse and neglect of Husband and the parties' two children,
5. During the parties' marriage, Wife pursued inappropriate and/or
adulterous relationships with a number of men. (Paul, Bernie, Jeff, Ron, Mario, John, "Mich",
"Black Pelican" and Clint), The parties' children were aware of these relationships, as Wife
engaged in frequent telephone conversations, meetings, E-mail communications, and "Internet
sex" with these men in front ofthe children, Wife also entertained men in the marital residence
in the presence of the children. This caused Husband great embarrassment.
6. Despite the fact that Husband had had a vasectomy Husband found that
Wife had various birth control devices, Moreover, Wife's diary which she maintained at the
marital residence contained graphic descriptions of her sexual interests and activities with the
men she met. When Husband confronted Wife about what he found, she went ballistic, hitting
Husband, swearing at him, slamming doors, using very foul language, etc" which caused
Husband much distress.
7. Wife neglected the needs of the children and often left them alone while
she pursued liaisons with the men forcing Husband to reduce his time at work to properly care
for the parties' children.
8, In October of 2000, following an intervention arranged by Husband, Wife
agreed to inpatient treatment through the Caron Foundation. However, after being at the Caron
Foundation for only a few days, she decided to prematurely terminate said treatment program.
9, At that time, Husband agreed to bring Wife home to the marital residence
on the condition that she not consume alcohol, not be involved sexually with other men, and that
she cease entering "chat rooms" on the Internet which had led to several sexual relationships.
2
10. Although Wife agreed to these conditions and on October 21,2000, she
returned to the marital residence, by October 24, 2000, Wife was consuming alcoholic beverages
again to the point that she was noticeably drunk by the time Husband returned from work in the
evening. Wife was also at this point pursuing a relationship with a man (David) she met at Caron
Foundation,
11. On November 1.2000, much to Husband's concern, the parties' children
informed Husband that Wife had picked them up from school and driven them home in a
drunken condition.
12. On November 2,2000, the parties's children telephoned Husband at work
and informed him that Wife had failed to pick them up from school that day and when they had
returned home she was unconscious. Wife's condition continued to deteriorate to the point that,
when her supply of alcoholic beverages was depleted, she began consuming the various food
extracts at the marital residence.
13. On November 8,2000, at Husband's insistence, Wife indicated that she
was ready to return to the Caron Foundation for inpatient treatment. Accordingly, on November
10,2000, Wife was again admitted to a Caron Foundation rehabilitation facility,
14. While she was at Caron Foundation, Wife became sexually involved with
two different men (David and Skip),
15. Wife's counselors at the Caron Foundation referred Wife to a clinic for
inpatient treatment for sexual addiction. Wife refused to follow this advice,
16. On December 27.2000, Wife was transferred from the Caron Foundation
rehabilitation facility to a halfway house,
3
17. On January 5, 2001, Wife left the halfway house and returned to the
marital residence, Prior to her release and in a meeting in December of 2000, at the halfway
house, between Husband, Wife and Wife's therapist, Margrit Goodhand, the conditions of Wife's
return to the marital residence were discussed and Wife agreed that she would not utilize alcohol
and that she would cease sexual involvement with other men. Based upon Wife's representations
in this regard, Husband agreed to Wife's return to the marital residence.
18, Contrary to Wife's representations, as early as January 18,2001, Husband
became aware that Wife remained sexually involved with a man she met ("Skip") at
rehabilitation and who is also an alcoholic,
19. Thereafter, Wife continued her adulterous relationship with Skip, the use
of pornography in the marital residence and continued to have telephone conversations with her
paramour. Wife also continued to spend hours at a time away from the marital residence in
pursuit of her adulterous relationship with her current paramour, While at the residence, Wife
neglected homemaking responsibilities including cleaning, laundry. etc.
20, After early February 2001, Wife refused Husband's many requests to
participate in marriage counseling.
21. Husband is emotionally devastated by Wife's conduct.
22. Husband has had to take a less lucrative employment position in order toa
be able to provide appropriate care for and meet the needs of the parties' children.
4
23. Wife's behavior has caused Husband considerable embarrassment.
D", ~tI
Respectfully submitted,
:~?::~:tt~~
Donald T. Kissinger, Esquire
HOWETT, KISSINGER & CONLEY, P,C,
130 Walnut Street
P,O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant. Andrew H, Cline
5
VERIFICATION
I, Andrew H. Cline, hereby swear and affirm that the facts contained in the foregoing
Bill of Particulars
are true and
correct to the best of my knowledge, information and belief and are made subj ect to the penalties
of 18 Pa,C.S. S4904 relating to unsworn falsification to authorities.
Date: 11/26/01
ClLV'+~~
Andrew H, Cline
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
)
)
)
)
)
)
)
NO. 01-3084 CIVIL TERM
EILEEN CLINE,
v.
ANDREW H. CLINE,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Donald T, Kissinger, Esquire, counsel for Andrew H, Cline, Defendant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Bill of Particulars
was served upon Maria p, Cognetti, Esquire, counsel for Plaintiff, Eileen Cline, by depositing
same in the United States mail, first class, on November 26,2001, addressed as follows:
Maria p, Cognetti, Esquire
MARlA p, COGNETTI & ASSOCIATES
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011
Date:
/r~
~~~~
-"" ~/. ~
John C, Howett, Jr" Esquir
Donald T, Kissinger, Esquire
HOWETT, KISSINGER & CONLEY, P,C.
130 Walnut Street
P,O, Box 810
Harrisburg, P A 17108
Telephone: 717-234-2616
Counsel for Defendant, Andrew H. Cline
-
-rir-";
r,
c;
c-::
c
-:.'
..'-,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
EILEEN CLINE,
Plaintiff
ANDREW H. CLINE,
Defendant
ANDREW H. CLINE,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
EILEEN CLINE,
Defendant
PACSES NO. 317103817
NO. 753 SUPPORT 2001
.
INTERIM ORDER OF COURT
AND NOW, this 19th day of February, 2002, upon consideration of
the Support Master's Report and Recommendation, a copy of which is attached
hereto as Exhibit "A", it is ordered and decreed as follows:
A. Effective March 1, 2002, Andrew H. Cline shall pay to Eileen Cline as
alimony pendente lite the sum of $1 ,400.00 per month.
.
B. Our prior order of September 20, 2001, is affirmed in its entirety and,
except as modified herein, shall remain in full force and effect.
C. The complaint of Andrew H. Cline for child support docketed to 753
Support 2001 is deemed withdrawn.
D. This order is entered by agreement of the parties as a compromise and
entirely without prejudice to the claims of either party with regard to the
earning level and/or earning capacity of the other, which claims are
specifically reserved for later litigation if necessary.
The parties are hereby advised that they may file written exceptions to the
Support Master's Report and Recommendation within ten (10) days of this order.
Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If
written exceptions are filed by any party, the other party may file exceptions
within ten (10) days of the date of service of the original exceptions. If no
exceptions are filed within ten (10) days of this interim order, this order shall then
constitute a final order.
.
CC: Eileen Cline
Andrew H. Cline
Maria P. Cognetli, Esquire
Donald T. Kissinger, Esquire
DRO
,."
.
.
;:""
. /9.
Kevin A. Hess, J.
~
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
EILEEN CLINE,
Plaintiff
ANDREW H. CLINE,
Defendant
PACSES NO. 743103718
NO. 01-3084 CIVIL TERM
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
ANDREW H. CLINE,
Plaintiff
.
EILEEN CLINE,
Defendant
PACSES NO. 317103817
NO. 753 SUPPORT 2001
SUPPORT MASTER'S REPORT AND RECOMMENDATION
A hearing having been scheduled before the undersigned Support Master
for February 15, 2002, and the parties having reached an agreement, the
following report and recommendation are made:
FINDINGS OF FACT
.
1. The Plaintiff in the divorce action docketed to 01-3084 Civil Term is
Eileen Cline, who resides at 2536 South Carbon Street, Allentown,
Pennsylvania. She is also the Defendant in the action docketed to 753
Support 2001.
2. The Defendant in the divorce action docketed to 01-3084 Civil Term is
Andrew H. Cline, who resides at 257 Carol Street, New Cumberland,
Pennsylvania. He is also the Plaintiff in the action docketed to 753
Support 2001.
3. The parties are husband and wife and are the parents of two minor
children, Haley Andrea Cline, born August 19, 1988, and Catherine
Ann Cline, born July 14, 1990.
4. The parties separated on or about March 23, 2001.
5. The children reside with their father.
6. On July 26, 2001, as part of the divorce proceedings, Eileen Cline filed
a claim for alimony pendente lite.
Exhibi t "A II
7. On September 10,2001, Andrew H. Cline filed a complaint for support
of the children against Eileen Cline.
8. A consolidated conference was held on September 20, 2001, after
which a recommended order was entered in 01-3084 Civil Term
requiring, inter alia, that Andrew H. Cline pay alimony pendente lite to
Eileen Cline in the amount of $1,144.00 per month effective July 26,
2001. The complaint for child support was dismissed because
consideration was given to Eileen Cline's child support obligation in the
setting of the APL order.
9. On September 27, 2001, a demand for hearing was filed by Eileen
Cline.
10. A hearing was scheduled before this Master this date.
11. The parties have reached an agreement in the form of a letter of
counsel resolving all outstanding issues. Said letter is attached as
Exhibit "A" and is incorporated herein.
,.
RECOMMENDATION
A.
Effective March 1, 2002, Andrew H. Cline shall pay to Eileen Cline
as alimony pendente lite the sum of $1 ,400.00 per month.
B.
Our prior order of September 20, 2001, is affirmed in its entirety
and, except as modified herein, shall remain in full force and effect.
C.
The complaint of Andrew H. Cline for child support docketed to 753
Support 2001 is deemed withdrawn.
D.
This order is entered by agreement of the parties as a compromise
and entirely without prejudice to the claims of either party with
regard to the earning level and/or earning capacity of the other,
which claims are specifically reserved for later litigation if
necessary.
.
1~v(L,. Ii, LCOL
Date Q
'\A_,-L L L'-<Cu[ Q 12_uo-.Jc,,--
Michael R. Rundle
Support Master
"
LAW OFFICES OF
HOWETT, KISSINGER & CONLEY, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG PENNSYL.VANIA 17108
JOHN C HOWETI, JR.
DONALD T KISSINGER
CINDY S CONLEY
DARREN 1. HOLST
(717) 234-2616
FAX (717) 234-5402
DEBRA M SHIMP
Legal Assistant
February 14, 2002
VIA FAX & MAIL (717) 240-7777
Michael R. Rundle, Esquire
Cumberland County Support Master
9 North Hanover Street
P,O, Box 320
Carlisle, PA 17013
Re: Cline v, Cline
PACSESCaseNo. 743103718
Dear Mike:
Please be advised that I represent Andrew H. Cline and Maria p, Cognetti, Esquire
represents Eileen Cline in connection with domestic matters, The parties have reach agreement
regarding entry of an order with regard to the above-referenced action as follows:
1. The effective date of the order shall be March 1, 2002;
2, Andrew H. Cline shall pay the sum of$1,400 per month to Eileen Cline as
and for alimony pendente lite;
3, The $1,400 monthly figure considers Eileen Cline's cross-obligation for
support of the parties' minor children, and therefore Andrew Cline's claim for child support is
hereby withdrawn;
4, Andrew H, Cline shall be responsible for providing health insurance for
Eileen Cline and the minor children;
5, This agreement is entered as a compromise and entirely without prejudice
to the claims of either party with regard to the earning level and/or earning capacity of the other,
which claims are specifically reserved for later litigation if necessary; and
Exhibit !lA."
Michael R. Rundle, Esquire
February 14, 2002
Page Two
6. The parties agree that their respective counsel may execute this document
on their behalf and also agree that the terms set forth herein shall be entered as a court order.
--:- ~ e~
, .
Donald T. Kissinger, Esq e
Counsel for Andrew H. Clin
_. u .___._ "'~M'~'~~"'__",,"_,,~_,. ,'.. ..,..,...._",_...... ,_'_',,"';". ,,_.,"_ ,...., '....,._, ._
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
Jtt. o($(JI - 3ot(! {lrt//C
State Commonwealth of Pennsylvania PikS'i\ 7/(;>'/j771 t
Co.lCity/Dist. of CUMBERLAND T/ :J
Date of Order/Notice 03/01/02 !J;C 30Q/U
Court/Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
EmployerNJithholder's Federal EIN Number
COMMONWEALTH OF PA
EmployerJ\^Jithholder's Name
C/O PAYROLL OPERATIONS
EmployerANithholder's Address
ATTACHMENTS RESEARCH UNIT
PO BOX 8006
HARRISBURG PA 17105-8006
) RE: CLINE, ANDREW
) Employee/Obligor's Name (Last, First, MI)
) 196-42-8874
) Employee/Obligor's Social Security Number
) 4667100826
) 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 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'sfobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 1,400,oopermonthincurrentsupport
$ 0,00 per month in past-due support Arrears 12 weeks or greater? Oyes <Xl no
$ 0,00 per month in medical support
$ 0,00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 1,400 .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:
$ 323,08 per weekly pay period.
$ 646,15 per biweekly pay period (every two weeks).
$ 700,00 per semimonthly pay period (twice a month).
$ 1.400,00 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
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sf obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg, 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: PA SCDU
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 ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL,
BY THE COURT:
Service Type M
~ 4 2~ I(w/$~s- /9.
".JlI'Im~'~ OMBNo.,097O-Dl54
-7 r L/ < 0 ~ Expiration Date: 12/31/00
4..
Date of Order:
JUb&E
Form EN-02B
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If checked you are required to provide a copy of this form to your employee.
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. * R.,porting the raydate/Dat€ of Withholding. You n,ust report the paydate/dat€ of withholding when sending the paym",t. The
paydat<Jdate of withholding is the date on which an,ount was withh€ld from the €mploy",'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.
WITHHOLDER'S ID: 2321722990
EMPLOYEE'S/OBLlGOR'S NAME: CLINE, ANDREW
EMPLOYEE'S CASE IDENTIFIER: 4667100826 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 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 (15 U.S.c. 91673 (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 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.
10.
* 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.
Requesting Agency:
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 ATIACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (7171 240-6248 or
by Internet @
Page 2 of 2
Form E N-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: CLINE, ANDREW
PACSES Case Number
Plaintiff Name
EILEEN CLINE
Docket Attachment Amount
01::J084 CIVIL $ 1,400,00
Childlren)'s Namels);
74310371aj-J09ID
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0,00
Child!ren)'s Name!s);
DOB
o If checked, you are required to enroli the child(ren)
identified above in any health insurance coverage available
through the employee's1obligor's employment.
Olf checked, you are required to enroli the chiid(ren)
identjfied above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0,00
Childlren)'s Namels);
DOB
Docket Attachment Amount
$ 0.00
Chi/d!ren)'s Name!s);
DOB
o If checked, you are required to enroli 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 enroli the chi/d!ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Childlren)'s Name(s);
DOB
Docket Attachment Amount
$ 0,00
Childlren)'s Namels);
DOB
o If checked, you are required to enroli the childlren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
o If checked, you are required to enroli the chi/d!ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-02B
Worker 10 $IATT
Service Type M
OMB No.; 0970-0154
Expiration Date: 12/]1{00
o
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Date of Application:
APR 23 2002
CI- 30'84 CI\/11
CUMBERLAND COUNTY DOMESTIC RELATIONS
4/19/02 Request for Support Record Search
II -LAJ. <--
.J;ct:- rU tt.-If S '
~I
t>(2.. 30QlD No.
Name:
H. C$S.,JiqCf</l/l{(
(MI)
Cline Andrew
(Last) (First)
Address: 257 Carol Street, New Cumberland, PA 17070
Social Security Number: 196-42-8874
Domestic Relations Case Number if Known:
Party Requesting Information: Charter Settlement Services, LLC
(Print Name of Firm Name)
D.O.R:
(717)975-2117
(Telephone Number)
4705 E. Trindle Rd., Mechanicsburg, PA 17050
. (717)730-9665
(Fax Number)
~.ib .
(Signature/)-' ~
A Twenty Dollar ($20.00) Fee is Due per Social Security Number
Make check or money order payable to: DRS/Lien Search
X INITIAL REQUEST
Has no Record in Domestic Relations as of:
(Date)
Support Arrears as of End of Month Prior to Date of Application: $ fol./'i!. i/;J..
Monthly Total Support Obligation: $ /'100, 00/ MMiIJ
The Amount shown above is reflected in the Domestic Relations Section Office of
Cumberland County, Pennsylvania,
Signed:
(1J.~D' liJ. j;';/L-
ff' (Lien Search Coordinator)
lY1uY1btr-*' 'floro" 00 nlo
PaCH~ -tf=743/o31,1?
4<>>-oJ,.
Domestic Relations Case Number:
(Date)
BRING-DOWN REQUEST
Support Arrears: $
As Of:
(Date)
Signed:
(Lien Coordinator)
(Date)
*** Lien Satisfisfaction Receipt Available Upon Request***
LIEN SATISFACTION
Pacses# 743103718
No. 01-3084 CV
DR# 30910
Name: Andrew Cline
Social Security Number: 196-42-8874
Judgment Lien Satisfied as of: Mav 22. 2002
Amount Paid: $ $648.42
Signed: ()lJ.J..u 1h. 'D>>.A.-
iT (Lien Coordinator)
q-;;if-o~
(Date)
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(f; -<
EILEEN CLINE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3084 CIVIL
ANDREW H. CLINE,
Defendant
IN DIVORCE
ORDER QF COURT
AND NOW, this
;, 0 rw
day of
>Ur
2002, the economic claims raised in the proceedings having
been resolved in accordance with a marital settlement
agreement dated May 10, 2002, the appointment of the Master
is vacated and counsel can file a praecipe transmitting the
record to the Court requesting a final decree in divorce,
BY THE COURT,
cc: Maria p, Cognetti
Attorney for Plaintiff
Donald T, Kissinger
Attorney for Defendant
e.~ ~ GJ3i/o::J.,
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MAJUTALSETTLEMENTAGREEMENT
BY AND BETWEEN
ANDREW H. CLINE
AND
EILEEN CLINE
Donald T. Kissinger, Esquire
HOWETT, KISSINGER & CONLEY, P,C.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 171 08
Telephone: (717) 234-2616
Counsel for Andrew H. Cline
Maria P. Cognetti, Esquire
MARIA P. COGNETTI & ASSOCIATES
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011
Telephone: (717) 909-4060
Counsel for Eileen Cline
NUUUTALSETTLEMENTAGREEMENT
TIDS AGREEMENT is made this J.1l day of YYl tL ~ ' 2002, by
and between ANDREW H. CLINE, of Cumberland County, pennsylvania, and EILEEN CLINE,
ofe UUJCounty, Pennsylvania;
WITNESSETH:
WHEREAS, Andrew H, Cline (hereinafter referred to as "Husband"), social security
number 196-42-8874, was born on November 30,1951, and currently resides at 257 Carol Street,
New Cumberland, Cumberland County, Pennsylvania 17070;
WHEREAS, Eileen Cline (hereinafter referred to as "Wife"), social security number
179-48-9933, was born on July 7, 1957, and presently resides at Delbrook Apartments, 410
Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
March 2, 1986;
WHEREAS, the parties have lived separate and apart since on or about November 10,
2000;
WHEREAS, two children were born of the marriage between the parties, namely Haley
Andrea Cline, born August 19, 1988 and Catherine Anne Cline, born July 14, 1990;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
1
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending, to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. Each party acknowledges that he or she has
had the opportunity to receive independent legal advice from counsel of his or her selection
(Donald T. Kissinger, Esquire for Husband and Maria p, Cognetti, Esquire for Wife), Each party
fully understands the facts and his or her legal rights and obligations, and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily, and that the execution of this Agreement is not
the result of any duress or undue influence, and that it is not the result of any improper or illegal
agreement or agreements, In addition, each party understands the impact of the Pennsylvania
Divorce Code, whereby the court has the right and duty to determine all marital rights of the
parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital
property or property owned or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same, each party hereto still desires to exe~ute. this Agreement,
acknowledging that the terms and conditions set forth herein are fair, just and equitable to each
of the parties, and waives his and her respective right to have the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction, make any detennination or
order affecting the respective parties' rights to alimony, alimony pendente lite, support and
maintenance, equitable distribution, counsel fees and costs ofJitigation.
2
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
that he or she is aware of his or her right to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or
the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or
she has had the opportunity to discuss with counsel the concept of marital property under
Pennsylvania law and each is aware of his or her right to have the real and/or personal property,
estate and assets, earnings and income of the other assessed or evaluated by the courts of this
commonwealth or any other court of competent jurisdiction, The parties do hereby acknowledge
that there has been full and fair disclosure to the other of his or her respective income, assets and
liabilities, whether such are held jointly or in the name of one party alone, Each party agrees that
any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is
hereby specifically waived, and the parties do not wish to make or append hereto any further
enumeration or statement. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this _AgI'eement is fair,reaiionable and equitable, and is
satisfactory to them. Each of the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or assigns, that he or she will never at any
time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any
action of contention, direct or indirect, and allege therein that there was a denial of any rights to
full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to
have available full, proper and independent representation by legal counsel.
3
3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter,
live separate and apart, Each shall be free from all control, restraint, interference and authority,
direct or indirect, by the other, Each may reside at such place or places as he or she may select.
Each may, for his or her separate use or benefit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable, Husband and
Wife shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acquired by the other,
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and
the parties agree, that by this Agreement they have resolved all ancillary economic issues related
to the dissolution of their marriage and thus any divorce action with respect to these parties shall
be limited to a claim for divorce only, The parties acknowledge that on May 2 1, 2001, Wife
filed a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania
pursuant to g3301(c) of the Divorce Code and docketed at No, 01-3084 Civil Term.
The parties agree that simultaneously with the execution of this Agreeme11!,-eachofthem
- - - -- -- - - -
will sign an Affidavit of Consent to Divorce and Waiver of Notice ofIntention to Request Entry
of Divorce Decree and deliver same to counsel for Wife who shall promptly submit said
affidavits and waivers to the Court, along with a Praecipe to Transmit Record, Vital Statistics
form and any and all other documents necessary to precipitate the prompt entry of a Divorce
Decree,
4
S. EQUITABLE DISTRIBUTION.
(a) Marital Residence, The parties acknowledge that they are the
titled owners, as tenants by the entireties, of that certain house and lot and all improvements
thereupon situated at 257 Carol Street, New Cumberland, Cumberland County, Pennsylvania
17070 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with
respect to the Marital Residence:
(1) Husband shall become the sole and exclusive owner of the
Marital Residence and shall be permitted to take any action with respect thereto that he deems
appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future
right, title, claim and interest he may have in and to the Marital Residence, Wife shall, at
Husband's request, execute a deed transferring all of her right, title and interest in the Marital
Residence to Husband.
(2) Wife agrees that as the date of execution of this agreement,
any and all title policies and any other policies of insurance with respect to the Marital Residence
shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall
be entitled to receive any payments now or hereafter due under any such insurance policies. .
(3) Commencing on the date of this separation, Husband shall
be solely responsible for all costs, expenses and liabilities associated with or attributable to the
Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or
lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall
keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held
harmless from any liability, cost or expense, including actual attorneys fees, which may be
5
incurred in connection with such liabilities and expenses or resulting from Wife's ownership
interest in the Marital Residence.
(b) Furnishines and Personalty.
(1) The parties agree that they have divided by agreement
between themselves all furnishings and personalty located in the Marital Residence, including all
furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment.
(2) Except as otherwise set forth herein, Husband shall retain,
as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of
the personalty and furnishings remaining in the Marital Residence. Notwithstanding the
foregoing, the parties agree that Wife shall receive, as her sole and separate property, the items
currently located at the Marital Residence and identified on Exhibit "A" attached hereto and
incorporated by reference herein as if set forth at length. Wife shall remove the items identified
on Exhibit "A" from the marital residence within thirty (30) days of the date of execution of this
Agreement:
(3) Except as otherwise set forth herein, Wife shall retain, as
her sole and separate property, free of any and all right, title, claim or interest of Husb_and, alLof - -
the personaltY and furnishings currently in her possession and those items identified on Exhibit
"A."
(c) Motor Vehicles.
(1) Husband agrees that Wife shall retain possession of and
receive as her sole and separate property the 1997 Honda Accord Wagon automobile currently
titled in Husband's name, along with all rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
6
thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and
hold Husband and his property harmless from any and all liability, cost or expense, including
actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this
subparagraph.
(2) Wife agrees that Husband shall retain possession of and
receive as his sole and separate property the 1999 Honda Accord Sedan currently titled in
Husband's name, along with all rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and
hold Wife and her property harmless from any and all liability, cost or expense, including actual
attorney's fees, incurred in connection with any vehicle belonging to Husband by virtue of this
subparagraph.
(3) The parties agree that they will cooperate in effectuating
any necessary transfer oftitles and insurance to accomplish the purposes of this subparagraph.
(d) Life Insurance. Except as provided for herein, the parties
acknowledge and agree that each shall retain, as his/her sole and separate property, any and all
life insurance policies in his/her name, free of any right, title and interest of the other party.
Notwithstanding the above, for so long as Husband is obligated to pay alimony pendente
lite or alimony to Wife pursuant to paragraph 6 of this Agreement, he shall maintain Wife as
beneficiary of his State Employees group life insurance policy to the extent necessary to pay to
Wife either Forty-thousand ($40,000) Dollars or the amount necessary to satisfy the remainder of
the alimony term outstanding at the time of Husband's death, whichever is lesser.
7
(e) Pension and Retirement Benefits. Except as specifically set forth
below, Wife and Husband each hereby specifically releases and waives any and all right, title,
claim or interest that he or she may have in and to any and all retirement benefits (including but
not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans,
employee savings and thrift plans, individual retirement accounts or other similar benefits) of the
other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary
designations thereunder. The parties agree that they shall execute any documents pursuant to the
Retirement Equity Act or any similar act that may be required from time to time to accomplish
the purposes of this subparagraph.
Accordingly, the parties specifically agree that Wife shall retain as her sole and separate
property her PSECU Individual Retirement Accounts and her Vanguard Individual Retirement
Accounts free and clear of any right, title, claim and/or interest of Husband and that Husband
shall retain as his sole and separate property his PSECU Individual Retirement Accounts, his
Fidelity Magellan Individual Retirement Account, his American Century Individual Retirement
Account, his Vanguard Individual Retirement Account, and his Pennsylvania State Employee
Retirement System Retirement Benefits, free and clear of any and all.righUitle, .claim and/or
interest of Wife.
Notwithstanding the above, the parties agree that Husband's Kirkpatrick & Lockhart
40 I (K) profit sharing plan shall be distributed between the parties with Wife receiving a transfer
from said plan to an Individual Retirement Account in her name alone in the amount of Two
Hundred Thousand Dollars ($200,OOO))'Upon transfer, said amount shall become Wife's sole
and exclusive property free and clear of any right, title, claim and/or interest of Husband. The
~ainder in said profit sharing plan shall remain Husband's sole and separate property free and
I
-f '"""\w.Y'1:.~'€(," os:. ~o..\o. ~~ci;. 8 ~\ \ \ Ice ~e.. u)\~\....,,., +w~ (~Q)
~'i~ Srrol'v\ ~e.. dA,+-e.. ~e..c.*. "'1....~ -\--(-CA....,~~.... dce.~ v.ot OC.cur
\,Qi'\:;l,..,i n. +w~ (cl.o( ol~S) ~.r-.~es..:+-) -i\ OSH{ I s~11 o..e."o,U
_' .:st.s::,,~ _ .v".. '" ^ ~ ~ . -
clear of any right, title, claim and/or interest of Wife. In order to accomplish this transfer, the
parties agree that Husband's counsel shall prepare a Qualified Domestic Relations Order or a
Domestic Relations Order, whichever is necessary in a form acceptable to both parties. Both
parties shall cooperate in providing Husband's counsel with any and all information or
authorizations needed for him to prepare the QDRO or DRO.
(1) PSECU CheckinwSavinis Account. The parties acknowledge
and agree that Husband shall remain the sole and exclusive owner of his PSECU
checking/savings account free and clear of any right, title, claim and/or interest of Wife and that
Wife shall remain the sole and exclusive owner of any such financial accounts in her name alone,
free and clear of any right, title, claim and/or interest of Husband.
(g) Children's United States Savinis Bonds. The parties
acknowledge that during the marriage they acquired United States Savings Bonds, some of which
are titled in their names and, some of which are titled in the names of the children. The parties
specifically agree that these bonds shall be maintained as presently titled with the understanding
that said bonds will be utilized to fund the expenses of the parties' children's post high school
education.
(h) Equitable Distribution Payments. Husband agrees that he shall
pay to Wife as and for equitable distribution the sum of One Hundred Twenty Five Thousand
Four Hundred Ninety Four Dollars ($125,494) payable as follows:
(I) One Hundred Thousand Dollars ($100,000) payable within
forty eight (48) hours of the entry of a final decree in divorce; and
(2) Twenty Five Thousand Four Hundred Ninety Four Dollars
($25,494) payable upon Husband's obtaining refinancing of the mortgage associated with the
9
Marital Residence which Husband shall obtain within thirty (30) days of the date of execution of
this Agreement.
(i) Miscellaneous Property. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by the party to
whom the property is titled; and if untitled, the party in possession. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property
from each to the other.
(j) Property to Wife. The parties agree that Wife shall own, possess,
and enjoy, free from any claim of husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife.
(k) Property to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the telJIlS Dfthis
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
(J)Liability not Listed. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation or other liability, other than those
10
described in this Agreement, on which the other party is or may be liable. A liability not
disclosed in this Agreement will be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shaIl become due, and to indemnify
and hold the other party and his or her property harmless from any and all debts, obligations and
liabilities.
(m) Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
under this Agreement, Husband will, at his sole expense, defend Wife against any such claim,
action or proceeding, whether or not weIl-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
(n) Indemnification of Husband. If any claim, action or proceeding
is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such claim,
action or proceeding, whether or not well-founded, and indemnify him and his property against
any damages or loss resulting therefrom, including, but not limited to costs of court and actual
attorney's -fees incurred by Husband in connection therewith.
(0) Warranty as to Future Obli2ations. Husband and Wife each
represents and warrants to the other that he or she will not at any time in the future incur or
contract any debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. From the date of execution of this Agreement, each party
shall use only those credit cards and accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts which provide for joint liability.
11
Each party hereby agrees to indemnify, save and hold the other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in
the event of breach hereof.
6. ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT.
Except as provided for below, Husband and Wife hereby expressly waive, discharge and release
any and all rights and claims which he or she may have now or hereafter by reason of the parties'
marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like
benefits resulting from the parties' status as husband and wife. The parties further release and
waive any rights they may have to seek modification of the terms of this paragraph in a court of
law or equity, it being understood that the foregoing constitutes a final determination for all time
of either party's obligation to contribute to the support and maintenance of the other.
Notwithstanding the above, effective March 1,2002, and every month thereafter, for a
period of thirty-six (36) months, Husband shall pay to Wife as and for alimony pendente lite,
prior to the entry of the parties' divorce decree, and as and for alimony, after the entry of the
parties' divorce decree, the sum of One Thousand Four Hundred Dollars ($1,400) per month.
Said alimony pendente lite/alimony payments shall not be modifiable for any reason and shall
. terinmate only upon the first of the following to occur;
(i) Wife's cohabitation;
(ii) Wife's remarriage;
(iii) Wife's death;
(iv) Husband's death; or
(v) The expiration of the thirty-six (36) month period.
12
Wife shall be responsible for taking all steps necessary to notify the Domestic Relations
Office of the Court of Common Pleas of Cumberland County, Pennsylvania, through whom the
alimony pendente lite order is currently in effect, of the date of entry of the divorce decree and of
the fact that the order should be converted from an alimony pendente lite order to an alimony
order.
The parties acknowledge that alimony pendente lite/alimony amount was arrived at by the
parties after consideration of Wife's obligation to Husband for child support.
The parties specifically agree that the alimony payments are to be reported by Wife on
her income tax returns as taxable income to her and are to be deducted by Husband as alimony
on his income tax returns.
7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be
solely responsible for his or her own legal fees, costs and expenses incurred in connection with
their separation and/or the dissolution of the IT marriage, and the preparation and execution of this
Agreement.
8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution dateofthis AgI"eement, Husband. and Wife eJleh
- --- .--
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
13
9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as ofthe date of execution of this Agreement. If and in the
event the other party continues to be named as beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party.
10. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthennore,exceptas
otherwise provided for in this Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she
may have in property transferred to the other party pursuant to this Agreement or identified in
this Agreement as belonging to the other party, and each party agrees never to assert any claim to
said property or proceeds in the future. However, neither party is released or discharged from
any obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or
14
right of the other, all items of personal property, tangible or intangible, acquired by him or her
from the execution date of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising
out of the marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any
other law of any other jurisdiction, except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions. Neither party shall have any obligation
to the other not expressly set forth herein.
(c) Except as set forth in this Agreement, each party hereby absolutely
and unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance,
or under the intestate laws or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to
15
"c._.-_."".__.,~...,_..
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory of the United States, or any other country.
(d) Except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release and discharge from all causes
of action, claims, rights or demands whatsoever in law or in equity, which either party ever had
or now has against the other.
11. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period of four (4) years from the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
12. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
13. SEVERABILITY. If any provision of this Agreement is held by a court
of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
14. BREACH. If either party hereto breaches any provision hereof, the other
party shaH have the right, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The non-breaching party shall be
entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in
the enforcement of the rights of the non-breaching party.
16
15. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
16. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Andrew H. Cline
257 Carol Street
New Cumberland, P A 17070
and to Wife, if made or addressed to the following:
Eileen Cline
Delbrook Apartments
410 Brook Circle
Mechanicsburg, PAl 7050
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
17. APPLICABLE LAW. All acts contemplated by this Agreement shall be
~nstmed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict ofIaw rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
18. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
17
19. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
20. EFFECT OF RECONCILIATION, COHABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the
parties in writing execute a statement declaring this Agreement or any term of this Agreement to
be null and void.
21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
22. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
23. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an attorney of his
or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney;
and that this instrument expresses the entire agreement between the parties concerning the
subjects it purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
18
24. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as
a result of such failure.
25. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
~~$<<
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U{~SS ?Tv
JJ J:;v O~
~~EEN CLINE
19
.
COMMONWE~eF PENNSYLVANIA
COUNTYOF O&V\
)
)
)
BEFORE ME, the undersigned authority, on this day personally appeared ANDREW H.
CLINE known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GNEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of
VYLtlY ,2002.
My commission expires:
\ NOTARIAL SEAL \
.. ~. -S1tlMP, flClTAAf-l'll8UC
C1lY OF HARRISBURG. DAUPHIN COUNTf
MY COMMISSION EXPIRES AUG. 29. 2005
20
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF t.Ufnb..r land
)
)
)
BEFORE ME, the undersigned authority, on this day personally appeared EILEEN
CLINE known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
J1,..
JO day of
rvz~
,2002.
(JtJv1dlli ~ ~cti1f
Notary Public in and for
Commonwealth ofPennsy ania
Typed or printed name of Notary:
My commission expires:
NOT'AltiAr. SBAL
Canlijth Y. Hill, NoUUJPubJic
l'aIrvlew'1\vp.. York CIluDt7
IlIycmn,"I";"lI~_19,2005
21
.
EXHIBIT'~ "
List ofItems to be Removed by Mrs. Cline
1. Chandelier
2. Lamp in dining room
3. Side board in sun porch
4. China closet in dining room
5. Tall-mirrored seat
6. Sofa in living room
7. Grandpap's chair in basement
8. Grandpap's dresser in basement
9. Bamboo shades
10. Heavy oak mirror in basement
11. Make-up table in bedroom (desk)
12. Computer table in basement
13. Grammy's end table in bedroom
14. Silver dollars from grandparents - 1800's, 3 or 4
15. Vacuum cleaner
16. Notes and journals from Caron
17. Stained glass tools
18. Wicker chair in basement
19. y, offamily photos
20. Wicker table in guest bedroom
21. Some Christmas decorations
22. Fireplace screen in basement
23. Hope chest in Catherine's room
.'
\
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
CampHill.PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff
EILEEN CLINE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3084
ANDREW H. CLINE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under 9 3301 (c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Service was accepted by the
Defendant on the 4th day of June, 2001, through his attorney, Donald T. Kissinger, Esquire. An
Affidavit of Acceptance of Service was filed on June 13,2001.
3. Date of execution of the Affidavit of Consent required by 9 3301(c) of the
Divorce Code: by Plaintiff, on May 23, 2002; by Defendant, on May 10,2002.
4. Related claims pending: Settled by Agreement dated May 10,2002.
,
.
.'
5. Plaintiffs Waiver of Notice in 9 3301(c) Divorce was filed May 29, 2002.
Defendant's Waiver of Notice in 9 3301(c) Divorce was filed May 29,2002.
MARIA P. COGNETTI & ASSOCIATES
Date: June 1/
,2002
By:
~~N I,ESQumE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA l70ll
Telephone No. (717) 909-4060
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certifY that on this
date I served the foregoing Praecipe to Transmit Record by depositing a true and exact copy
thereof in the United States mail, first class, postage prepaid, addressed as follows:
Donald T. Kissinger, Esquire
HOWETT KISSINGER & CONLEY
130 Walnut Street
P.O. Box 810
Harrisburg, PAl 7 108
MARIA P. COGNETTI & ASSOCIATES
Date: June ~, 2002
~/
By:
210 Orandview Avenue, Suite 102
Camp Hill, PA 1701 I
Telephone No. (717) 909-4060
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
.
STATE OF
.
.
.
.
.
EILEEN CLINE
VERSUS
ANDREW H. CLINE
.
.
AND NOW,
DECREED THAT
AND
PENNA.
No.
01
3084
DECREE IN
DIVORCE
:r c.--. ~ (
o::t d: 'JS' f' i/t'1.
, 2002 , IT IS ORDERED AND
EILEEN CLINE
, PLAINTIFF,
ANDREW H. CLINE
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
None; the terms of the parties' Property Settlement Agreement,
dated May 10, 2002, and attauher to are
but not merged herewith. ~,,~~
BYT~
.
.
.
incorporated herein
ATTEST:
PROTHONOTARY
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Service Type M
OMB No.: 0970-0154
avA&.€
Form EN-028
Worker ID $IATT
-
ORDERlNOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 03/07/05
Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
(8) Terminate Order/Notice
RE, CLINE, ANDREW
COMMONWEALTH OF PA
C/O PAYROLL OPERATIONS
ATTACHMENTS RESEARCH UNIT
PO BOX 8006
HARRISBURG PA 17105-8006
Employee/Obligor's Name (Last; First, MI)
196-42-8874
Employee/Obligor's Social Security Number
4667100826
Employee/Obligor's Case Identifier
...., ,aL,.,6tIJtff~.!Jl'!l'I (!1 ~ (See Addendum for plaintiff name,
~:. J associated with cases on attachment)
~fS:. 7t/.3 /D3 7/lf Custodial Parent's Name (Last. First. MI)
EmployerMlithholder's Federal EIN Number
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TION: 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 (SCDU) Employer
Customer Service at 1-B77-676-95BO 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. ' ,
Date of Order: MAR -, 8 2005
.<' ~o-;c'-'''-'BY THE COURT: "
0< f-___ ~
._-_.~-- ,
..-...----
I( ~I// AI ;(', I-fE?>
/9.
~
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If ,hecked you are required to provide a copy of this form to your employee. If yoVr employe~ works in a state that is
ditferent 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.* Re-polt;rrg tIle: Paydak/Date O('~Villll,vJdi,rg. Yotrmust--report-th-e paydate/ddle'ofvv;tI,l,oIJ;r,g vvll€lr 5~lld;rr5-the-pa'f\\It::l1t. the--
paydatelclate-o/-withhotding-isthe-date-on wtrich'amoont-was w ill ,I ,old from-the-emptoyee'swages.- 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. ISee #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.
THE EMPLOYEE/OBLIGOR NO lONGER WORKS fOR: 2321722990
EMPlOYEE'S/OBlIGOR'S NAME: CLINE , ANDREW
EMPLOYEE'S CASE IDENTIfiER: 4667100826 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 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 disciplinal)' 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 115 U.S.c. 91673 Ib)l; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment.
The Federal limit applies to Ihe aggregate disposable weekly earnings IADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxeSi 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 fol/ow 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
Service Type M
Page 2 of 2
Form E N-028
Worker ID $IATT
OM8 No.: 0970-0154
.--1
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