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HomeMy WebLinkAbout05-6280DANITA DURF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LEROY DURF, NO. 0 & CIVIL?fi66 Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 SAIDIS, SHUFF, FLOVyER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Carol J. Lindsay, < Supreme Court ID 26 West High' ree Carlisle, PA 17013 717-243-6222 44693 DANITA DURF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL ACTION - LAW NO. CIVIL 2005 LEROY DURF, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Danita Durf, an adult individual residing at 720 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065. 2. The Defendant is Leroy Durf, an adult individual residing at 4075 Carlisle Road, Gardners, Pennsylvania 17324. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 27, 1985 in Carlisle, Cumberland County, Pennsylvania. 5. The parties separated on November 8, 2005. 6. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United SAIDIS SHUFF, FLOWER & LINDSAY ATr0RNRYS•AT•LAW 26 W. High Street Carlisle, PA States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 9. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II - SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT III - ATTORNEY'S FEES AND COSTS 12. The averments in paragraphs 1 through 11 are incorporated hereto as if fully set forth herein. 18. Plaintiff is unable to sustain herself during the course of this litigation and has employed Carol J. Lindsay, Esquire, as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff, Danita Durf, prays this Honorable Court to enter judgment: a. Awarding Plaintiff a decree in divorce b. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; and d. Awarding such other relief as the Court deems just and reasonable. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SNUFF, FL?YVVER & LINDSAY Supreme C urt D No. 44693 26 West H(g treet Carlisle, PA 17013 717-243-6222 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. L 12 Danita Duff Date; SAIDIS SHum FLOWER & LINDSAY ATrORNEYS•A7•LAW 26 W. High Street Carlisle, PA ?--; ?\ r? f ?? -?- ? `? _..J ,-- --.? ? c? ?-' .> '- , r, .`. DANITA DURF, Plaintiff V. LEROY DURF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (,,)A U CIVIL 2005 IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Danita Durf, by and through counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on . 2. The parties separated on or about . 3. Petitioner is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDIS, SHUFF, FLOWER & LINDSAY I Supreme Cowt ? 0.44693 26 West High .St et Carlisle, PA 17013 717-243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DRS ATTACHMENT FOR APL PROCEEDINGS SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•EAW 26 W. High Street Carlisle, PA PETITIONER: DOB: DANITA DURF ADDRESS: PHONE: SSN: 720 SAND BANK ROAD, MT. HOLLY SPRINGS, PA 17065 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONER'S EMPLOYMENT: HOME DEPOT HOW LONG? NET PAY: $8.50 PER HOUR JOB TITLE: CASHIER OTHER INCOME: (INCLUDEAMOUNTAND SOURCE) RESPONDENT: LEROY DURF DOB: SSN: ADDRESS: 4075 CARLISLE ROAD, GARDNERS, PA 17324 PHONE: ATTORNEY: KATHLEEN A. ENGLE, ESQUIRE RESPONDENT'S EMPLOYMENT: PENNSY SUPPLY HOW LONG? NET PAY: $14.00 PER HOUR JOB TITLE: OTHER INCOME: (INCLUDEAMOUNTAND SOURCE) WHEN MARRIED: DATE SEPARATED: 17324 WHERE: WHERE LAST LIVED TOGETHER: 4075 CARLISLE ROAD, GARDERS, PA ~1 r'` r ? ? ?'4 ??_. _? DANITA DURF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-6280 CIVIL LEROY DURF, Defendant IN DIVORCE ACCEPTANCE OF SERVICE i accept service of the Divorce Complaint on behalf of Defendant Leroy Durf and certify that I am authorized to do so. ABOM & KUTULAKIS Kathleen A. Engle,`Esquire 36 South Hanover Street Carlisle, PA 17013 Date:/ 7 ?l?I ?U rj SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DEC 14 M C7 p G, DANITA A. DURF, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-6280 CIVIL TERM LEROY A. DURF, IN DIVORCE Defendant/Respondent PACSES # 246107936 ORDER OF COURT AND NOW, this 4th day of January, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on January 26, 2006 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (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 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on January 4, 2006 to: Petitioner Respondent Carol J. Lindsay, Esquire Date of Order: January 4. 2006 431v, onference 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 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 Cl Ca 4? -i? (? _? ?? - _ , wr "" '. C , ;; _,_ -,'? ?? c.. ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/26/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number PENNSY SUPPLY INC 1001 PAXTON ST HARRISBURG PA 17104-1645 246107936 05-6280 CIVII, O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: DURF, LEROY A. Employee/Obligor's Name (Last, First, MI) _176-52-8231 Employee/Obligor's Social Security Number 3338101603 I mployee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on artachmenn Custodial Parent's Name (Last, First, MF 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. $ 548 . 00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? O yes ® no $ o . oo per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 548. oo 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: $ 126.46 per weekly pay period. $ 252.92 per biweekly pay period (every two weeks). $ 274, go per semimonthly pay period (twice a month). $ 548. 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 i 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. Date of Order:JAN 2 ,1 1606 DRO: R.J. Shadday Service Type M BY THE COURT: l^?" Edward E. Guid , Judge Form EN-028 OMB No.: 0978-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a copy of this form to your employee. If your employee works in a state that is ch erent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*Repo dingthC ding- -Y rreri5enomgLilepayment. ine is the date on w I. ich amount w as w thdreld from the ee`s-vvages.. 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: 2327294960 EMPLOYEE'S/OBLIGOR'S NAME: DURF, LEROY A. EMPLOYEE'S CASE IDENTIFIER: 3338101603 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 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 P.O. BOX 320 CARLISLE PA 17013 Service Type M 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 09700158 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DURF, LEROY A. PACSES Case Number 246107936 Plaintiff Name DANITA A. DURF Docket Attachment Amount 05-6280 CIVIL$ 548.00 Child(ren)'s Name(s): DOB 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. 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) ? 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 ID $IATT OMB No.: 097"154 Worker `? ; O C"? ?= ? ,? "n ?, c- ? ,` ' `G n;i' `' - ? [ ? } ? - _ ? _. .. ?' r ? ?? ? ? R. '1--. 45t . :/_ t' DANITA A. DURF, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE; NO. 05-6280 CIVIL TERM LEROY A. DURF, IN DIVORCE Defendant/Respondent PACSES # 246107936 ORDER OF COURT AND NOW, this 26th day of January, 2006, based upon the Court's determination that Petitioner's monthly net income/eaming capacity is $1215.41 and Respondent's monthly net income/earning capacity is $2470.57 it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $548.00 per month payable monthly as follows: $548.00 for alimony pendente lite and $0.00 on arrears. First payment due next pay date at $126.46 per week. Arrears set at $ t096.00 as of January 26, 2006. The effective date of the order is December 6, 2005. 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: Danita A. Durf. 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 Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The parties agree to hold collection on the retroactive arrears in abeyance. The Defendant is to make weekly direct payments until the wage withholding order is effective. 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. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney DRO: R. J. Shadday BY THE COURT, Mailed copies on: Petitioner January 27, 2006 Respondent Carol J. Lindsay, Esq. Kara W. Haggerty, Esq. Edward rdo, J, f? ?y „' =? o _ Q. „ %: ? ?-? r -t, m ? .? ?.J ? } L .a (.! ?= . ? r?-j `p ?_?' ;.. '''r?r? z_ ? '? `? ? .c- { In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DANITA A. DURF ) Docket Number 05-6280 CIVIL Plaintiff ) vs. ) PACSES Case Number 246107936 LEROY A. DURF ) Defendant ) Other State ID Number ORDER TO CREDIT ARREARS AND NOW. on this 3RD DAY of FEBRUARY, 2006 IT IS HEREBY ORDERED that credit be given on the above captioned case in the amount of $125.00 . There ® is O is not an agreement of the parties to the credit. This credit is for: ® Direct Payments. ? Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ? Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: From to From to From to ? Other: PAID BY CHECK #439 AND DATED 1/27/06 Plaintiff Defendant FEB 0 G 2006 Date Date Date BY THE COURT: _;- I JUDGE Form FI-002 Service Type M Worker ID 21005 T? ? o -TI v?. PWh'-Ub-eea LJ:99 From:M-VLL LhHV HHbIM-M (I 009buul 1o:+1 rl tequbequ F'•e'e 0-08-01 DOM FRUKUberla'd Cuoty Duatitlt h1Q%j QAF 0TIMISUD T•00 P.OOIPoOi F-300 N`. 6S-(v a80 C1%/I1 C J31DERLAND COUNTYDOMESf[C RELATIONS Da(c of APPikAuoe:,3[31 %P a Requa k for Supparz Reeord 3 sarch Name: Address: z v ID I, Social Security Number r DomesdeReladoes Case Nam Puny Requarting kl'oemadom bajVa- Q' b W - ! ?c JQ %+Xz ?Qhl73LS Qhs Nomb") (aiavatarp) A Twenty Dallis (920-00) Yee it Due per SucW Sco°rity Number C?(LT Make cheek or taaaey order paya63e to: DRS/um Search ZC?-7 (Y X INmAL REQUEST _ Hat as Record in Damesdo Relations a oP. Supptut Arrems asofPsd of Mcoth Prior to Date of pPliw' : E 170. 1 _ lYlnrrthly Total Suppon Obligation; E . 00 The Aotamc abown eboro is roRwted in the Domestic Relations Section Office of Cumberland Cowety, Paoartylvad L w e vv\ b e: 4k 3?, :)? I 0 I L,? 0 3 Domestic FWatious Case Number. P(lC o C $? 2 4 to 10 I q36 %ice seam caadiamod IAW) BRING-DOWN REQUEST SupowtATrems: $ As OF (Des) Biped: _ (Elea GOpTdlaetor) (Uaz=) ° ¦• Lien Satisfisfection Rocci'pt AvWablc Upon Rcquest*** CC720 M R-M-E C 09:30PM From: +171724062ge IMAPPLE LEW FS(3STRWT Paw4FM3 R--%N - -; x, LIEN SATISFACTION Name: Lerov Durf Member Number: 3338101603 Judgment Lien Satisfied as of: 3/14/06 Amount Paid: $ 170.11 Signed: `t,&c fix '--u ? ,(Lien Coordinator) Pacses# 246107936 No. 05-6280 Civil DR# MAR 17 2006 (Date) CC722 1.... ? } ?? _ -7ti i Ua " 3C7 ? (`Cl W .. _ ,. , -'3 ? J uI Na_ Os- (a`?o c,''/:i CUMBERLAND COUNTY DOMESTIC RELATIONS Date of Application: 3 i/ h Request for support Record Search Name: Zel-0 y 17 (Last) (First) (MI) Address: Social Security Number: f 7(v ' j - ?a / D.O.B.: Domestic Relations Case Number, if known: Party Requesting Information: 3 /?c c -/i7 aYy oU30 S , tt -5 (Telephone Nmnber) Address) 117- (Fax Number) (r nature) A Twenty Dollar ($20.00) Fee is Due per Social Security Number Make check or money order payable to : DRS/Lien Search INITIAL REQUEST Has No Record in Domestic Relations as of: (Date) Support Arrears As of End of Month Prior to Date of Application: $ Q'20 Monthly Total Support Obligation: $ S`f8. 00 IrrtonfA The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. p M e- ty, 1_ off 3381 Q (i0 o3 Domestic Relations Case Number: I Qrs Q5 ?Ja y(? ? ? ? y 3 (? ?? (eti y?3?010 Signed: _Il"L (Lien Search Coordinator) (Date) BRING-DOWN REQUEST Support Arrears: $ As Of: (Date) Signed: (Lien Coordinator) (Date) ***Lien Satisfaction Receipt Available Upon Request*** CC720 ?'?. :..p C` ..: a O . ?.-. ;l ..,: ^? --i . .. ,7 Y_.. J '; if_L? _: ? 1.., i.:? '.r ?r '' ? GJ ?_ -?, DANITA DURF, Plaintiff VS. LEROY DURF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 05-6280 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Leroy Durf, Defendant, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ x ] Support [ x ] Alimony [ ] Counsel Fees [ ] Alimony Pendente Lite [ ] Costs and Expenses and in support of the Motion the Defendant states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Carol Lindsay, Esquire. 3. The statutory ground(s) for the divorce are: 3301(a) (2), 3301(c), and 3301(d). 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, and distribution of property 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 motions: None DATE ZL ?/ 0 ?o i,I,71Zf^E?j4 ?,rl?ara W. Haggerty Attorney for Plaintiff AND NOW, 2006, Esquire, is appointed Master with respect to the following claims: BY THE COURT, N p rmFI -, GCS c_ ? om DANITA DURF, Plaintiff VS. LEROY DURF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 05-6280 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER claims: Leroy Durf, Defendant, moves the Court to appoint a Master with respect to the following [ x ] Divorce [ ] Annulment [ x ] Alimony [ ] Alimony Pendente Lite [ x ] Distribution of Property [ x ] Support [ ] Counsel Fees [ ] Costs and Expenses and in support of the Motion the Defendant states: Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Carol Lindsay, Esquire. 3. The statutory ground(s) for the divorce are: 3301(a)(2), 3301(c),and 3301(d). 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, and distribution of property 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 motions: None DATE ` ZI 9?0 Co ?" .J;,1,fa.ra W. Haggerty Attorney for Plaintiff AND NOW, Wage -,2A 2006, _ e '7? Esquire, is appointed Master with respect to the following claims: A'a-, BY THE Gv) n r+ o Zb rrl -n w _ C' -Ty O VNV'AlASNFd?--d 6h :C lid 22 OW 90OZ L?iN1G'1?(Tr-UUvd ?I-j! ?Q a?la!4{l3ll? DANITA DURF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA VS. NO. 05-6280 CIVIL TERM LEROY DURF, Defendant IN DIVORCE MOTION TO DISMISS DIVORCE COMPLAINT AND NOW, comes the above-captioned Defendant, by and through its counsel, Kara W. Haggerty, Esquire, of ABOM & KUTUALKIS, L.L.P., and respectfully moves This Honorable Court to dismiss the above-captioned divorce complaint, and in support thereof avers the following: 1. On or about December 6, 2005, Plaintiff filed this divorce action for irreconcilable differences. (See copy attached as Exhibit "A"). 2. On or about May 19, 2006, Defendant motioned the Court for appointment of Master. (See copy attached as Exhibit `B"). 3. On or about June 9, 2006, Plaintiff informed Divorce Master that she does not want to proceed with the divorce. (See copy attached as Exhibit "C"). 4. It is believed and therefore averred that Plaintiff is withholding consent on the Divorce action that she filed so that she may receive alimony pendente lite and control the proceedings. 5. In Rueckert v. Rueckert, 20 Pa. D. & C.3d 191, the Court held that that a party should not be allowed to withhold consent while simultaneously seeking alimony pendente lite. 6. In Hoffman v. Hoffinan, 350 Pa. Super. 280,504 A.2d 356 (1986), the Court held that the reasoning of the Rueckert court was sound. 7. Under the reasoning of Rueckert and Hoffinan, the Plaintiff cannot simply file a complaint in order to obtain alimony pendente lite and then refuse to proceed with the action. 8. Based on the letter from the Plaintiff to the Master that is attached as Exhibit "C," the Plaintiff in this case is using her complaint to obtain alimony pendente lite and has refused to proceed with the action. WHEREFORE, Defendant respectfully moves This Honorable Court to dismiss the above-captioned divorce action, and to terminate the award of Alimony Pendente Lite. Date: VIP Zq DIP ABOM & KUTULAKIS, L.L.P. out_ H-(cq. Kara W. Haggerty uire Attorney I.D. No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant DANITA DURF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. CIVIL 2086 LEROY DURF, (v Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 SAIDIS, SHUFF, FLOVIJ,E , & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY A/1UA F.10-Al•L.AW 26 W. High Street Carlisle, PA Carol 1. Lindsay, Supreme Court ID 26 West Hig ` reE Carlisle, PA 17013 717-243-6222 i .p,? d f?a 4uire o.44693 DANITA DURF, Plaintiff V. LEROY DURF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 2005 IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Danita Durf, an adult individual residing at 720 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065. 2. The Defendant is Leroy Durf, an adult individual residing at 4075 Carlisle Road, Gardners, Pennsylvania 17324. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 27, 1985 in Carlisle, SAIDIS SHUFF, FLOWER 26 W. High Street Carlisle, PA Cumberland County, Pennsylvania. 5. The parties separated on November 8, 2005. 6. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 9. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II - SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT III - ATTORNEY'S FEES AND COSTS 12. The averments in paragraphs 1 through 11 are incorporated hereto as if fully set forth herein. 18. Plaintiff is unable to sustain herself during the course of this litigation and has employed Carol J. Lindsay, Esquire, as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff, Danita Durf, prays this Honorable Court to enter judgment: a. Awarding Plaintiff a decree in divorce b. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; and d. Awarding such other relief as the Court deems just and reasonable. SAIDIS SHUFF, FLOWER 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLJD%ER & LINDSAY Cd'fof:J. Linea ,'Esquire D No. 44693 Supreme C u2reet 26 West H(g?j. Carlisle, PA 17013 717-243-6222 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. Q? k-,k i - dJ-11'- Danita Durf Date: SAIDIS SHUFF, FLOWER Pa T.MMqAV 26 W. High Street Carlisle, PA 4'711n DANITA DURF, Plaintiff vs. LEROY DURF, Defendant IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENIAA. NO. 05-6280 CIVIL TERM IN DIVORCE MOTION TOR APPOINTMENT OF MASTER Leroy Durf, Defendant, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property n C=3 [ ] Annulment ` ? [ x ] Support [ x ] Alimony [ ] Counsel Fees [ ] Alimony Pendente Lite [ ] Costs and Expenses, j and in support of the Motion the Defendant states: 71 ?_ n J ?1 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested- 2. The Plaintiff has appeared in the action by her attorney, Carol Lindsay, Esquire. 3. The statutory ground(s) for the divorce are: 3301(a)(2), 3301(c), and 3301(d). 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, and distribution of property 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 motions: None DATE {s? ra W. Haggerty ttorney for Plaintiff AND NOW, 2006, P&A , Esquire, is appointed Master with respec o the following claims: A 111 r SAY 2 410Q? ., LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY MICHAEL L. SOLOMON BRIAN C. CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-law.com www.sfl-law.com June 9, 2006 E. Robert Elicker, II, Esquire Office of Domestic Relations 9 North Hanover Street Carlisle, PA 17013 Re: Durf v. Durf Dear Mr. Elicker: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Kara Haggerty filed a Motion for the Appointment of a Master on May 19, 2006 in the captioned case. The parties have been separated, however, only since November 8, 2005. Mrs. Durf, my client, does not with to proceed to divorce at the present time. Very truly yours, SAIDIS, FLOWER & Carol J CJL/bes cc: Kara Haggerty, Esquire Danita Durf CERTIFICATE OF SERVICE AND NOW, this Z-q day of June, 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Motion to Dismiss upon Carol Lindsay, Esquire, Attorney for Plaintiff, by mail at the following: Carol Lindsay, Esquire Sa& s, Flower & Lindsay 26 West High Street Carlisle, PA 17103 Date: Db '1 ),p?a Respectfully submitted, Abom & Kutulakis, L.L.P. Kara W. Haggerty q ' e Attorney I.D. 1, 4 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant _ 77 z T' 1 - C"> f?J DANITA DURF, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LEROY DURF, DEFENDANT 05-6280 CIVIL TERM ORDER OF COURT AND NOW, this ? -day of July, 2006, a Rule is entered against plaintiff, Danita Durf, to show cause why her complaint in divorce should not be dismissed. Rule returnable fifteen (15) davs after service. Carol Lindsay, Esquire For Plaintiff Kara W. Haggerty, Esquire For Defendant /1u.`d 7' - 04 49-- :sal tagar b. bayiey, J. t. DANITA DURF, Plaintiff V. LEROY DURF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6280 CIVIL IN DIVORCE ANSWER TO MOTION TO DISMISS DIVORCE COMPLAINT AND NOW, comes Danita Durf by and through her counsel, Saidis, Flower & Lindsay, and answers the Motion to Dismiss Divorce Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Plaintiff withheld her consent to the divorce to allow sufficient time to permit her to obtain an apartment and to deal emotionally with the issues involved in her separation. She is now ready to proceed through the Divorce Master's process and to obtain a Decree in Divorce. 5. No answer required. 6. No answer required. 7. No answer required. SAMIS, FLOWER St LEEDS" 26 West High Street Carlisle, PA 8. Denied that Plaintiff is using her Complaint to obtain alimony pendente lite. As more particularly set out above, she is prepared to proceed with the divorce. A copy of a letter to the Divorce Master and her certification that discovery is complete is attached hereto. WHEREFORE, Respondent prays this Honorable Court to dismiss the Motion to Dismiss the Divorce Complaint. SAIDIS, FLOWER & LINDSAY Supreme Court[D jIb. 44693 26 West High S t Carlisle, PA 17013 717-243-6222 Dated: -? 2VI67 p SAIDIS, FLOWER & LINDS" 26 West High Street C lisle, PA LAW OFFICES JOHN E. SLID ROBERT C SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY MICHAEL, L. SOLOMON BRIAN C CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney®sfl-law.com www.sfl-law.com July 20, 2006 E. Robert Elicker, II, Esquire Office of Domestic Relations 9 North Hanover Street Carlisle, PA 17013 Re: Durf v. Durf No. 05-6260 Civil Dear Mr. Elicker: CAMP HILL OFFICE: 2109 MARKET STREET CAMP ILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE I represent Danita Durf who was, heretofore, unwilling to proceed with divorce. However, Danita has obtained an apartment for herself and her situation has stabilized so that she believes she can go forward. I enclose a Certification of Discovery. Very truly yours, CJUbes Enclosure cc: Kara Haggerty, Esquire Danita Durf SAIDIS, FLOWER & LINDSAY &f' Carol J. Lindsay, re DANITA DURF, Plaintiff VS. LEROY DURF, Defendant TO: Carol J. Lindsay Kara W. Haggerty THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 6260 CIVIL IN DIVORCE , Attorney for Plaintiff , Attorney for Defendant DATE: Wednesday, June 7, 2006 CERTIFICATION [ x I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a; Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. I, Carol J. Lindsay, attorney for Plaintiff, Danita Durf, verify that the statements made SAIDIS, FLOWER 6z LINDSAY 26 West High Street Carlisle, PA in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4901, relating to unswom falsification toaudiQn Plaintiff for CERTIFICATE OF SERVICE On this ;1,1 day of , 2006, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LIND Y, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Kara Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Supreme CourtP NQ. 44693 26 West High §We Carlisle, PA 17013 717-243-6222 SAUDIS ' FWVVIM & LINDSAY 26 West High Street Culisle, PA (? StS ,- „_ - r il'I _... .?.J ?.... DANITA DURF, Plaintiff VS. LEROY DURF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 05-6280 CIVIL TERM IN DIVORCE DEFENDANT'S CLAIMS FOR ECONOMIC RELIEF AND NOW, comes the Defendant, Leroy Durf, by and through his attorney, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and files these Claims for Economic Relief as follows: COUNT I - EQUITABLE DISTRIBUTION Plaintiff and Defendant have acquired property, both real and personal, during their marriage from July 27, 1985, until the present, which property is "marital property". 2. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property 3. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, the Defendant requests This Honorable Court to equitably divide all marital property. Date: W Respectfully submitted, ABOM & KuTULAKTS, LLP Kara W. Haggei Attorney for Defen ant Attorney I.D. # 86914 36 South Hanover Street Carlisle, PA 17013 CERTIFICATE OF SERVICE AND NOW, this 23' day of August 2006, I, Kara W. Haggerty, Esquire, of Abom & KutulaEs, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing DEFENDANT'S CLAIMS FOR ECONOMIC RELIEF upon the following. Via First-Class Mail Carol Lindsay, Esquire Saidis, Shutt, Flower, & Lindsay 26 [hest High Street Carlisle, PA 17013-2956 Date: ? #k(p Respectfully submitted, ABOM&KvTULASIS, LLP V=L. t Kara W. Haggerty Attorney for Defendant Attorney I.D. # 86914 36 South Hanover Street Carlisle, PA 17013 )? lJ ? ?? Q e ? ? ?` ? ? ? N Q G+ .? ? G . i: ? - m? c? ?,t, ?? "O ,.. N ?i s',, c. ' ,.p <J C'1 ??il 3 ?cn < ? - s 'I DANITA DURF, Plaintiff V. LEROY DURF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6280 CIVIL IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed December 6, 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. Date: N aY ,a - 'Don to Danita Durf PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court FLOWER ? LINDSAY ATTORNM-AT•uw 26 West High Street Carlisle, PA 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: / yfN. d - DW Danita Durf 1??c'? CD < DANITA DURF, Plaintiff V. LEROY DURF, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed December 6, 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. Date: P-, g G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6280 CIVIL IN DIVORCE Leroy Durf 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 I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 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: ,Z/ =? et Leroy Durf ? ?J mot' r ? W DANITA DURF, VS. LEROY DURF, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 6280 CIVIL IN DIVORCE ORDER OF COURT ,j-h R AND NOW, this La day of J ? _ 2006, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on November 2, 2006, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, 14? cc: arol J. Lindsay Attorney for Plaintiff /ara W. Haggerty Attorney for Defendant 4 Edgar B. Bayley, P.J. s k_ I-d • i..-... j5 J __ Lj- t L3 DANITA DURF, Plaintiff VS. LEROY DURF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 6280 CIVIL IN DIVORCE THE MASTER: Today is Thursday, November 2, 2006. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Danita Durf, and her counsel Carol J. Lindsay, and the Defendant, Leroy Durf, and his counsel Kara W. Haggerty. The parties were married on July 27, 1985, and separated November 8, 2005. The complaint in divorce was filed on December 6, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The Master's office will file the affidavits and waivers with the Prothonotary so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint also raised economic claims of alimony, alimony pendente lite, and counsel fees and costs. The Defendant filed a petition for economic relief on August 23, 2006, raising a claim for equitable distribution. The Master has been advised that after 1 ` negotiations today, the parties have reached an agreement with respect to the outstanding economic claims. That agreement is going to be placed on the record in the presence of the parties. The agreement will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel will return later this morning to review the draft of the agreement for typographical errors, make any corrections as necessary, and then affix their signatures to the agreement affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then prepare a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Lindsay. MS. LINDSAY: The parties have agreed to divide their property as follows: 1. Husband will retain the 2001 Ranger, the Yamaha ATV which he has previously sold, the tractor and the trailer. He would also retain his Commerce Bank account, and any monies left over from the 401(k) plan which was liquidated during the parties' marriage. He will also maintain the Monumental Life insurance policy and its cash value. Husband will be permitted to change or name whomever he wishes to have as a beneficiary or beneficiaries on said policy. Husband also will be entitled to whatever cash value is in the policy. 2 2. Wife will retain the 1997 Chevrolet Cavalier, her Commerce Bank account, her US savings bonds, and her 401(k) plan. 3. Counsel for wife has an escrow account of certain proceeds from the sale of the marital home. Husband will receive $1,500.00 of those escrowed funds and wife will receive the balance of the escrow funds. For their tax year 2006, the parties agree that each will report 1/2 of the interest, if anything, earned on that escrow account as income to each on their separately filed federal income tax returns. 4. Husband will pay to wife alimony in the amount of $500.00 a month through the office of Domestic Relations commencing the first month subsequent to the entry of the decree in divorce. Until that time, husband will continue to pay alimony pendente lite as presently ordered. Such alimony will be modifiable upon a showing of a change in circumstances of one or both parties so long as that change is of a substantial and continuing nature. Alimony shall terminate upon the death of one or both of the parties, wife's cohabitation with a member of the opposite sex who is not a member of the family of wife within the degrees of consanguinity, or wife's remarriage. 5. Wife withdraws her claim for counsel fees and costs. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. LINDSAY: Ms. Durf, did you hear the agreement which I dictated here today? 3 MS. MS. MS. MS. MS. MS. agreement that was MR. MS. terms of that agre MR. MS. to enter into that MR. DURF: Yes. LINDSAY: Did you understand it? DURF: Yes. LINDSAY: It is acceptable to you? DURF: Yes, it is acceptable to me. HAGGERTY: Mr. Durf, did you hear the read on the record by attorney Lindsay? DURF: Yes. HAGGERTY: Do you understand all of the ement? DURF: Yes. HAGGERTY: And at this time, do you want agreement? DURF: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be 4 imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Carol J. ?i dsay Attorney/(fo Plaint ff Danita Durf Kara W. Hagger Leroy D rf Attorney for en a t 5 DANITA DURF, Plaintiff V. LEROY DURF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6280 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant's counsel accepted service of the Complaint on December 14, 2006. Proof of service was filed with the Court on December 20, 2006. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: November 2, 2006 and filed with the Prothonotary on November 3, 2006. By Defendant: November 2, 2006 and filed with the Prothonotary on November 3, 2006. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: November 2, 2006 and filed with the Prothonotary on November 3, 2006. By Defendant: November 2, 2006 and filed with the Prothonotary on November 3, 2006. SAIDIS, FLOWER & LIN SAIDIS, FLOWER & L NDSAY ATrORNEIS.Khuw 26 West High Street Carlisle, PA Carol J. Lindsay, E?sgi Supreme Court I No 26 West High Str Carlisle, PA 17013 717-243-6222 R 1 e"? j C:"` ?.+an -? ?? ?? ? `? ' ,; `? ' w j f:. S? - • ' l? ? S ?? ??? "° ?. ?? IN THE COURT OF COMMON PLEAS DANITA DURF OF CUMBERLAND COUNTY STATE OF PENNA. No. 05-6280 VERSUS LEROY DURF DECREE IN DIVORCE AND NOW, k)cg?"- 24 1-ft v IT IS ORDERED AND DECREED THAT DANITA DURF , PLAINTIFF, AND L.EROY IN IRE DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. % f? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?.JC?Y1 i 1'G? lJ U• E'? , Plaintiff Vs File No. O S - (? g d IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, . or X after the entry of aFinal Decree in Divorce dated NO'iember , ac (a hereby elects to resume-the prior surname of K l ? , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: 1 ?)- 1 1- o Cs, Signa "V? Signature of name being resumed COMMONWE TH OF P NNSYLVANIA ) COUNTY OF On the I I day of t)ep- e e R , 200L, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. nn /! ) r_'\ I NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 I In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: LEROY A. DURF Member ID Number: 3338101603 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name DANITA A. KUHN PACSES Docket Case Number Number 246107936 05-6280 CIVIL TOTAL ATTACHMENT AMOUNT: $ 548.00 Attachment Amount/Frequency $ 548.00 MONTH Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $126.12 per week, or 50 of the Unemployment Compensation benefits otherwise payable to the Defendant, LEROY A. DURF Social Security Number 17 6 - 5 2 - 8 2 31 , Member ID Number 3338101603 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 2, 2 0 0 7 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: DEC 18 2007 DRO: R.J. SHADDAY Service Type M EDWARD E. JUDGE Form EN-530 Worker ID $ IATT G C= ° . :n Et co ?. ' f D Z In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: LEROY A. DURF Member ID Number: 3338101603 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name DANITA A. KUHN PACSES Docket Case Number Number 246107936 05-6280 CIVIL Attachment Amount/Frequenc $ 548.00 MONTH / / / TOTAL ATTACHMENT AMOUNT: $ 548.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 126.12 per week, or 50 of the Unemployment Compensation benefits otherwise payable to the Defendant, LEROY A. DURF Social Security Number XXX-XX- 8231 , Member ID Number 3 3 3 81016 0 3 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 7, 2008 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: DEC 16 2008 DRO: R.J. SHADDAY BY THE COURT EDWA} D E. GUIDO, JUDGE Form EN-530 Rev.2 Service Type M Worker ID $ IATT C'? `--TI , - - ? ' ? ?; c• # ? . wry t.?f, V W- 1% DANITA A. KUHN, , Plaintiff/Petitioner VS. , LEROY A. DURF, , Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-6280 CIVIL TERM IN DIVORCE PACSES CASE: 246107936 ORDER OF COURT AND NOW to wit, this 29th day of December 2008, it is hereby Ordered that the the Order for Alimony Pendente Lite is terminated, effective January 1, 2009, pursuant to the Petitioner's request. The Alimony Pendente Lite is closed with a credit of $969.52. BY THE COURT: Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Form OE-001 Service Type: M Worker: 21005 LL? c_ i== Lz? 1 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-6280 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 01/01/09 OX Terminate Order/Notice Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number PENNSY SUPPLY INC 1001 PAXTON ST HARRISBURG PA 17104-1645 RE: DURF, LEROY A. Employee/Obligor's Name (Last, First, MI) 176-52-8231 Employee/Obligor's Social Security Number 3338101603 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. $ 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. oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 0 . oo 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) $ 0.00 per biweekly pay period (every two weeks) $ o . 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'S NAME AND LWJLKSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY ,01110-ER IN DER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. 140' -11?00 BY THE COURT: DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 Edward E. Guido, Juclqe rm EN-028 Rev. 4 Worker ID $IATT f 4 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS A I heck you are required to pr vide a opy of this form to your m loyee. If yo r employee orks in a state that is iferent from the state that issuedthis or?er, a copy must be provic?edpto your empyoyee even if t?le 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.* 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 employeetobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2327294960 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DURF, LEROY A. EMPLOYEE'S CASE IDENTIFIER: 3338101603 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT NEW EMPLOYER'S NAMEIADDRESS: 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. 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: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT Y ? ! ADDENDUM Summary of Cases on Attachment DefendanVObligor: DURF, LEROY A. PACSES Case Number 246107936 Plaintiff Name DANITA A. KUHN Docket Attachment Amount 05-6280 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: LEROY A. DURF Member ID Number: 3338101603 Please note: All correspondence must include the Member ID Number. ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name DANITA A. KUHN PACSES Docket Case Number Number 246107936 05-6280 CIVIL TOTAL ATTACHMENT AMOUNT: Attachment Amount/Freauencv $ 548.00 MONTH / / $ 548.00 The prior Order of this Court directing the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), to attach $ 126.11 or 5 o % per week of the Unemployment Compensation benefits of LEROY A. DURF ,Social Security Number XXX-XX_8231 , Member ID Number 3 3 3 81016 03 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of the Order by the Department and shall remain in effect until a further Order of the Court is filed. BY THE COURT Date of Order: JAN 1 2009 DRO: R.J. SHADDAY EDWARD E. DO, JUDGE Form EN-035 Rev.2 Service Type M Worker ID $ IATT <- ? ':'? r -_-? ?;?, .?,, : ? ; F r-`_ . __ ?,,j -, . C_ r t t i- .. ? .: