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Home My WebLink About05-4705ROBERT A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CATHY J. MYERS, :NO. vJ L??OS CIVIL TERM Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 ROBERT A. MYERS, Plaintiff V. CATHY J. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Robert A. Myers, an adult individual currently residing at 211 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Cathy J. Myers, an adult individual currently residing at 6 Tee Jay Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 31, 1986, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, Hannah Herman-Snyder, Esqu e Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: (? os COQN;Z? a• ROBERT A. MYERS, Plaintiff ?'? -; r , ? ? v :, -., ? ? > -T_ ?-? ? <<, ? Q ?, -? ? -? ?-- -? ,? ?- ?? .. ROBERT A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CATHY J. MYERS, NO. 05-4705 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 4yh day of o(t, j- , 2005, comes Hannah Herman-Snyder, Esquire, and states that she mailed a certified and true copy of a Complaint in Divorce to the Defendant, Cathy J. Myers, at her address of 2 West Springville Road, Apartment A, Boiling Springs, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on September 19, 2005. Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Sworn and subscribed to before me this 4/ day of 04-4luk , 2005. NOTARYOJBLIC NOTARIAL SEAL ROBIN ). BOSNORN, NOTARt PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES APRI T T 4 r ? m Postage $ r r ` ppp Certified Fee Po t ` Return Receipt Fee Endorsement Required) re C3 p Restricted Delivery Fee ?? O (Endorsement Required) - „__ - O Total Postage & Fees $ '- r -d C Sent M ! 4 11 i Ll C3 __. Street, Apt N B VJ .-- . ..__.....---- ----- ox No 14 --------------- M t irg rate, 1P+ S ¦ Complete items 1, 2, rd 3. Also complete stern 4 K RaMidefed DsW M is daaksd. ¦ Prlyd your rwme and address on the r- -. so that Wi return the card to you. ¦ Attach this card to the track of the mallpiece, or on the Vant Itspece peml@s. X EL t] 1. Artlce Addressed to: w e P?+A 60;1t?4j, PR nM17 2. Araole M Yes, enter dwhwy accts below: ? No & Type ,MW Mal O etpress Mal Reglatered O Rehm Psi for Merchandise 13 Insured man O C.O.D. 4. Fli OW De iwxi/! Pft Fee) Ps Form 3811, August 2oo1 Domeaec Fletum Fl ipt 102595s024A•1540 7 CATHY J. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-4705 ROBERT A. MYERS, Defendant IN DIVORCE NOTICE TO PLEAD TO: Robert A. Myers c/o Hannah Herman-Snyder, Esquire Griffie & Associates 200 N. Hanover Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed Petition for Economic Relief within twenty (20) days from service hereof, or a default judgment may be entered against you. SAIDIS, FLOWER & LINDSAY u; GLV? zKJ MaiyF Matas, Esquire Attorney ID: 84919 26 West High Street Carlisle, PA 17013 Dated: 11127-16P Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Saect Carlisle, PA CATHY J. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-4705 ROBERT A. MYERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before on at for a conference, after which the conference office may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) 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 1910.11(c) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you FLOWER. LINDSAY a 26 West High Street Carlisle, PA 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, Date of Order: Conference Officer 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 ASSOCIATION 32 BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. CATHY J. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-4705 ROBERT A. MYERS, Defendant IN DIVORCE PETITION FOR ECONOMIC RELIEF SUPPORT, ALIMONY PENDENTE LITE, ALIMONY. COUNSEL FEES AND COSTS AND NOW, comes the Petitioner, Cathy J. Myers, by and through her counsel, Marylou Matas, Esquire and The Law Firm of Saidis, Flower & Lindsay and Petitions this honorable court as follows: 1. Plaintiff is Cathy J. Myers an adult individual currently residing at 2 West Springville Road, Apt A, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Robert A. Myers an adult individual currently residing at 211 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania. 3. The parties hereto are Husband and Wife having been joined in marriage on May 31, 1986. The parties separated on or about May 1, 2005. 4. Defendant herein filed a Complaint in Divorce on or about September 9, 2005. 5. Plaintiff is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Plaintiff requests this honorable court to order Alimony Pendente Lite, in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees and costs. CIS & LINDSAY 26 West High Street Carlisle, PA Dated: 6/z? /6b Respectfully submitted, SAIDI AFL W LINDSAY R / t- 4 u Mata , squire 26 VvVst High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CATHY J. MYERS, Plaintiff V. ROBERT A. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4705 IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS SAIDIS, FLOWER 6i LINDSAY 26 West High Street Carlisle, PA PETITIONER NAME Cathy J. Myers ADDRESS P.O. Box 118 Boiling Springs, PA 17007 BIRTH DATE 12/20/1960 SOCIAL SECURITY NUMBER 171-54-0273 HOME PHONE 717-386-7219 WORK PHONE 717-258-6484 EMPLOYER NAME South Middleton School District EMPLOYER ADDRESS 4 Forge Road Boilin Springs, PA 17007 JOB TITLE/POSITION Special Education Para Professional DATE EMPLOYMENT COMMENCED GROSS PAY $518.00 for 2 weeks NET PAY $185.00 per week OTHER INCOME None ATTORNEY'S NAME Marylou Matas, Esquire ATTORNEY'S ADDRESS 26 West High Street Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA RESPONDENT NAME Robert A. Myers ADDRESS 211 West Springville Road Boiling Springs, PA 17007 BIRTH DATE 04/14/1952 SOCIAL SECURITY NUMBER 191-40-7544 HOME PHONE 717-249-0206 EMPLOYER NAME Land O' Lakes EMPLOYER ADDRESS JOB TITLE/POSITION Forklift Operator DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME Hannah Herman-Snyder, Esquire ATTORNEY'S ADDRESS 200 N. Hanover St., Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER 717 243-5551 MARRIAGE INFORMATION DATE OF MARRIAGE 05/31/1986 PLACE OF MARRIAGE Cumberland County DATE OF SEPARATION 05/01/2005 ADDRESS OF LAST MARITAL HOME 211 W. Springville Road Boiling Springs, PA 17007 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Petition for Economic Relief DATE APL FILED VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. cq!v '?-M _ Date: (p/ZUiO? Cathy J.I SAIMS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via certified mail, return receipt requested, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Y r / Ma atas, Es ire Suprem Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA r 7 FC: r? ROBERT A. MYERS, Plaintiff/Petitioner V. CATHY J. MYERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE :NO. 05-4705 CIVIL TERM IN DIVORCE : PACSES Case No.: 706108383 PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Robert A. Myers, by and through his attorney of record, Hannah Herman-Snyder, Esquire and Petitions this Honorable Court as follows: 1. Plaintiff/Petitioner is Robert A. Myers, hereinafter "Husband", an adult individual currently residing at 211 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant/Respondent is Cathy J. Myers, hereinafter "Wife", an adult individual currently residing at 2 West Springville Road, Apartment A, Boiling Springs, Cumberland County, Pennsylvania. 3. The parties are Husband and Wife, having been married on May 31, 1986. 4. The parties separated on or about May 1, 2005 and Husband filed for divorce on September 9, 2005. 5. At the time the parties separated, Wife left Husband with considerable debt, including but not limited to credit card debt and the mortgage on the marital residence. 6. There are no marital assets to speak of, aside from each parties' retirement accounts, which are of equivalent value. 7. Currently the parties' owe approximately $63,000.00 in credit card debt, approximately $40,000.00 is in Husband's name alone or joint debts, and Husband has been making payments on this debt since the date of separation. 8. Wife informed Husband, and therefore Husband avers, that Wife has not paid a single debt since separation and, in fact, does not even open any credit card bills, but throws them away upon receipt. 9. Husband acknowledges that the entire $63,000.00 is marital debt. 10. Husband is in the process of filing for bankruptcy as there is more owed on the marital residence than it was worth and he can no longer afford to make the credit card payments. 11. To the best of Husband's knowledge, Wife has not sought counsel in regards to filing for bankruptcy and therefore is still responsible for a considerable amount of debt which is marital. 12. Wife filed a Petition for Economic Relief, Support, Alimony Pendente Lite, Alimony, Counsel Fees and Costs on June 23, 2006. 13. It is undisputed that Husband makes more money than Wife, but he has been using all of his money to pay marital debt. 14. Husband makes approximately $38,500.00 a year and Wife makes approximately $21,500.00 a year. 15. Husband requests this Honorable Court have him pay any Alimony Pendente Lite award that may be awarded to Wife directly to her creditors, or in the alternative, to Order that any Alimony Pendent Lite around be offset by the amounts Husband pays on marital debt. 16. Husband prays this Honorable Court stay the Alimony Pendente Lite hearing scheduled for July 25, 2006 at 10:30 a.m. until this matter can be resolved. WHEREFORE, Husband prays this Honorable Court issue a Rule upon Wife to show cause if any she has, as to why the Court should not order that any Alimony Pendente Lite awarded to Wife be paid by Husband to Wife's creditors on her behalf, or why Husband should not be given credit against any Alimony Pendente Lite award the marital debt paid by Husband and that this Honorable Court stay the Alimony Pendente Lite Hearing pending resolution of this matter. Respectfully Submitted, Hannah Herman-Snyder, Esq re Griffie and Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 T VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: '7/ 3 GCv Jec'&4Q ? M44,6n ROBERT A. MYERS ROBERT A. MI'ERS Plaintiff/petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE V. CATHY J. MYERS, :NO. 05-4705 CIVIL TERM : IN DIVORCE Defendant/Respondent : PACSES Case No.: 706108383 CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the l th day of Jul 2006, cause a copy of Plaintiff/Petitioner's Petition for Special Relief to be served upon Defendant/Respondent by serving her attorney of record, Marylou Matas Esquire, by first-class mail, postage prepaid at the following addresses: Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 DATE:. ] - 1 _ c? t o Hannah Herman-Snyder, Esq ire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Is. w - r , C3- C r ROBERT A. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-4705 CIVIL PACSES CASE NO. 706108383 CATHY J. MYERS, DEFENDANT CIVIL ACTION -DIVORCE ORDER OF COURT AND NOW, this 14`h day of July, 2006, upon consideration of the Plaintiff's Petition for Special Relief, IT IS HEREBY ORDERD AND DIRECTED that the Petition is DENIED without prejudice. The Alimony Pendent Lite Conference scheduled for July 25, 2006, at 10:30 a.m. shall proceed and the Support Master may consider the relief requested by the Plaintiff. By the Court, M. L. Ebert, Jr., Xnnah Herman-Snyder, Esquire Attorney for Plaintiff 4X(arylou Matas, Esquire Attorney for Defendant bas 6e. 1 IO k CATHY J. MYERS IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 054705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant/Respondent PACSES# 706108383 ORDER OF COURT AND NOW, this 26th day of July, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,005.16 and Respondent's monthly net income/earning capacity is $2,748.92, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $600.00 per month payable monthly as follows; $276.92 for alimony pendente lite. First payment due within ten (10) days of this order. Arrears set at $0.00 as of July 25, 2006. The effective date of the order is 07/28/06. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and 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: Cathy J. Myers. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the 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 are to be paid as follows: 50% by Respondent and 50% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to maintain medical insurance coverage. Other Conditions: i THE PARTIES AGREE THAT THE APL WILL CONTINUE FOR A SIX MONTH PERIOD, EFFECTIVE JULY 28, 2006. WIFE IS TO MAINTAIN MEDICAL INSURANCE ON HUSBAND. 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. Copies mailed to parties 07/25/06. (.-IT Consented: Petitioner J 0_ - kA? q Qa...- ??? Respondent DRO: R.J. Shadday Plaintiff/Petitioner Defendant/Respondent Marylou Matas, Esquire Hannah Herman-Snyder, Esquire vAl', -? ? a?? - At'o o y Pet?1's Atto y J'A Qj".A 'MaD, - rr??10, Respondent's Attorney BY THE COURT, Q,e Edgar B. Bayley, J dge 1 11 .. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/28/06 Case Number (See Addendum for case summary) 706108383 05-4705 CIVIL Ox Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number LAND O LAKES INC 405 PARK DR CARLISLE PA 17013-9270 191-40-7544 Employee/Obligor's Social Security Number 2027101686 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attadtment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 600. 00 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Q yes ® 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 $ 600.00 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: $ 138.46 per weekly pay period. $ 276.92 per biweekly pay period (every two weeks). $ Soo. oo per semimonthly pay period (twice a month). $ 600, oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate(date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY TH qURT: Date of Order: JUL 3 1 2006 w Edijar B. Bayley, udge DRO: R.J. Shadday Form EN-028 Service Type M OMa No.: 0970-0154 Worker ID $IATT RE: MYERS, ROBERT A. Employee/Obligor's Name (Last, First, MI) ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If, hecke you are required, to pr de gopy of this form to your?21oyee. If yorr employee Corks in a state tha is i e ent rom the state that issu t is o er, a copy must be provi to your emp oyee even if t e box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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.* yayniem. 1110 You must comply with the law of the paydatdclateo"Mthholmling isthed'.M on which amount vm withheld fiv... the e ... ployee's wages. 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4103651450 EMPLOYEE'S/OBLIGOR'S NAME: MYERS. ROBERT A. - EMPLOYEE'S CASE IDENTIFIER: 2027101686 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 employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. AntWiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of., 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; 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. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240.6225 or by FAX at (717) 240.6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No, 0970-0154 Form EN-028 Worker ID $1ATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MYERS, ROBERT A. PACKS Case Number 706108383 Plaintiff Name CATHY J. MYERS Docket Attachment Amount 05-4705 CIVIL$ 600.00 Child(ren)'s Name(s): DOB ? 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 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? 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 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? 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 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB r .' `` 4_ ":?- ????; . -i s ROBERT A. MYERS, Plaintiff V. CATHY J. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4705 CIVIL TERM IN DIVORCE PETITION FOR APPOINTMENT OF MASTER AND NOW comes Plaintiff, Robert A. Myers, by and through his attorney of record, Hannah Herman-Snyder, Esquire, and requests the Court appoint a Master with respect to the following claims: (x) Divorce () Distribution of Property () Annulment (x) Support (x) Alimony (x) Counsel Fees (x) Costs and Expenses (x) Alimony Pendente Lite and in support of his Petition states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant is represented by Marylou Matas, Esquire. 3. The statutory grounds for divorce is 23 Pa.C.S.A. §3301(c). 4. This action is contested with respect to the claims: All of the above except divorce. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: None. Respectfully submitted, lass ?nh !?j 4J%, wcin - a l n Hannah Herman-Snyder, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 J ROBERT A. MYERS, Plaintiff V. CATHY J. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05-4705 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the 4th day of August, 2006, cause a true and correct copy of the foregoing document to be served upon the interested parties as follows by first class mail, postage prepaid: Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 DATE: ?,- y - a U sln ,... n h -.&I -4k. Hannah Herman-Snyder, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 3 M Cl ROBERT A. MYERS, Plaintiff V. CATHY J. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05-4705 CIVIL TERM IN DIVORCE ORDER APPOINTING MASTER AND NOW this 'day of 2006, E. Robert Elicker. II, 6 Esquire, is appointed Master with respect to the following claims: Divorce, Alimony, Cost and Expenses. Support. Counsel Fees and Alimony Pendente Lite. J. cc: /? Herman-Snyder, Esquire Attorney for Plaintiff arylou Matas, Esquire Attorney for Defendant ob??t EI -, c Ke 1z J A'?Y .4. F N ? r y °y r 1 i oe s A a . CATHY J. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 054705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant/Respondent PACSES # 706108383 ORDER OF COURT AND NOW to wit, this 29th day of August, 2006, it is hereby Ordered that the Respondent will pay an additional sum of $100.00 per month on the accumulated arrears. DRO: R.J. Shadday zc: Petitioner Respondent Hannah Heenan-Snyder, Esq. Marylou Maras, Esq. Service Type: M Form OE-520 Worker: 21005 sugar n. >3ayley, J. ? T ? Yf 1?lf -y - ? L-J n.? f'- f O . :.. •? . I emu, l ? . I GJ ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 08/30/06 Case Number (See Addendum for case summary) 706108383 0 Original Order/Notice 05-4705 CIVIL O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number LAND O LAKES INC 405 PARK DR CARLISLE PA 17013-9270 RE: MYERS, ROBERT A. Employee/Obligor's Name (Last, First, M0 191-40-7544 Employee/Obligor's Social Security Number 2027101686 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, M0 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 600. 00 per month in current support $ loo. 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 $ 700.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 161.54 per weekly pay period. $ 323, o8 per biweekly pay period (every two weeks). $ 35o. oo per semimonthly pay period (twice a month). $ 700. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE Date of Order: AUG 3 1 2006 .Edgar B. Bayley. J kie DRO: R.J. Shadday Form EN-028 Service Type m OMaNo.:09]0.0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? I hecke? you are required to provide a 4opy of this form to your employee. If your employeevyorks in a state that is ifgferent from the state that issued this ortler, a copy must be provitled 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 employeelobligor. 3.* 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4103651450 EMPLOYEE'S/OBLIGOR'S NAME: MYERS, ROBERT A. EMPLOYEE'S CASE IDENTIFIER: 2027101686 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; 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. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: ]DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employeelobligor 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 OMB No.: 097M154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MYERS, ROBERT A. PACSES Case Number 706108383 Plaintiff Name CATHY J. MYERS Docket Attachment Amount 05-4705 CIVIL$ 700.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? 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. ? 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. ? 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. ? 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. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No. 09]0-0154 53 r„?-` -v c?4; ROBERT A. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-4705 CATHY J. MYERS, Defendant IN DIVORCE PRAECIPE TO AMEND THE CAPTION FOR PETITION FOR ECONOMIC RELIEF SUPPORT, ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES AND COSTS TO THE PROTHONOTARY: Kindly correct the caption for the attached Petition originally filed in the above captioned case on June 23, 2006. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Ma WMatas, Esquire Atty Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: ! f' Counsel for Defendant SAIDIS, FLOWER & LINDSAY ArtotavM Ai tww 26 West High Street Carlisle, PA _ ?, ?? ? W .`??1?? . Tye ?? "? . / ? 4 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dirt. Of CUMBERLAND Date of Order/Notice 10/23/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number LAND O LAKES INC 405 PARK DR CARLISLE PA 17013-9270 Employee/Obligor's Name (Last, First, MI) 191-40-7544 Employee/Obligor's Social Security Number 2027101686 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 6o0 . o0 per month in current support $ 0. 0o 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 $ 600.00 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: $ 138.46 per weekly pay period. $ 276.92 per biweekly pay period (every two weeks). $ 300.00 per semimonthly pay period (twice a month). $ 600.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE C RT: Date of Order: OCT 2 4 2006 C, Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT O Original Order/Notice 0 Amended Order/Notice O Terminate Order/Notice RE: MYERS, ROBERT A. -y ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checkefl you are required to provide a copy of this form to your em loyee. If your employee works in a state that is different rom the state that issued this order, a copy must be provide to your employee even if the box is not checed. 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 paydat'e'date ol with -hich amount was withheld irom the employee's . 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4103651450 EMPLOYEE'S/OBLIGOR'S NAME:___ _MYERS, ROBERT A. EMPLOYEE'S CASE IDENTIFIER: 2027101686 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. §1673 01; 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. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Rev. 1 Worker ID $IATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MYERS, ROBERT A. PACSES Case Number 706108383 Plaintiff Name CATHY J. MYERS Docket Attachment Amount 05-4705 CIVIL$ 600.00 Child(ren)'s Name(s): ? 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 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? 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 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB ? 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? 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 Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) EJ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970.0154 - ' t C, cz, -i ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State om nwealth of Pennsv vania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 01/31/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number LAND 0 LAKES INC 405 PARK DR I U I4:,1 O5.- 4105 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE:MYERS, ROBERT A. Employee/Obligor's Name (Last, First, MI) 191-40-7544 Employee/Obligor's Social Security Number 2027101686 Employee/Obligor's Case Identifier CARLISLE PA 17013-9270 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? yes (S) no $ o . 00 per month in current and past-due medical support $ 0. 00 per month for genetic test costs $ per month in other (specify) fora 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: $ o . o o per weekly pay period. $ o. o o per biweekly pay period (every two weeks). $ . o o per semimonthly pay period (twice a month). $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE URT: Date of Order: FEB 0 1 2007 1 G Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker I D $ IATT I' ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifghecke l you are required. di to pr?vide a jopy of this form to your m loyee. If yo r employee works in a state that is Brent rom the state that issue this o er, a copy must be providedpto your emproyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* . 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4103651450 EMPLOYEE'S/OBLIGOR'S NAME: MYERS, ROBERT A. EMPLOYEE'S CASE IDENTIFIER: 2027101686 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 employeelobligor 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 0 5 U.S.C. §1673 01; 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. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MYERS, ROBERT A. PACKS Case Number 706108383 Plaintiff Name CATHY J. MYERS Docket Attachment Amount 05-4705 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ? 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ..................... . ?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 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? 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. Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? 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 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?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. OMB No.: 0970-0154 Addendum Form EN-028 Rev. 1 Worker ID $zATT f PACSES CASE NO. 706108383 CATHY J. MYERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATION SECTION CIVIL ACTION - DIVORCE ROBERT A. MYERS, DEFENDANT NO. 05-4705 CIVIL ORDER OF COURT AND NOW, this 1 st day of February, 2007, the Court being informed by the Domestic Relations Section that all of the arrears have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the above captioned case be closed. 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 Domestic Relations Section for a hearing de novo before the Court. BY THE URT, Edgar yley, Judg DRO: R.J. Shadday Form OE-001 Service Type M Worker ID 21005 g.a C3 ? t`z es - ? s , --; ? - F -, j ? ,?? ?? ^? --? ° ? ? ? " ^.,? { .F 4? "( i ` w- f y '??? ?,? ^.^ N' j, f CATHY J. MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -DIVORCE NO. 05-4705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant PACSES NO. 706108383 STIPULATION AND AGREEMENT FOR THE PAYMENT OF ALIMONY PENDENTE LITE This Agreement made this 9th day of February 2007, by and between Hannah Herman- Snyder, Esquire, counsel for the above captioned Defendant, Robert A. Myers, and Marylou Matas, Esquire, counsel for the above captioned Plaintiff, Cathy J. Myers. The parties by and through their counsel agree as follows: 1. Petitioner is Cathy J. Myers, Plaintiff in the above captioned divorce and support matter. 2. Respondent is Robert A. Myers, Defendant in the above captioned divorce and support matter. 3. Petitioner filed an action at PACSES # 706108383 for alimony pendente lite and an action for divorce. 4. The prior Order for support, dated July 26, 2006, terminated by its terms after six months, and an Order was issued on February 1, 2007 that the prior support Order be closed. 5. Petitioner and Respondent wish to enter into an agreement relative to Petitioner's claim for alimony pendente lite. 6. The effective date of the Order is February 1, 2007. 7. Respondent shall pay $600.00 per month at the rate of $276.92 biweekly, in accordance with his pay schedule. 8. Petitioner shall maintain medical coverage for herself and shall be responsible for 100% of her unreimbursed medical expenses. 9. This Order shall continue for twenty-four months from the effective date. IN WITNESS WHEREOF, counsel, on behalf of the parties, hereto have set their hands and seals this day and year first above written: Hannah Herman-Snyder, Esquire Attorney for Robert Myers Mary o as, Esq Attorney Cathy Myers Q-9- ?3 --1 Date 2 b7 Dad n nI A FM 122W CATHY J. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -DIVORCE NO. 05-4705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant PACSES NO. 706108383 ORDER CO-eOURT AND NOW, this day of , 2007, based upon the Court's determination that Petitioner's monthly net income/earning ca city is $0 and Respondent's monthly net income/earning capacity is $0, it is hereby Ordered at the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $600.00 per month payable monthly as follows: $276.92 for alimony pendente lite. First payment due as agreed upon in the parties' Stipulation. Arrears set at $0.00 as of the date of February 1, 2007. The effective date of the Order is 02/01/07. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and 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 SCDE to: Cathy J. Myers. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the 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 are to be paid as follows: 100% by Petitioner and 0% by Respondent. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Petitioner to maintain medical insurance coverage. Other conditions: THE PARTIES AGREE THAT THE APL WILL CONTINUE FOR A TWENTY-FOUR MONTH PERIOD, EFFECTIVE FEBRUARY 1, 2007. 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 P l ainti ff/P et i ti on er Defendant/Respondent Marylou Matas, Esquire Hannah Herman-Snyder, Esquire BY THE COURT, U i ' EA_ n 1 ECr j q CV ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/09/07 Case Number (See Addendum for case summary) Employe r/With holder's Federal EIN Number LAND O LAKES INC 405 PARK DR CARLISLE PA 17013-9270 O Original Order/Notice 706108383 O Amended Order/Notice 05-4705 CIVIL O Terminate Order/Notice RE: MYERS, ROBERT A. Employee/Obligor's Name (Last, First, MI) 191-40-7544 Employee/Obligor's Social Security Number 2027101686 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 600.00 per month in current support $ o. oo 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 $ 600.00 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: $ 138.46 per weekly pay period. $ 276.92 per biweekly pay period (every two weeks). $ 300. oo per semimonthly pay period (twice a month). $ boo . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MA/L. BY TH URT: Date of Order: MAR 12 2007 DRO: R.J. Shadday Service Type M Edgar B. Bayley, J 1ge Form EN-028 Rev. 1 OMB No.: 0970-0154 Worker ID $IATT P-1 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to provide a opy of this form to your m loyee. If yo r employee orks in a state that is di event from the state that issued this order, a copy must be provic?edpto your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydat&E)ate of Withholding. You must report the paydate/date of withholding paydate/date of withholding is the date on which arnount was withheld from the employee's wages.. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Omer/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. THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 4103651450 EMPLOYEE'S/OBLIGOR'S NAME: MYERS, ROBERT A. EMPLOYEE'S CASE IDENTIFIER: 2027101686 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 employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State; in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; 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. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MYERS, ROBERT A. PACSES Case Number 706108383 Plaintiff Name CATHY J. MYERS Docket Attachment Amount 05-4705 CIVIL$ 600.00 Child(ren)'s Name(s): DOB ? 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. ? 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. ? 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. ? 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. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker I D $ IATT OMB No.: 0970-0154 ?? C m., CATHY J. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-4705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant PACSES # 706108383 ORDER OF COURT AND NOW to wit, this 14th day of March 2007, it is hereby Ordered that, the defendant is given credit in the amount of $276.92 for a direct payment to the plaintiff via the mail through the Domestic Relations Section. BY THE COURT: Q 1117 N G 7 Edgar B. Bayley, DRO: R.J. Shadday xc: Petitioner Respondent Marylou Matas, Esq. .Hannah Herman-Snyder, Esq. Form OE-001 Service Type: M Worker: 21005 ^, -rs r _ 51 :? rti CATHY J. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-4705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant PACSES # 706108383 i ORDER OF COURT AND NOW to wit, this 19th day of March 2007, it is hereby Ordered that the defendant is given credit in the amount of $553.84 for direct payments to the plaintiff pursuot to the letter of Marylou Matas, Esq. dated March 6, 2007 and adjusted on March 9, 2007. BY THE COURT: Edgar B. Bayley, 01 J. DRO: R.J. Shadday xc: Petitioner Respondent Marylou Matas, Esq. Hannah Hennan-Snyder, Esq. Service Type: M Form OE-001 Worker: 21005 N ze, co ROBERT A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CATHY J. MYERS, NO. 05-4705 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September 9, 2005, and service was made on September 19, 2005 by restricted delivery, certified mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 0`? ?w (L1 1\ ROBERT A. MYERS, Plai iff r-? (:3 -n ° ? c ..? ? ?. ?+ -mss ? ? ?-?? - ra +?; ? ': ? n? ? _ ?r?: ? ?;,'e Q y ;?--r ; ? , -^C? s - .??..--.-?? a"? ? ? `?3 :.? t?J ROBERT A. MYERS, Plaintiff V. CATHY J. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4705 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 0? (AZ J u 7 RA4(? - ?? ROBERT A. MYERS, Pla tiff C=)'' c?a O 73 t Z-i Fn C.,J i? o co < ROBERT A. MYERS, IN THE COURT OF COMMON PLEAS Defendant CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-4705 CATHY J. MYERS, Plaintiff IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 9, 2005. 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. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ? (- I fl U C 6, r?-? .,/ Date: ` I 7 Cathy J. ers DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 1 1 understand that I will not be divorced until a Divorce Decree is entered by the 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: i ` v o Cathy J. M r r0 C r MM p C ca 00 ROBERT A. MYERS, Plaintiff VS. CATHY J. MYERS, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 4705 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 0710-6C day of 400-- , 2007, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated April 20, 2007, 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, Q I- 1 G Edgar B. Bayley, .J. cc: /annah Herman-Snyder Attorney for Plaintiff VM_ arylou Matas Attorney for Defendant ?7 ii i/1.Ji t. V ^ry 'inn .S • I IN 9G d dV LOOZ a SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this . )O+' day of A p c i 1 , 2007, by and between ROBERT A. MYERS, of 140 Glendale Street, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," AND CATHY J. MYERS, of P.O. Box 118, Boiling Springs, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on May 31, 1986, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EOUITABLE DISTRIB UTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement, Profit-Sharing. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's pension through his present employment at Land O' Lakes, Inc. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her present employment at South Middleton School District. Husband agrees to transfer to Wife THIRTEEN THOUSAND AND XX/100 ($13,000.00) DOLLARS from his Land O' Lakes, Inc. 401(k) plan. Husband's counsel shall prepare a Qualified Domestic Relations Order (hereinafter "QDRO") to effectuate this transfer, and shall submit it for preapproval no later than the date of execution of this Agreement. Husband shall take no action to withdraw any funds or do anything which may cause the value of his Land O'Lakes, Inc. 401(k) plan account to decrease, so as to ensure that funds are available for transfer in the amount of THIRTEEN THOUSAND AND XX/100 ($13,000.00) DOLLARS. Within ten days of execution of this agreement each party shall sign a release for authorization for opposing counsel to contact all prior employers for information regarding pension, retirement and other accounts that each may have in his or her individual name or may have secured or may have an interest in through prior employment. If it is discovered that such accounts exist, they will be distributed so that each will receive 50% of the marital portion of the other party's account. 3.7 Vehicles. The parties acknowledge that Husband has in his possession a certain 1997 Oldsmobile Achieva, which is currently titled jointly in both parties' names. Wife shall, within ten (10) days of executing this Agreement, execute the title to said vehicle such that the title shall be in Husband's name alone. From that date forward, Wife shall have no ownership claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle. Husband shall waive any right, title or interest he has or may have in any vehicle currently in Wife's ownership and possession. 3.8 Intangible Personal Property, The parties have already transferred or waived rights and interests in other intangible personal property including their various bank accounts, credit union accounts and the like. Neither party shall make of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that has already been retained by that party as described herein. 3.9 Cash Transfer. Husband shall pay to Wife a sum of TWENTY-FIVE THOUSAND AND XX/100 ($25,000.00) DOLLARS, as part of their equitable distribution, payable upon both parties' execution of the Agreement, and each parties' respective execution of his/her Affidavit of Consent and Waiver of Notice. ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that they filed a joint Chapter 7 bankruptcy on September 30, 2006 and received a discharge such that no marital debt exists. 4.2 Each party represents to the other that there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTh-FF V ALIMONY. ALIMONYPENDENTE LITE, SPO USAL SUPPORT AND MAINTENANCE 5.1 The parties agree and acknowledge that Husband shall pay the sum of SIX HUNDRED AND XX/100 ($600.00) DOLLARS per month to Wife as alimony. These payments are not modifiable. Husband's obligation to pay under this paragraph shall end and he shall be released from the obligation of payment upon the death or remarriage of Wife. There is currently an Order for alimony pendente lite (hereinafter "APL"), effective February 1, 2007, for twenty-four (24) consecutive months. Upon the date the parties' divorce becomes final, said APL obligation shall become an obligation for alimony for the remainder of the twenty-four (24) months, such that the APL obligation that began on February 1, 2007 shall become an alimony obligation that shall end on January 31, 2009. Counsel for Wife shall prepare a Stipulation and Agreement and both parties shall sign it within ten (10) days of the divorce being granted. Said Stipulation and Agreement shall be submitted to the Domestic Relations Office and shall provide that Husband continue to be wage attached for his alimony obligation through the end of the twenty-four (24) months, such that his alimony obligation shall end on January 31, 2009. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtsey, or claims in the nature of dower or curtesy or 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 participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. 6.13 Financial Disclosure. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been minimal formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim in equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeing equitable distribution of said asset. 6.14 Divorce: Husband has commenced an action for divorce against Wife pursuant to 3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce in the Court of Common Pleas of Cumberland County. Both parties shall, immediately upon the execution of this Agreement, furnish Husband's counsel with signed Affidavits of Consent and Waivers of Notice of Intention to Request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement further: a) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. b) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: eaQy?P4 r' ?..1 I a1 O 1 ? el ` -?? Date ROBERT A. MYERS 6C4?? ('C," 0,40 t ? U-7 Date CATHY J. &YtRS COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?? l? On this day of , 2007, before me, the undersigned officer, personally appeared ROBERT A. MYERS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL IM TIFANY I FIELDS Notary Public CARLISLE BOROUGH, CUMNRLAND COUNTY My Commiisslon 131008 Nov 3, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this lo'?2 day of 4-orl , , 2007, before me, the undersigned officer, personally appeared CATHY J. MYERS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL KANDI L. LENKER, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY , MY COMMISSION EY.PIRES MARCH " '<' `' ROBERT A. MYERS, Plaintiff V. CATHY J. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4705 CIVIL TERM 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 §3301(c) 3301(d)(1) of the n;""""° Code (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on September 19, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 04/20/07 by Defendant: 04/18/07 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the : Prothonotary: April 20, 2007 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 20, 2007 NA)?.&Z o, - SA C0 8 9 A Hannah Herman-Snyder, EsquiA GRIFFIE & ASSOCIATES Attorney for Plaintiff r-> ti. ?-?' ,?? -`t-t ..?.: ,? ? ? -, _ ?' 9 "'+?' •?? .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Robert A. Myers, Plaintiff VERSUS Cathy J. Myers, Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Robert A. Myers , PLAINTIFF, AND Cathy J. Myers 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; M>q The parties' Property Settlement Agreement entered into on April 20, 2007 is in BY THE C ATTEST: NO. 2005-4705 J. orated herein, but not med. PROTHONOTARY t Dtx. o a 200 ROBERT A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CATHY J. MYERS, NO. 05-4705 CIVIL TERM Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER LAND O' LAKES, INC. EMPLOYEE SAVINGS AND SUPPLEMENTAL RETIREMENT PLAN 1. Effect of this Order as a Qualified Domestic Relations Order. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan which is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code, as amended, and Section 206(d)(3) of ERISA, as amended. 2. Definitions. For the purposes of this Order, the following terms, when used with initial capital letters, shall have the following meanings. 2.1 "Alternate Payee" means the following person: Name: Cathv J. Mvers Last Known Mailing Address: P. 0. Box 118 Boiling Springs, PA 17007 Telephone Number: (717) 386-1942 Date of Birth: December 20, 1960 Social Security Number: xxx-xx-xxxx 2.2 "Participant" means the following person: Name: Robert A. Myers Last Known Mailing Address: 1 40 Glendale Street Carlisle, PA 17013 Telephone Number: (717) 249-0206 Date of Birth: April 14, 1952 Social Security Number: xxx-xx-xxxx 2.3 "Participant's Interest" is the total dollar value of the Participant's account balance in the Plan as of April 20, 2007 (herein "Determination Date"). [NOTE: This date should be the last day of a month if the Participant's Interest is determined by a date which precedes September 1, 1998.] 2.4 "Plan" means the qualified defined contribution plan known by the name, "Land O' Lakes, Inc. Employee Savings and Supplemental Retirement Plan." QDRO Page 2 2.5 "Plan Administrator" means the Land O' Lakes, Inc. Employee Retirement Committee, whose mailing address is Land O' Lakes, Inc., P.O. Box 64101, St. Paul, MN 55164-0101. Payment. 3.1 Assignment. The Participant assigns to the Alternate Payee, and the Alternate Payee is awarded, Thirteen Thousand dollars ($13,000.00) of the Participant's Interest in the Plan. After this assignment, the Participant shall have no remaining rights to investment, direction, distribution, borrowing, or beneficiary designation or any other right to the portion assigned. After the assignment, the Alternate Payee is, for all purposes, to be treated as a beneficiary to whom payment of the assigned portion must be made. The assigned portion is to be credited with future earnings and losses arising from the investment of assets of the assigned portion of the Plan between the Determination Data and distribution of the assigned portion. 3.2 Distribution. The form of distribution of the assigned portion is to be in a form determined in accordance with the rules of the Plan. The time of distribution of the assigned portion is to be the earliest time for distribution permitted by the plan and shall be not later than the time when distribution is made to the Participant or, if earlier, when the Participant reaches the earliest retirement age permitted under the Plan or ERISA, whither or not the Participant is retired. 4. Obligations of the Alternate Pam Upon entry of this Order, the Alternate Payee shall deliver to the Plan Administrator a certified copy of this Order and shall simultaneously furnish the Participant with evidence of such delivery. The Alternate Payee shall be responsible for the payment of all local, state, and federal income taxes on amounts paid to the Alternate Payee under this order. The Alternate Payee shall file all elections, applications, or other forms required by the Plan Administrator in connection with the distribution contemplated by this Order. 5. Obligation of the Participant. The Participant shall cooperate fully with the Plan Administrator and the Alternate Payee in executing such documents and taking all other actions as may be necessary or required for the purpose of effecting the distribution contemplated by this Order. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order or that could diminish or extinguish the rights and entitlements of the detriment of the Alternate Payee, Participant shall be required to neutralize the effects of Participant's action or inaction to the extent of the Participant's full entitlements hereunder. In the event the Plan Administrator inadvertently pays to the Participant any benefits which are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that Participant has received such benefits payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. .a Page 3 QDRO 6. Notices. Copies of all notices sent by the Plan Administrator to the Alternate Payee shall be sent to the following representative of the Alternate Payee at the following address: Name: Marylou Matas, Esquire Address: 26 West High Street, Carlisle, PA 17013 The Alternate Payee shall not designate any other representative for the receipt of copies of notices that are sent to the Alternate Payee. 7. Liability of Plan and Plan Administrator. To the extent the Plan made a reasonable and good faith effort to observe the terms of this Order in making the distribution to the Alternate Payee contemplated by this Order, the Plan, the Plan Administrator, and every fiduciary of the Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and assigns) and shall be fully discharged from any further liability to the distribution. The Alternate Payee agrees to hold the Plan and its sponsor and fiduciaries harmless from any liabilities that may arise from the terms and conditions of this Order, including, but not limited to , any attorney's fees incurred. The Plan, its sponsor, and its fiduciaries are not responsible for any costs or attorney's fees incurred by the Participant or the Alternate Payee in obtaining this Order or in enforcing its terms. 8. Reservation of Jurisdiction. The Court reserves jurisdiction to amend this Order to establish or main 'nth Or is status as a QDRO under ERISA and the Code. 1 By the Court ) Date.. 16, Participant Date: p Z Alternate Payee Date: r r- ?? l 3 LLI JAC_ CATHY J. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -DIVORCE NO. 05-4705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant PACSES NO. 706108383 MOTION TO AMEND ORDER AND NOW, comes Petitioner, Marylou Matas, Esquire, and files this Motion and in support thereof avers as follows: 1. Petitioner is Cathy Myers, Plaintiff in the above referenced divorce matter. 2. Respondent is Robert A. Myers, Defendant in the above referenced divorce matter. 3. The parties are divorced from the bonds of matrimony, with a copy of the final divorce decree being attached hereto and incorporated herein by reference as Exhibit A. 4. A Separation and Property Settlement Agreement dated April 20, 2007, executed by the parties, is incorporated into the decree. A copy of the Agreement is attached hereto and incorporated by reference as Exhibit B. 5. Pursuant to paragraph 5.1 of the Agreement, Defendant is obligated to make alimony payments to Plaintiff in the amount of $600 per month beginning in the month that the parties' divorce becomes final. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 6. There currently is an Order for alimony pendent elite in effect, docketed to the above action and PACSES NO. 706108383. The Order dated February 15, 2007 is attached hereto and incorporated herein by reference as Exhibit C. 7. Pursuant to paragraph 5.1 of the Agreement, the APL obligation shall become an obligation for alimony, so that there does not need to be a disruption in payments to Plaintiff. 8. Since the parties' were divorced on May 8, 2007, Petitioner requests that the APL obligation be modified to an alimony obligation, effective the first day of the month following entry of the divorce decree, to continue through January 31, 2009, without disruption in the payment schedule, in accordance with the terms of the parties' Separation and Property Settlement Agreement, dated April 20, 2007. 9. The parties agree that the alimony obligation shall be collected from Defendant by Cumberland County Domestic Relations Office via wage attachment. 10. Pursuant to local rule 208.3(a)(9),- a copy of the Motion has been provided to Defendant's counsel, Hannah Herman-Snyder, Esquire, who concurs with the relief requested. 11. Pursuant to the requirements of local rule 208.3(a)(2), it is noted that Judge Bayley ruled previously in this matter, in that he issued the Order for APL, dated February 15, 2007. WHEREFORE, Petitioner requests your Honorable Court to amend the Domestic Relations Order in this matter to provide for the collection of alimony, pursuant to the terms of the parties' Separation and Property Settlement Agreement, dated April 20, 2007. Respectfully submitted, SAMIS, LENDS" W 26 West High Street Carlisle, PA Dated: `-- fiZZ /C.7_ SAIDIS, FLOWER & LINDSAY Marylt u I Iatas, Esquire Attorney Id.84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner VERIFICATION I verify that the statements made in the foregoing document are true and correct. I SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: 7 IOU ea-thy J. y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Robert A. Myers, Plaintiff VERSUS Cathy J. Myers, Defendant NO. 2005-4705 DECREE IN DIVORCE AND NOW, - , IT IS ORDERED AND DECREED THAT Robert A. Myers PLAINTIFF, AND Cathy J Myers DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECD D IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Property Settlement Agreement entered into on April 20, 2007 is inco ated herein, but not gja-rpged. BY THE ATTEST: J. PROTHONOTARY 8 ? J SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this ?O ' day of -Ap ci 1 , 2007, by and between ROBERT A. MYERS, of 140 Glendale Street, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," AND CATHY J. MYERS, of P.O. Box 118, Boiling Springs, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on May 31, 1986, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; -- - - - - - - - WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and ?t n 91 WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1. This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either parry from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EO UITABLE DISTRIB UTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in fall satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Property.y. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal ? ? Y1 property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement, Profit-Sharing. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's pension through his present employment at Land O' Lakes, Inc. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her present employment at South Middleton School District. Husband agrees to transfer to Wife THIRTEEN THOUSAND AND XX/l00 ($13,000.00) DOLLARS from his Land O' Lakes, Inc. 401(k) plan. Husband's counsel shall prepare a Qualified Domestic Relations Order (hereinafter "QDRO") to effectuate this transfer, and shall submit it for preapproval no later than the date of execution of this Agreement. Husband shall take no action to withdraw any funds or do anything which may cause the value of his Land O'Lakes, Inc. 401(k) plan account to decrease, so as to ensure that funds are available for transfer in the amount of THIRTEEN THOUSAND AND )X/100 ($13,000.00) DOLLARS. Within ten days of execution of this agreement each party shall sign a release for authorization for opposing counsel to contact all prior employers for information regarding pension, retirement and other accounts that each may have in his or her individual name or may have secured or may have an interest in through prior employment. If it is discovered that such r accounts exist, they will be distributed so that each will receive 50% of the marital portion of the other party's account. 3.7 Vehicles. The parties acknowledge that Husband has in his possession a certain 1997 Oldsmobile Achieva, which is currently titled jointly in both parties' names. Wife shall, within ten (10) days of executing this Agreement, execute the title to said vehicle such that the title shall be in Husband's name alone. From that date forward, Wife shall have no ownership claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle. Husband shall waive any right, title or interest he has or may have in any vehicle currently in Wife's ownership and possession. 3.8 Intanzible Personal Property. The parties have already transferred or waived rights and interests in other intangible personal property including their various bank accounts, credit union accounts and the like. Neither party shall mare of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that has already been retained by that party as described herein. 3.9 Cash Transfer. Husband shall pay to Wife a sum of TWENTY-FIVE THOUSAND AND XX/100 ($25,000.00) DOLLARS, as part of their equitable distribution, payable upon both parties' execution of the Agreement, and each parties' respective execution of his/her Affidavit of Consent and Waiver of Notice. • i ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that they filed a joint Chapter 7 bankruptcy on September 30, 2006 and received a discharge such that no marital debt exists. 4.2 Each parry represents to the other that there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, ALIMONYPENDENTE LITE, SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties agree and acknowledge that Husband shall pay the sum of SIX HUNDRED AND X M 00 ($600.00) DOLLARS per month to Wife as alimony. These payments are not modifiable. Husband's obligation to pay under this paragraph shall end and he shall be released from the obligation of payment upon the death or remarriage of Wife. There is currently an Order for alimony pendente lite (hereinafter "APL"), effective February 1, 2007, for twenty-four (24) consecutive months. Upon the date the parties' divorce becomes final, said APL obligation shall become an obligation for alimony for the remainder of the twenty-four (24) months, such that the APL obligation that began on February 1, 2007 shall become an alimony obligation that shall end on January 31, 2009. Counsel for Wife shall prepare a Stipulation and Agreement and both parties shall sign it within ten (10) days of the divorce being granted. Said Stipulation and Agreement shall be submitted to the Domestic Relations Office and shall provide that Husband continue to be wage attached for his alimony obligation through the end of the twenty-four (24) months, such that his alimony obligation shall end on January 31, 2009. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, K 4 ON whether arising out of any former acts, contracts, engagements, or.liabilities of such other as by way of dower or curtsey, or claims in the nature of dower or curtesy or 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 participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other parry may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. n 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching parry shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching parry. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. 6.13 Financial Disclosure. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties aclalowledge that there has been minimal formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. c ?. a Notwithstanding the foregoing, the rights of either party to pursue a claim in equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeing equitable distribution of said asset. 6.14 Divorce: Husband has commenced an action for divorce against Wife pursuant to 3301(c) of the Divorce Code of Pennsylvana by filing a Complaint in Divorce in the Court of Common Pleas of Cumberland County. Both parties shall, immediately upon the execution of this Agreement, furnish Husband's counsel with signed Affidavits of Consent and Waivers of Notice of Intention to Request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement further: a) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. b) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: C Date ROBERT A. MYERS It k-7 Date CATHY 7. S ..y k +' COMMONWEALTH OF PENNSYLVANIA COUNTY OF Jc? n On this ? day of r7tJri , 2007, before me, the undersigned officer, personally appeared ROBERT A. MYERS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL TIFAW A FIELDS Nolory Public CARLISLE BOROUGH, CumsERLAND coutM My Corrrmisslon Expires Nov 3. 201 D COMMONWEALTH OF PENNSYLVANIA COUNTY 0F?C1f1 On this f? day of 2007, before me, the undersigned officer, personally appeared CATSYJ. MYERS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL EGOmAMjSSi0N ENKER, NOTARY PUBLIC R0, GUIdIBERLAND CGUi?! ?Y , EXPIRES MARCH ` •: L Y b i 2W CATHY J. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -DIVORCE NO. 05-4705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant : PACSES NO. 706108383 ORDER RT r AND NOW, this day of , 2007, based upon the Court's determination that Petitioner's monthly net income/earning ca city is $0 and Respondent's monthly net income/earning capacity is $0, it is hereby Ordered at the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $600.00 per month payable monthly as follows: $276.92 for alimony pendente lite. First payment due as agreed upon in the parties' Stipulation. Arrears set at $0.00 as of the date of February 1, 2007. The effective date of the Order is 02/01/07. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S. § 3703. Further, if the Court finds, after hearing, that the. Respondent has willfully failed to comply with this Order, it may declare. the Respondent in civil contempt'of Court and 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 SCDE to: Cathy J. Myers. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the 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 are to be paid as follows: 100% by Petitioner and 0% by Respondent. The Petitioner is responsible to pay the first `$250.00 annually _ in unreimbursed medical expenses. The Petitioner to maintain medical insurance coverage. Other conditions: r THE PARTIES AGREE THAT THE APL WILL CONTINUE FOR A TWENTY-FOUR MONTH PERIOD, EFFECTIVE FEBRUARY 1, 2007. 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 Plaintiff/Petitioner D efendant/Resp on dent Marylou Matas, Esquire Hannah Herman-Snyder, Esquire r RUE COPY FROM REWRO q Tn#monywhered, i here u ft set my hano qd the seal of said C at Carfjste, Pia.. Pmmenarv, BY THE COURT, .--l...-._ 4 f e CATHY J. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. vs. CIVIL ACTION -DIVORCE NO. 05-4705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant PACSES NO. 706108383 cy C= _n r r. ; z. --- - - - - - ST-1PU- -LATI0N-A_ND- AAGREEMENZ_ FOR THE PAYMENT OF ALIMONY PENDENTE LITE _ This Agreement made this 9t' day of February 2007, by and between Hanna??Heran- Snyder, Esquire, counsel for the above captioned Defendant, Robert A. Myers, and Marylou Matas, Esquire, counsel for the above captioned Plaintiff, Cathy J. Myers. The parties by and through their counsel agree as follows: 1. Petitioner is Cathy J. Myers, Plaintiff in the above captioned divorce and support matter. 2. Respondent is Robert A. Myers, Defendant in the above captioned divorce and support matter. 3. Petitioner filed an action at PACSES # 706108383 for alimony pendente lite and an action for divorce. 4. The prior Order for support, dated July 26, 2006, terminated by its terms after six months, and an Order was issued on February 1, 2007 that the prior support Order be closed. f n o- 5. Petitioner and Respondent wish to enter into an agreement relative to Petitioner's claim for alimony pendente lite. 6. The effective date of the Order is February 1, 2007. 7. Respondent shall pay $600.00 per month at the rate of $276.92 biweekly, in accordance with his pay schedule. 8. Petitioner shall maintain medical coverage for herself and shall be responsible for 100% of her unreimbursed medical expenses. 9. This Order shall continue for twenty-four months from the effective date. IN WITNESS WHEREOF, counsel, on behalf of the parties, hereto have set their hands and seals this day and year first above written: Pt- Qj\ r..r h-, N, ? i\ r+\,r J\ - In A 411 Hannah Herman-Snyder, Esquire Attorney for Robert Myers W1 L. /a j-r'n MaryM-q, tas, Esq Attorney' Cathy Myers Date 2 0' Dat r 4? 7 4. 0 CATHY J. MYERS, Plaintiff/Petitioner VS. ROBERT A. MYERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-4705 CIVIL TERM IN DIVORCE PACSES Case Number: 706108383 ORDER OF COURT AND NOW, this 23rd day of July 2007, a petition has been filed against you, Robert A. Myers, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at theDomestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on August 16, 2007 at 10:30 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2'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 the Rule 1910.11. (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 isste a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marylou Matas, Esq. Hannah Herman-Snyder, Esq. ? r Date of Order: July 23, 2007 . Sha ay, C nference Officer a` 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 ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 6 I 1 _ `Yt In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CATHY J. MYERS ) Docket Number 05-4705 CIVIL Plaintiff ) vs. ) PACSES Case Number 7 0 610 8 3 8 3 ROBERT A. MYERS ) Defendant ) Other State ID Number CONSENT ORDER AND NOW, to wit, on this 25TH DAY OF JULY, 2007 IT IS HEREBY ORDERED that the support order in this case be Q Vacated or Q Suspended or ® Terminated without prejudice or Q Terminated and Vacated, effective JUNE 1, 2007 , due to: THE PARTIES' MARITAL SETTLEMENT AGREEMENT OF APRIL 20, 2007. THERE IS A CREDIT OF $923.04 ON THE APL ACCOUNT THAT WILL BE DIRECTED TO ALIMONY ACCOUNT. THE CONFERENCE SCHEDULED FOR AUGUST 16, 2007 IS CANCELLED. B C T. 0111 JUDGE JUL 2 5 2007 Date Form OE-503 Service Type M Worker ID 21005 ?}:? ? r ? ra ? ?_= u'ti -. ? ' - : " . : r ; " _ . L? ROBERT A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CATHY J. MYERS, NO. 05-4705 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: y 1T 1, I O`1 U (4 nn O n mttn - _ 1 n Hannah Herman-Snyder, Esqu e Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 ENTRY OF APPEARANCE Please enter my appearance as the Plaintiff in the above-captioned matter. Respectfully submitted, Date: Gq Robert Myers, Pro Se 140 Glendale Drive Carlisle, PA 17013 7 rya c 7 1 n C:;? "ft ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-4705 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dirt. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 02/02/09 (D Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: MYERS, ROBERT A. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 191-40-7544 Employee/Obligor's Social Security Number LAND 0 LAKES INC 2027101686 PO BOX 64101 Employee/Obligor's Case Identifier SAINT PAUL MN 55164-0101 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ o.oo per month in past-due medical support $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ o . o o 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. $ o. oo per semimonthly pay period (twice a month) $ o . oo per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT' ME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOLI ECUR ?lllild?g?N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. e, ?j 7 BY THE COURT: DRO: R.J. Shadday Edgar B. Bayley, Form EN-028 Rev. 4 Worker I D $ IATT Service Type M OMB No.: 0970-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to provide a Gopy of this form to your em loyee. If yo r employee orks in a state that is diherent from the state that issued this order, a copy must be providedpto your employee even if tie 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 employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4103651450 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ID EMPLOYEE'S/OBLIGOR'S NAME:MYERS, ROBERT A. EMPLOYEE'S CASE IDENTIFIER: 2027101686 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by intemet www.childsupport.state.pa.us _ Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMS No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MYERS, ROBERT A. PACSES Case Number 706108383 Plaintiff Name CATHY J. MYERS Docket Attachment Amount 05-4705 CIVIL$ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT S Ti? 3i 61- X34 1? CATHY J. MYERS, PLAINTIFF/PETITIONER V. ROBERT A. MYERS, DEFENDANT/RESPONDENT PACSES CASE NO. 706108383 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATION SECTION CIVIL ACTION - DIVORCE DOCKET NO: 05-4705 CIVIL ORDER OF COURT AND NOW, this 3rd day of February 2009, the Court being informed by the Domestic Relations Section that the arrears of the above captioned case have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the case be closed. The Cumberland County Domestic Relations Section dismisses their interest in this matter. This Order shall become final twenty 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 Domestic Relations Section for a hearing de novo before the Court. BY T OURT, 1 Edg . Bayley, Jud e DRO: R.J. Shadday xc: plaintiff and defendant Form OE-001 Service Type M Worker ID 21005 ?'` ??: ? .z' CJ 1 i_ ^" ? ?+? Mme' wM? t 4??t ?.?-Y ?? •,?r?? R ?