HomeMy WebLinkAbout05-5665LINDA Z. GORTER,
Plaintiff
V.
DOUGLAS S.GORTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. l5S - -61,LS
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Decree in Divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166
LINDA Z. GORTER,
Plaintiff
V.
DOUGLAS S.GORTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 65 SGbs
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
To the Within Named Defendant:
You have been named as the Defendant in a divorce proceeding filed in the Court of
Common Pleas of Cumberland County. This notice is to advise you that in accordance with
Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse
to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office of the Prothonotary, One Courthouse
Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Prothonotary
LINDA Z. GORTER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY
,
PENNA
V. Y,
]
:NO. DOUGLAS S. GORTER, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
Plaintiff is Linda Z. Gorter, social security no. 077-52-0390, who currently resides
at 211 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Defendant is Douglas S. Gorter, social security no. 329-44-6065, who currently
resides at 4167 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were marred on August 29, 1981, in Endicott, New York.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff is a citizen of the United States of America.
The Defendant is not a member of the Armed Services of the United States of
America or its Allies.
8. The marriage is irretrievably broken. The parties to this action have been separated
since October 15, 2005.
9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
10. Plaintiff requests the Court to enter a Decree in Divorce.
11. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant
has offered such indignities to the Plaintiff so as to render her condition intolerable and life
burdensome.
12. This action is not collusive.
COUNT II
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
13. Plaintiff and Defendant are the owners of various real and personal property,
motor vehicles, bank accounts and insurance policies acquired during their marriage which are
subject to equitable distribution by this Court.
COUNT HI
CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE
14. Plaintiff lacks sufficient property and income to provide for her reasonable needs.
Plaintiff requires reasonable alimony to adequately maintain herself in accordance with the standard
established during the marriage. Defendant is financially able to provide for the reasonable needs
of the Plaintiff.
COUNT IV
CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES
UNDER SECTION 3702 OF THE DIVORCE CODE
15. Plaintiff does not have sufficient funds to support herself and pay the counsel fees
and expenses incidental to this action.
16. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees
and expenses incidental to this divorce action.
WHEREFORE, the Plaintiff requests the Court to enter a Decree:
a. dissolving the marriage between the Plaintiff and Defendant;
Hershey, PA 17033-0650
(717) 533-3280
b. equitably distributing all property owned by the parties hereto;
C. directing the Defendant to pay alimony to Plaintiff,
d. directing the Defendant to pay alimony pendente lite, Plaintiffs counsel fees
and the cost of this suit; and
e. for such further relief as the Court may determine equitable and just.
Respectfully submitted,
JAMES, SMITH, DIETTERICK
& CONNELLY,LLP
C:??e' I:Dated: 0
By'
onn lly, Jr.
LD. 15615
qOx
Attorneys for Plaintiff
Linda Z. Gorter
VERIFICATION
I, Linda Z. Gorter, verify that the statements made in the foregoing Pleading 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 unswom falsification to authorities.
Date: S L l?- ?L
Linda Z. Gorter
f'r-, ? 71'il
- j 4*1 p
(-z-
I
LINDA Z. GORTER,
Plaintiff
V.
DOUGLAS S. GORTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 05-5665
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss.
AND NOW, this 4' day of November, 2005, personally appeared before me, a Notary
Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being
duly sworn according to law, deposes and says that a copy of the Divorce Complaint was served on
the Defendant, Douglas S. Gorter, on November 3, 2005, by certified mail number 7004 2890 0001
4068 7578, as evidenced by the return receipt card attached hereto and made a part hereof.
o JNoun , Jr., Esquire
Sworn to and subscribed
before me this IS
day of November, 2005.
Notary Public
iLvr..L i ? .{J N.,yUJA!,I!.?
NctaGal Seal
Alisa M. Stine, Notary Public
Gerry Twp_. Dauphin County
[my Commission Expires Nov. 19.2067
'1eu:" pion of Notaries
¦ Complete Items 1, 2, and 3. Also complete A. turn
Mitt 4 it Restricted Delivery is desired. ? Agar
x
¦ Print your name and address on the reverse 0 Addressee
ao that We can return the card to you.
¦ Attach this card to the heck of the mai
ipiece, & Received M (Rioted C. Date Of Delivery
tr'' 00'
-
or on the troll It space penults. c T
?4
-
1. Artid.•!IDa SSs(°' D. Is delivery address dmrra Imm g
M YES, enter delivery address -No ti ,
v ?? ...
`" ,
U +>
j
,^
?? s
11
p ? J
a
r
c??
{
nA 3
8
i
I
? erv
V;e
?c'0
.a,
dZwVnea MaN ?&4)" eMeU
` ' K A'n t (S vo- \ '('( ? Registered ? Return Receipt for modwdbe
J l7 Insured Mail ? C.O.D.
r-?1
0 6-Z) - --.. -DalNer .]Extra Fee) Yes
2 Article Number 7004 2890 0001 4068 7578
mr"fer evm "we lebe4
t. ,,
PS Form 3811, February Retu q , „t, , 11111111111 „n, 1111111
Ca
f. .
:
n
' "T
y
?.= L (.:
U
{? {??::: ;:'.??:.:?: ,:': {? :::.y';; ".y.IC,;'` I: ,...a?.IL' ?dD?-", :? °: ?Ei-: " y: r?.: ' {?%' " {?.::::::::?:?;::`?: ..:rV::,
IN THE COURT OF COMMON PL
OF CUMBERLAND COUNTY
STATE OF PENNSYLVANIA
141, 1
LINDA Z ....... ORT-ER,..... --
.
(>. ..0...5 ......5
............
Plaintiff
?? ------------------------------ ------------------------------------.---- I.
'• Versus
DOUGLAS S. GORTER,
------------------------------------------ - -
Defendant
i
A
IJ
DECREE IN
DIVORCE
AND NOW, IS . PP(P, it is ordered
7
EAS
to
and
decreed that ........................... plaintiff,
Douglas S. . .Gorter
and . . . . . ..............................., 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;
i
The attached. Marital • Settlement Agreement •is• hereby
incorporated, but not merged, into this Decree in Divorce •
By The Court
r :
-------- .. . ...... t ------- ---- ----------------- - -
? Att J.
- - --. ?.. --•----
?j Protho o ry
1
'IPr-:':91G.":?::'?-. +Jltr-.::?::?. 4C::::71C?::?Irr :i.,••'.t?r-::4C:. Ski-.{?r.::fav:: ?•; `•?-: ?'A::, •?£•, s•?•-`':N:•-:::?:A: :•s?:?'::•:?:•.:?.A:• ::A:•. .A:•.::•:A:•. ?:?
??y i ? ?Pf f
.s_ ?.,.xY,?27
?1?'? 1?
???? r s
C
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
LINDA Z. GORTER
AND
DOUGLAS S. GORTER
John J. Connelly, Jr., Esquire
JAMES, SMITH, DIETTERICK & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
Telephone: (717) 533-3280
Counsel for Linda Z. Gorter
Marianne E. Rudebusch, Esquire
4711 Locust Lane
Harrisburg, PA 17109
Telephone: (717) 657-0632
Counsel for Douglas S. Gorter
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT made this ` day of
btUM6UZ-, , 2006, by
and between LINDA Z. GORTER, of Lewisberry, York County, Pennsylvania, and DOUGLAS
S. GORTER, of Mechanicsburg, Cumberland County, Pennsylvania.
WITNESSETH:
WHEREAS, Douglas S. Gorter (hereinafter called "Husband") currently resides at 4167
Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050;
WHEREAS, Linda Z. Gorter (hereinafter called "Wife") currently resides at 120 Megan
Way, Lewisberry, York County Pennsylvania 17339;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
August 29, 1981;
WHEREAS, the parties have lived separate and apart since on or about October 15, 2005;
WHEREAS, two children were born of the marriage between the parties, namely, Bradley
R. Gorter, born March 23, 1986; and Stacey K. Gorter, born November 15, 1988;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property, the
support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and
Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference and authority, direct or
indirect by the other. Each may reside at such place or places as he or she may select. Each may,
for his or her separate use or benefit, conduct, carry on or engage in any business, occupation,
1
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatsoever with him or her. Neither parry will interfere
with the use, ownership, enjoyment or disposition of any property now owned by or hereafter
acquired by the other.
2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the
opportunity to receive independent legal advice from counsel of his or her selection. Husband has
secured legal advice from Marianne E. Rudebusch, Esquire, his counsel, and Wife has secured legal
advice from John J. Connelly, Jr., Esquire, her counsel. Each party fully understands the facts and
his or her legal rights and obligations, and each party acknowledges and accepts that this
Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and
voluntarily, and that the execution of this Agreement is not the result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or agreements. In
addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court
has the right and duty to determine all marital rights of the parties including divorce, alimony,
alimony pendente lite, equitable distribution of all marital property or property owned or possessed
individually by the other, counsel fees and costs of litigation and, fully knowing the same, each
party hereto still desires to execute this Agreement acknowledging that the terms and conditions set
forth herein are fair, just and equitable to each of the parties, and waives his and her respective right
to have the Court of Common Pleas of Cumberland County, or any other court of competent
jurisdiction, make any determination or order affecting the respective parties' rights to alimony,
alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of
litigation.
3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or
she is aware of his or her right to seek discovery including, but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has
2
had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law
and each is aware of his or her right to have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any
other court of competent jurisdiction. The parties do hereby acknowledge that there has been full
and fair disclosure to the other of his or her respective income, assets and liabilities, whether such
are held jointly, in the name of one party alone or in the name of one of the parties and another
individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal
or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties
do not wish to make or append hereto any further enumeration or statement. Specifically, each
party waives the need for copies of bank statements, insurance policies, retirement plan statements
or any other documentation. Each party warrants that he or she is not aware of any marital asset
that is not identified in this Agreement. The parties hereby acknowledge and agree that the division
of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them.
Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs,
executors, administrators or assigns, that he or she will never at any time hereafter sue the other
party or his or her heirs, executors, administrators or assigns in any action of contention, direct or
indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was
any fraud, duress, undue influence or that there was a failure to have available full, proper and
independent representation by legal counsel.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the
parties agree, that by this Agreement they have resolved all ancillary economic issues related to the
dissolution of their marriage and thus any divorce action with respect to these parties shall be
limited to a claim for divorce only. Wife acknowledges that she has filed a Divorce Complaint in
the Court of Common Pleas Cumberland County, Pennsylvania, Docket No. 05-5665. The parties
agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of
Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that
counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the
divorce action, counsel for Wife shall supply counsel for Husband with a copy of the Decree.
3
5. EQUITABLE DISTRIBUTION.
A. Real Estate. The parties have sold their jointly titled real estate located at
211 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania. At the time of the sale of the
real estate, the parties divided the proceeds 55% to Wife and 45% to Husband with Wife receiving
$67,133.81 and Husband receiving $54,927.67.
B. Furnishings and Personalty. The parties agree that they have divided by
agreement between themselves all furnishings and personalty located in the Marital Residence,
including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and
equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings
and personalty currently in his possession, free and clear of any right, title, claim and/or interest
of Wife and Wife shall retain all items of furnishings and personal property currently in her
possession as her sole and separate property free and clear of any right, title, claim and/or interest
of Husband.
C. Motor Vehicles.
(1) Husband shall retain as his sole and separate property a 2005 Chevrolet
Impala. This vehicle is provided to Husband by his employer and is considered non-
marital property.
(2) Wife shall retain as her sole and separate property the 2002 Honda CRV.
Wife shall be responsible for any balance due on the said vehicle and she shall indemnify
and hold Husband harmless on the same.
(3) The 1995 Honda Accord shall be, at the appropriate time, transferred to
son's name individually.
(4) The 2002 Hyundai Sonata shall be transferred to Wife for the sole benefit
of the parties' daughter and ultimately transferred to the daughter or traded for another
vehicle which shall be the daughter's vehicle.
(5) The parties agree that they will cooperate in effectuating the transfer of
titles and insurance to accomplish the purposes of this subparagraph.
4
D. Life Insurance. Each of the parties shall retain any life insurance policies
in their individual names. Husband is currently provided a life insurance policy through his
employer and agrees to designate Wife as beneficiary on the said policy in the amount of at least
$100,000.00. The life insurance beneficiary designation to Wife shall terminate at the time of the
termination of alimony more particularly set forth herein.
E. Pension and Retirement Benefits. Except as set forth below, each party
shall retain the pension and retirement benefits in their name individually.
Husband owns the following pension and retirement benefits:
(1) A rollover IRA with First Investors in the amount of approximately
$1051000.00.
(2) A CRST International, Inc. Mass Mutual 401 K in the amount of
approximately $18,000.00.
(3) A JB Hunt 401K with a value as of March 10, 2006 of approximately
$5,200.00(non-marital).
(4) A Roth IRA Northern Trust Security balance as of January 31, 2006 of
approximately $7,100.00 (non-marital).
Wife has a retirement plan with her employer, the YMCA, with a current value of
approximately $13,000.00.
In order to equitably distribute the pension plans, Husband agrees that he will rollover to
Wife a total of $62,000.00 as set forth herein. Husband will rollover the entire balance in his
CRST International, Inc. Mass Mutual 401K account to Wife pursuant to a Qualified Domestic
Relations Order to be prepared by counsel for Wife. It is anticipated that the rollover balance
will be approximately $18,000.00. The parties shall determine the balance in the said account at
the time of the execution of the Agreement and that amount will be deducted from the total due
to Wife from pension accounts ($62,000.00). The remaining amount (the difference between
$62,000.00 and the value established for the CRST International, Inc. Mass Mutual 401K
account at date of Agreement) shall be transferred from First Investors IRA to an IRA designated
by Wife. Wife shall be entitled to retain in its entirety the rollover from the CRST International,
5
Inc. Mass Mutual 401K account. In the event Wife withdraws any funds from the said account,
any tax liability generated by the withdrawal shall be the responsibility of Wife.
F. Bank Accounts. The parties have divided to their mutual satisfaction all
marital bank accounts. Any remaining bank accounts in either party's individual name shall be
their sole and separate property.
G. Miscellaneous Property. As of the execution date of this Agreement, any
and all property not specifically addressed herein shall be owned by the party to whom the
property is titled; and if untitled, the party in possession. This Agreement shall constitute a
sufficient bill of sale to evidence the transfer of any and all rights in such property from each to
the other.
H. Property to Wife. The parties agree that Wife shall own, possess, and
enjoy, free from any claim of husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife.
1. Property to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
J. Marital Debt. All marital debt of the parties has been satisfied at the time
of the execution of this Agreement.
K. College Education. The parties agree that. they will set aside for the
college education of their daughter Stacey U.S. Savings Bonds valued at approximately
6
$12,000.00 and a First Investor Account #104387 with a balance of approximately $40,600.00.
These monies shall be used solely for the education of the parties' daughter. In the event any
funds are left after daughter's education, they shall be divided between the parties 55% to Wife
and 45% to Husband. The parties agree that they will cash in the savings bonds for the purpose
of their daughter's education when the bonds have matured and the maximum amount is
available through the cashing of the bonds.
L. Liability not Listed. Each parry represents and warrants to the other that
he or she has not incurred any debt, obligation or other liability, other than those described in this
Agreement, on which the other parry is or may be liable. A liability not disclosed in this
Agreement will be the sole responsibility of the parry who has incurred or may hereafter incur it,
and such party agrees to pay it as the same shall become due, and to indemnify and hold the other
party and his or her property harmless from any and all debts, obligations and liabilities.
M. Indemnification of Wife. If any claim, action or proceeding is hereafter
initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this
Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or
proceeding, whether or not well-founded, and indemnify her and her property against any
damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
N. Indemnification of Husband. If any claim, action or proceeding is
hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such claim,
action or proceeding, whether or not well-founded, and indemnify him and his property against
any damages or loss resulting therefrom, including, but not limited to costs of court and actual
attorney's fees incurred by Husband in connection therewith.
0. Warranty as to Future Obligations. Husband and Wife each represents
and warrants to the other that he or she will not at any time in the future incur or contract any
debt, charge or liability for which the other, the other's legal representatives, property or estate
may be responsible. From the date of execution of this Agreement, each parry shall use only
7
those credit cards and accounts for which that party is individually liable and the parties agree to
cooperate in closing any remaining accounts which provide for joint liability. Each party hereby
agrees to indemnify, save and hold the other and his or her property harmless from any liability,
loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach
hereof.
6. INCOME TAX. The parties have heretofore filed joint federal and state tax
returns. Both parties agree that, in the.event any deficiency in federal, state or local income tax is
proposed or any assessment of any such tax is made against either of them, each will indemnify
and hold harmless the other from and against any loss or liability for any such tax deficiency or
assessment and any interest, penalty and expense incurred in connection therewith. Such tax,
interest, penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to disclose the nature and extent
of his or her separate income on the aforesaid joint returns.
7. INCOME TAX EXEMPTIONS: Ordinarily, the parties would share the income
tax exemptions available to each of them for their minor children with Wife taking Stacey as he
dependent in the tax year 2006. The parties agree that Husband shall take the dependency
exemption for Stacey for the tax year 2006 thereby having both children as dependents for tax
purposes in that tax year. Husband shall be entitled to the exemption for Stacey so long as Wife
receives from Husband the amount Wife would have received had she claimed Stacey as a
dependent versus the amount she will receive without the exemption. For example, if Wife
would have received a $200.00 refund without Stacey as an exemption, and a $600.00 refund
with Stacey as an exemption, Husband would pay to Wife the $400.00 difference in order to use
Stacey as a dependent on his tax return. The same formula would apply should Wife have a tax
liability meaning Husband will pay to Wife the difference in her liability with and without Stacey
as a dependent.
8. ALIMONY. Husband agrees that he shall pay to Wife in the form of alimony the
sum of $700.00 per month. The said amount is presently designated as spousal support in a
Support Order through the Court of Common Pleas Cumberland County, Domestic Relations
8
Division. The said Support Order shall be converted to alimony at the time of the execution of
this Agreement. The said alimony payments shall be for an indefinite period of time but are non-
modifiable as to duration or amount. The said alimony payment shall terminate upon the death
of Husband, death of Wife or Wife's remarriage or cohabitation.
All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71
(b) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the
provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or
regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in
the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as
amended, or any similar future laws or regulations thereto, and shall be includable in the year of
receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code,
as amended or any similar future laws or regulations thereto.
9. CHILD SUPPORT. Husband is currently paying child support to Wife for the
parties' daughter Stacey pursuant to an Order in the Court of Common Pleas Cumberland County,
PACSES Case No. 55710774 in the amount of $1,000.00 per month. The said Child Support Order
shall continue in full force and effect subject to the terms and conditions of the existing Order. The
Child Support Order shall terminate upon the child's graduation from high school in June of 2007.
Under the current child/spousal support order referenced herein, Husband is to ppy directly
to Wife 33% of his net bonus for child and spousal support. The said bonus provision shall be
reduced from 33% to 19.5% for child support only. The difference between 19.5% and the former
amount of 33% is the spousal support portion which is terminated at the time of the termination of
the spousal support order.
10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waive all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
9
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically
set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights
and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a
beneficiary designation which belongs to the other party under the terms of this Agreement,
including, but not limited to, pensions and retirement plans of any sort or nature, deferred
compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay
checks or any other post-death distribution scheme, and each party expressly states that it is his
and her intention to revoke by the terms of this Agreement any beneficiary designations naming
the other which are in effect as of the date of execution of this Agreement. If and in the event the
other party continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
12. RELEASE OF CLAIMS.
A. Wife and Husband acknowledge and agree that the property dispositions
provided for herein constitute an equitable distribution of their assets and liabilities pursuant to
§3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their
property except as provided for in this Agreement. Furthermore, except as otherwise provided
for in this Agreement, each of the parties hereby specifically waives, releases, renounces and
forever abandons any claim, right, title or interest whatsoever he or she may have in property
transferred to the other party pursuant to this Agreement or identified in this Agreement as
belonging to the other party, and each party agrees never to assert any claim to said property or
proceeds in the future. The parties have divided between them to their mutual satisfaction,
personal effects, household goods and furnishings and all other articles of personal property which
have heretofore been used in common by them, and neither party will make any claim to any such
items which are now in the possession or under the control of the other. Should it become
necessary, each party agrees to sign any title or documents necessary to give effect to this
paragraph, upon request. However, neither party is released or discharged from any obligation
10
under this Agreement or any instrument or document executed pursuant to this Agreement.
Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other,
all items of personal property, tangible or intangible, acquired by him or her from the execution
date of this Agreement with full power in him or her to dispose of the same fully and effectively
for all purposes.
B. Each party hereby absolutely and unconditionally releases and forever
discharges the other and the estate of the other for all purposes from any and all rights and
obligations which either party may have or at any time hereafter has for past, present or future
support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees,
costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of
the marital relationship or otherwise, including all rights and benefits under the Pennsylvania
Divorce Code of 1980, its supplements and amendments, as well as under any other law of any
other jurisdiction, except and only except all rights and obligations arising under this Agreement
or for the breach of any of its provisions. Neither party shall have any obligation to the other not
expressly set forth herein.
C. Except as set forth in this Agreement, each party hereby absolutely and
unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance,
or under the intestate laws or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory of the United States, or any other country.
D. Except for the obligations of the parties contained in this Agreement and
such rights as are expressly reserved herein, each party gives to the other by the execution of this
11
Agreement an absolute and unconditional release and discharge from all causes of action, claims,
rights or demands whatsoever in law or in equity, which either party ever had or now has against
the other.
13. PRESERVATION OF RECORDS. Each party will keep and preserve for a
period of four (4) years from the date of their divorce decree all financial records relating to the
marital estate, and each party will allow the other parry access to those records in the event of tax
audits.
14. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
15. SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force and effect without being impaired or invalidated
in any way.
16. BREACH. If either parry hereto breaches any provision hereof, the other party
shall have the right, at his or her election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him or her. The non-breaching party shall be entitled to
recover from the breaching parry all costs, expenses and legal fees actually incurred in the
enforcement of the rights of the non-breaching party.
17. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision of
this Agreement.
18. NOTICE. Any notice to be given under this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Douglas S. Goiter
4167 Kittatinny Drive
Mechanicsburg, PA 17050
and to Wife, if made or addressed to the following:
Linda Z. Gorter
12
120 Megan Way
Lewisberry, PA 17339
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
19. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
20. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
21. EFFECTIVE DATE. This Agreement shall become effective and binding upon
both parties on the execution date.
22. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated even if the parties
effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This
Agreement also shall continue in full force and effect in the event of the parties' divorce. There
shall be no modification or waiver of any of the terms hereof unless the parties in writing execute
a statement declaring this Agreement or any term of this Agreement to be null and void.
23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text
of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall
bind the parties hereto and their respective heirs, executors, administrators, legal representatives,
assigns, and successors in any interest of the parties.
13
25. ENTIRE AGREEMENT. Each parry acknowledges that he or she has carefully
read this Agreement; that he or she has discussed its provisions with an attorney of his or her
own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that
this instrument expresses the entire agreement between the parties concerning the subjects it
purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver
to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations,
tax returns, and other documents, and shall do or cause to be done every other act or thing that
may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If
either party unreasonably fails on demand to comply with these provisions, that party shall pay to
the other party all attorney's fees, costs, and other expenses actually incurred as a result of such
failure.
27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated
into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into
said decree. The parties shall have the right to enforce this Agreement under the Divorce Code
of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not
waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
r
L' da Z. GorK--,,/
9?" I U
Douglas S. rter
14
ESS
MAY 0 4 2007
LINDA Z. GORTER,
Plaintiff
v.
DOUGLAS S. GORTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-5665
CIVIL ACTION - LAW
IN DIVORCE
Stipulation for the Entry of Qualified Domestic Relations Order
The parties, Linda Z. Goiter, Plaintiff, and Douglas S. Gorter, Defendant, do hereby
stipulate as follows:
1. Douglas S. Gorter, date of birth March 18, 1958 (Social Security Number 329-44-
6065), hereinafter referred to as "Participant" is a participant in the CRST International, Inc.
Profit Sharing 401(k) Plan described below (hereinafter referred to as the "Plan").
2. The current and last known mailing address of Participant is 4167 Kittatinny
Drive, Mechanicsburg, Pennsylvania 17050.
3. Linda Z. Gorter, Plaintiff, date of birth September 3, 1959 (Social Security
Number 077-52-0390), hereinafter referred to as "Alternate Payee," is the spouse of the
Participant and has raised claims for, inter alia, equitable distribution of marital property
pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. Section 3101, et sic .
4. The current and last known mailing address of Alternate Payee is 120 Megan
Way, Lewisberry, Pennsylvania 17339.
5. This order applies to the following plan: CRST International, Inc. Profit Sharing
401(k) Plan.
6. The Participant's account in the Plan is marital property subject to distribution by
this Court.
7. Alternate Payee shall receive one hundred (100%) percent of the balance of the
ti
Participant's account. The form of benefit shall be a lump sum payment. This sum shall be
- ?z
7f' s ''
Lz .^....
t`
...
G
Q C`w
allocated to Wife as of the date of qualification of the Order and shall include all interest and
earnings on that amount from date of qualification until the date of distribution.
8. The distribution to Alternate Payee from the Plan shall be made as soon as
administratively practicable following the Plan's determination that this order is a Qualified
Domestic Relations Order.
9. Participant's death shall have no effect on payment of Alternate Payee's benefit
under the Plan. The Alternate Payee is at all times to be deemed the surviving spouse for
purposes of the Pre-retirement Survivor Annuity until this Order effectively assigns the funds to
Alternate Payee as identified in paragraph 7 above.
10. In the event the Alternate Payee dies before the Alternate Payee's benefit is paid,
the benefit shall be paid in accordance with applicable Plan provisions regarding payments to
beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall
be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits.
The death of Alternate Payee before the Plan determines that this order is a Qualified Domestic
Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the
Plan.
11. The parties shall promptly notify the Plan of any change in their addresses from
those set forth in this Order.
12. Participant and Alternate Payee shall each be responsible for his or her own
federal, state, and local income and other taxes attributable to any and all payments from the Plan
which are received by Participant and Alternate Payee respectively. The Plan shall provide to
Participant and Alternate Payee in accordance with its customary procedures such information as
,
is normally provided to participants in the Plan with respect to the taxability of distributions from
the Plan.
13. Nothing contained in this Order shall be construed to require any plan or plan
administrator:
(a) to provide to the Alternate Payee any type of form of benefit or any option not
otherwise available to the Participant under the Plan, or
(b) to pay any benefits to the Alternate Payee which are required to be paid to
another alternate payee under another order determined by the Plan
Administrator to be a Qualified Domestic Relations Order before this Order is
determined by the Plan Administrator to be a Qualified Domestic Relations
Order.
14. It is the intent of the parties and the court that the provisions of this Order operate
as an effective assignment of the Participant's interest in the Plan under both federal and state
laws, for all purposes, and constitute a valid Qualified Domestic Relations Order in compliance
with Section 414 (p) of the Internal Revenue Code and Section 206 (d) (3) of the Employee
Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act
of 1984.
15. The parties intend and agree that the terms of this Stipulation shall be approved,
adopted and entered as an Order of Court.
16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a
Qualified Domestic Relations Order; provided, however, that no such amendment shall require
the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and
further provided that no such amendment or right of the Court to so amend will invalidate this
Order.
17. A certified copy of this Order shall be served upon the Plan. Said Order shall take
effect immediately upon approval of the Order by the Plan and shall remain in effect until further
Order of Court.
BY THE COURT:
Dated: M, c" \0 1 `L 6fofo
CONSENTED TO:
PARTICIPANT
" )t*-
Douglas S. Gorter
ATTORNEY FOR PARTICIPANT
arianne E. Rudebusch, Esquire
ALTERNATE PAYEE
e
Ti -Ada Z. Gork4
ATTORNEY FOR ALTERNATE PAYEE
Jb J. Co nelly, Jr., Es ii
5571077'74
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-5665 CIVIL
O Original Order/Notice
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND ® Amended Order/Notice
Date of Order/Notice 06/19/07 O Terminate Order/Notice
Case Number (See Addendum for case summary)
RE: GORTER, DOUGLAS S.
Employer/withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
329-44-6065
Employee/Obligor's Social Security Number
J B HUNT TRANSPORT INC* 2189101570
C/O GARNISHMENTS Employee/Obligor's Case Identifier
615 JB HUNT CORPORATE DR (See Addendum for plaintiff names
PO BOX 130 associated with cases on attachment)
LOWELL AR 72745-0130 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.
$ 700. oo per month in current support
$ o. 00 per month in past-due support Arrears 12 weeks or greater? Dyes & no
$ 0.00 per month in current and past-due medical support
$ 0.00 per month for genetic test costs
$ 0.00 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.
$ 323.08__ per biweekly pay period (every two weeks).
$ 350. 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 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 COURT•
Date of Order: , ?,, a fl G
T- J esley Oler, r.,
DRO: R.J. Shadday Judge
Form EN-028 Rev. 1
Service Type M OMB No.: 0970-0154 Worker ID 21205
5
1?,1
b
t
12•
2
?2Yj 1U*
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If hecked you are required to provide a opy of this form to your mployee. If yo r employee works in a state that is
diferent from the state that issued this or?er, a copy must be provi?ed 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 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.* Reporthir, the Paydat&Date of VMilioluding Y-ou must reportth- - - --j- -1 --1- - I J-__ -
You must comply with the law of the
paydate/date ol withholding 1:? U W UdLU U1 1 w, Hdramount was wit! held from the employee'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: 5810812670
EMPLOYEE'S/OBLIGOR'S NAME: GORIER, DOUGLAS S.
EMPLOYEE'S CASE IDENTIFIER: 2189101570 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 (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: If you or your employeelobligor 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
OMB No.: 0970-0154
Form EN-028 Rev. 1
Worker ID 21205
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: GORTER, DOUGLAS S.
PACSES Case Number 557107774
Plaintiff Name
LINDA Z. GORTER
Docket Attachment Amount
05-5665 CIVIL$ 700.00
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
? 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.
Addendum
OMB No.: 0970-0154
Form EN-028 Rev. 1
Worker ID 21205
n N
9
C
O
%L# C.
C
7 .
CTi "t
INCOME WITHHOLDING FOR SUPPORT
O onIammL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO)
O AMENDED xmo
[) ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT
@> TERMINATION oFxwo
/0-7-7-7J
[�c�_ 56(05 ��V\|
Date: 10/28/14
O Child Support Enforcemont (CSE) Agency (El Court 0 Attorney OPrivate Individual/Entity (Check One)
NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO
inntmdionoh#n:6wvmw.acf.hhsgov/omgmma/cme/fonnoK}M8'O970-0154 instructions.pdf). If you receive this documentfrom someone
other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached.
StatefTribeiTerritory Commonwealth of Pennsylvania
CUMBERLAND
Private Individual/Entity
Remittance Identifier (include w/payment): 21e9101570
Order Identifier: (See Addendum for order/docket informatio
CSE Agency Case Identifier: (See Addendum for case summary)
J B HUNT TRANSPORT INC*
C/0 GARNISHMENTS
615 JB HUNT CORPORATE DR
POBOX 130
LOWELL AR 72745-0130
WithxoUer'sFEIN 581OO12O7
Child(ren)'s Name(s) (Last, First, Middle)
ChiId(ren)s Birth Date(s)
RE: GORTER, DOUGLAS S.
Employee/Obligors Name (Last, First, Middle)
329^44-6065
Social Security Number
(See Addendum for plaintiffnames
associated with cases on attachment)
Custodiai Party/0bhgees Name (Last, First,
NOTE: This IWO must be regular on its face.
Under certain circu$an must rejec
this IWO and return it to the sender (see IWO
instructions
http://www.acf.hhs.gov/programs/cse/forms/
OMe'0970'0154 instructions nVO.xyou
receive this document from someone other
than a State or Tribal CSE agency or a Court, a
copy of the underlying order must be attached,
5810812670
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This d
Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these omountoffeteltkep|oY*K
' rn
obligors income until further notice.
�
0.00 per month n current child support
Q
0.00 per month in past -due child support - Arrears 12 weeks or greater?
�
0.00 per month in current cash medical support
�
0.00 per month in past -due cash medical support
�
0.00 per month in current spousal support
�
0.00 per month in past -due spousal support
$
0.00 per month in other (must specify)
for a Total Amount to Withhold of $ 0.00 per month.
CD
��.
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order !nformation.
If your pay cycle does not match the ordered payment cycle, withhold one of the following amount:
�
0.00 per weekly pay period. 0.00 per semimonthly pay period (twice a month)
�
0.00 per biweekly pay period (every two weeks) $ 0.00 per monthlpay period.
�
Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order.
REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth
of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If
you cannot withhold the fufl amount of support for any or all orders for this employee/obligor, withhold up to 55% of
disposable income for all orders. If the employee/obligor's principal place of employment is not within the
Commonwealth of Pennsylvania (Sta1o/Tribe), the employer can obtain withholding |imitaUons, time raquiromento,
and any allowable employer fees at htto://vmxwv.ocf.hho.gnv/progromm/ooe/nevvhire/amp|oyer/contauts/contact_map.
h1mfo, the employee/obligor's principal place of employment.
Document Tracking Identifier
OMB No.: 0970-0154
Service Type M
Form EN -028 11/13
Worker ID 21205
❑ Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in
accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not
directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to
the sender.
Signature of Judge/Issuing Official (if required by State or Tribal law):
Print Name of Judge/Issuing Official:
Title of Judge/Issuing Official:
Date of Signature: OCT 2 8 ; 2014
/,/
Thomas A. Placey
If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO
must be provided to the employee/obligor.
0 If checked, the employer/income withholder must provide a copy of this form to the employee/obligor.
ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered
to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of
two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and
Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 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.
State -specific contact and withholding information can be found on the Federal Employer Services website located at:
http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map.htm
Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42
§666(b)(7)). If a Federal tax levy is in effect, please notify the sender.
Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from
more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/
obligor's portion of the payment.
Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a
Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial
party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent
by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was
issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form.
Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the
amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if
applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement
the withholding and forward the support payments.
Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to
Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current
support before payment of any past -due support. Follow the State or Tribal law/procedure of the employee/obligor's principal
place of employment to determine the appropriate allocation method.
Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this
employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to
report and/or withhold lump sum payments.
Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the
employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and
any penalties set by State or Tribal law/procedure.
Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO.
OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use.
Form EN -028 11/13
Service Type M Page 2 of 3 Worker ID 21205
Employer's Name: JBHUNT TRANSPORT INC* Employer FEIN: 581081267
Emp|oyoo/}b|ignr'sNomo: GORTER, DOUGLAS S. 2189101570
CSEAgenoyCaoe|dentifier[SmmAddendumnhmrcasesummnery) Order Identfier: (See Addendum for orderfdockef information)
WthhoIding Limits: You may not withhold more than the lesser of: 1) the amounts a!Iowed by the Federal Consumer Credit Protection
Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of
employment (see REMITTANCE INFORMATION). Disposable income is the net income leftoftermeNngmondmborydeductionomuch
as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of
the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting
another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State
or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in
this section.
For Tribal ordors, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal
withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the Iaw of the jurisdiction in which
the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)).
Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in
determining disposable income and applying appropriate withholding limits.
Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the
Employer shoutd calcutate the CCPA limit using the lower percentage.
Additional Information:
NOTIFICATION OF EMPLOYMENT TERMINATON OR INCOME STATUfor you or you are
no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by
returriing this forrn to the address Iisted in the Contact Information below: 5810e12670
[) This person has never worked for this employer nor received periodic income.
[} This person no longer works for this employer nor receives periodic income.
Please provide the foliowing information for the employee/obligor:
Termination date: Last known phone number:
Last known address:
Final Payment Date To SDU/Tribal Payee: Final Payment Amount:
New Employer's Name:
New Employer's Address:
CONTACT INFORMATION:
To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name)
byphone mt(717)240'G225.byfax od(717)34O'G348.byemail orwebsite at: v*xwv.nhi|doupport.stoho.oaus.
Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST,
p.D.BOX 32O.CARLISLE, PA. 17O13(Issuer address).
To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name)
by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us.
IMPORTANT: The person completing this form is advised that the information may bo shared with the employee/obligor.
OMB No.: 0970-0154
Service Type M Page 3 of 3Worker ID 21205
Form EN -028 11/13
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: GORTER, DOUGLAS S.
PACSES Case Number 557107774
Plaintiff Name
LINDA Z. GORTER
Docket Attachment Amount
05-5665 CIVIL $ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DUB
Service Type M
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DUB
Addendum
OMB No.: 0970-0154
Form EN -028 11/13
Worker ID 21205
LINDA Z. GORTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff/ Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
DOUGLAS S. GORTER,
Defendant/Respondent
NO. 05-5665 CIVIL TERM
IN DIVORCE
PACSES Case No: 557107774
ORDER OF COURT
AND NOW to wit, on this 28th day of October, 2014, it is hereby Ordered that the
Cumberland County DRS dismiss their interest in the above captioned Alimony matter pursuant
to the Petitioner's request to terminate the Alimony obligation, effective October 31, 2014.
This Order shall become final twenty (20) days after the mailing of the notices of
the entry of the Order to the parties unless either party files a written demand with the
Office of the Prothonotary for a hearing de novo before the Court.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Service Type: M
Form 0E-001
Worker: 21005
10/28/2014 09:04 FAX 7179013586
4/ix Wenger & Weidner 002/002
Affidavit
I, Linda Zeliner Gorier, being first duly sworn, say of my own personal
knowledge that:
1. I am Linda Gorter, an adult individual, whose residence is located at 120
Megan Way, Lewisbeny, PA 17339.
2. I am the Plaintiff in the custody action 946-S-2005, PACSES 557107774.
3. Pursuant to a Marital Settlement Agreement, I am to receive permanent
alimony from Defendant, Douglas S. Gorier.
0d.ber 3!�
4. I desire to terminate such alimony payments, effective September -30,
2014.
5. I am of sound mind and health so as to make this decision.
Linda ZellnerL ort
Sworn to and subscribed to
before me, a Notary Public,
this /6 y' day of Ot i4i
2014.
411111111 -
r� / L
far ''ubiic
y Commission Expires
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JANICE E.YOCUM, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires March 02, 20113