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HomeMy WebLinkAbout05-6696DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DARRYL J. HOWARD NO. ()S CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. : CIVIL ACTION -- LAW DARRYL J. HOWARD NO. n3,% 4-4. V6 CIVIL TERM Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNTI DIVORCE PURSUANT TO SECTION 3301(c) 2. 3 4 5. Plaintiff is Denise Howard, an adult individual currently residing at 226 Mulberry Street, Steelton, Dauphin County, Pennsylvania, where she has resided for approximated four months, but whose prior address for approximately three years was 302 Shepard Lane, Shippensburg, Cumberland County, Pennsylvania. Defendant is Darryl J. Howard, an adult individual currently residing at 1180 Highland Street, Oberlin, Dauphin County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on May 23, 1993, in Dauphin County, Pennsylvania. There have been no other prior actions for divorce or annulment between the parties, except an action initiated on October 1, 2001 in the Court of Common Pleas of Cumberland County, docketed to 01-5680-Civil Term, which action was stricken for inactivity on or about October 26, 2004. 2 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code as amended. COUNT II DIVORCE PURSUANT TO SECTION 3301(d) 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. The parties have resided separate and apart since approximately March 2001 and therefore, for a period in excess of two years. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (d) of the Domestic Relation Code as amended. 3 COUNT III EQUITABLE DISTRIBUTION DIVORCE PURSUANT TO SECTION 3301(d) 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text. 14. While the parties already have distributed items of personal property, the Defendant has a substantial pension that he accrued primarily during the parties marriage and therefore is marital property subject to equitable distribution. . 15. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT IV ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES DIVORCE PURSUANT TO SECTION 3301(d) 16. Paragraphs 1 through 15 are incorporated herein by reference as if set forth in their full text. 17. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 18. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 4 19. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiffs counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, GRIFFIE & ASSOCIATES 5 Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: DE ISE HOWARD, Plaintiff 6 na O -TI N ? a U1 .C G? DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DARRYL J. HOWARD NO. O , ' &J- 9 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Denise Howard to proceed in forma pauperis. 1, Bradley L. Griffie, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Respectfully submitted, GRIFFIE & ASSOCIATES Date: Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 c?+ C 'J ' -iaf iJ h? _ T." i=r+ .a = cs DENISE HOWARD, Plaintiff V. DARRYL J. HOWARD Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. cJO?S?G?(oJ? CIVIL TERM IN DIVORCE PRAECIPE Please reinstate the Divorce Complaint filed in the above captioned action. Respectfully submitted, GRIFFIE & ASSOCIATES Date: / b By: rifMe, Esquire Attorney ID #34349 Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 -; _, -- ? , -? : ?' ; <.,, ` - , ?? DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DARRYL J. HOWARD NO. 05-6696 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ?" day of 2006, comes Bradley L. Griffie, and states that a true and attested copy of a Complaint in Divorce and Notice of Intent to Serve Subpoena was sent to Darryl J. Howard, at his address of 1180 Highland Street, Oberlin, Pennsylvania, by certified mail, return receipt requested, restricted delivery. A copy of said receipt is attached hereto indicating service was made on March 13' 2006. Sworn and subscribe before me this 33 day of 2006 NOTARY I?MLIC NOTARIAL SEAL EC4RRnLRjSLEJ "fiIR GO S?',Ot, NOTARY PUBLIC 0RLAND COUNTY MMitiSIPNF%PiR'CGSIOE SAPRILI, 2007 20V Nortn Hanover mreeL Carlisle, PA 17013 (717)243-5551 (800)347-5552 Attorney for Plaintiff l 1 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: A. Signature X /_ ? Agent )ErAMrsssse B. Received by (Printed Name) Llat f payt'erv_ i1 L. UC D. Is delive addrass different from Item 1? ? Yes If YES, enter delivery address below: ? No ina rd - ?Onl T. ?i?hl?ttt w o b fxr? ?? 3 3. 8 Nice Type O4 /! 9 Certified 0 Express RecMail eipt for Merchandise 17 Insured Mall ?13 C.O.D. 4. Restricted Delivery? (Extra Fee) yea 2. (TMArticle Number - s/er htom from 1yDD lb? DDD? ?T7 / 3?ai3 (Tians seMce label) PS Form 3811, August 2001 - Domestic Return Receipt 102595.02-M-1540 rl. ? m ??---- L r postage $ / - -? Certi6ea Fae dFrt Retu LOS: Receipt Fee Entlorsemen? Requlretl) l tP, O p Restricted Delivery Fee Q (([Entlorsen eet Regu, Pat ---? ?X 0 Total Postage 8 Faes 9. $ 0(I r -- Street Apf T,yP B-N ? ° o )4 hl?nd met 0 r / mmmum" r-+ --1 N a_ ii p aJ ?? L71 DENISE HOWARD, Plaintiff V. DARRYL J. HOWARD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. -`:3 ' UQ'1? CIVIL TERM IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff hereby certifies that: (1) A Notice of Intent To Serve Subpoena with a copy of the subpoena attached thereto was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served, (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Date: 1-f I ( 9 1 6 (o Respectfully submitted, Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Attorney for Plaintiff 200 North Hanover Street V. CIVIL ACTION - LAW DARRYL J. HOWARD NO. 05-6696 CIVIL TERM Defendant IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULLE 4009.21 To: Darryl J. Howard 1180 Highland Street Oberlin, Pennsylvania 17113 PLEASE TAKE NOTICE that Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, GRIFFIE & ASSOCIATES Date: 3 17 ? d ? i $e, Esquire 4rnety I.D. #34349 9 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Attorney for Plaintiff DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DARRYL J. HOWARD NO. 05-6696 CIVIL TERM Defendant IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CENTRAL PENNSYLVANIA TEAMSTERS PO Box 15223 Reading, Pennsylvania 19612-5223 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: copies of 1 statements issued from your retirement income plan 1987 or any other retirement plan which you maintain and administer, for the former employee, Darryl J. Howard, SSN 198-52-4605 and, more specifically, provide documentation referencing the total value of the account as of the date of providing information, the value of the account as of March 1, 2001, the value of the account as of May 23, 1993, any distributions or withdrawals made from the account, any loans on the account and evidence of when those loans were secured and for what purpose, the statement to the vested status of the account, and estimated normal retirement date for Darryl J. Howard and the terms of entitlement to benefits under the plan, all such documentation to be provided at the law offices of Griffie & Associates, 200 North Hanover Street, Carlisle, Pennsylvania 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Bradlev L. Griffie. Esquire Attorney's Name 34349 Supreme Court ID # 200 N. Hanover Street Carlisle. Pennsylvania 17013 Address Attorney for Plaintiff. Denise Howard (717) 243-5551 Telephone Number BY THE COURT BY Prothonotary DATE: Seal of the Court _} - i ?. DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DARRYL J. HOWARD NO. 05-6696 CIVIL TERM Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER DENISE HOWARD (Plaintiff), moves the court to appoint a master with respect to the following claims: (X) Divorce () Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ()Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant has appeared in the action personally. (3) The Statutory ground(s) for divorce (i-s) (are) §3301(c) and §3301(d). (3) Delete the inapplicable paragraph(s): C. The action is contested with respect to the following claims: All of the above except divorce. (4) The action (does not involve) complex issues of law or fact. (5) The hearing is expected to take one (hetes) (days). (7) Additional information, if any, relevant to the motion: None Date Bradley L. Griffie, Esquire Print Attorney Name ......... Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, '2006 , Robert Elicker, Esquire is appointed master with respect to the following claims: Divorce, alimony, alimony pendent elite, distribution of property, counsel fees and costs and expenses. By the Court: t•u KIlYrr y,. -n r ?. PAY 1 0 2006 DENISE HOWARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DARRYL J. HOWARD Defendant CIVIL ACTION - LAW NO. 05-6696 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER DENISE HOWARD (Plaintiff), moves the court to appoint a master with respect to the following claims: (X) Divorce () Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant has appeared in the action personally. (3) The Statutory ground(s) for divorce (is) (are) §3301(c) and &3301(d). (3) Delete the inapplicable paragraph(s): C. The action is contested with respect to the following claims: All of the above except divorce. (4) The action (does not involve) complex issues of law or fact. (5) The hearing is expected to take one (heuFS) (days). (7) Additional information, if any, relevant to the motion: None Date: Bradley L. Griffie, Esquire Print Attorney Name ......... Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, `Z 1 I , 2006 , Robert Elicker, Esquire is appointed master with respect to the following cl ' s: Divorce, alimony, alimony pendent elite, distribution of property, counsel fees and costs and expenses. By the urt: J. n Q rr C' p, -c la m _.. e c? ? w r -? n N 4 ? rn 'I7 m rte - C 3 J . . -10 -- t -r CD L; m O ms A DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DARRYL J. HOWARD, NO. 05-6696 CIVIL TERM Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. The parties to this action separated since March, 2001 and have continued to live separate and apart since that time. 2. The marriage is irretrievable broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to4e penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: Ie ?/'b ARD r' ! 5 77 e f DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW DARRYL J. HOWARD, NO. 05-6696 CIVIL TERM Defendant : IN DIVORTCE AFFIDAVIT OF SERVICE I confirm that I did this day of CLt IzA, , 2006, hand deliver a Rescheduled Hearing Order and Notice Setting Hearing, a true and attested copy of a Notice and Affidavit Under §3301(d) of the Divorce Code and Counter- Affidavit Under §3301(d) of the Divorce Code to the Defendant, Darryl J. Howard, at the following address: // FO ? ?n 101M Sworn and subscribed to before me this 6bt?' day of , 2006. Notary Pu c NOTARIAL SEAL FAM J BASETT Nowy POW iM C?AIMIiM E?A?r 1I. lOp ', s -= DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW DARRYL J. HOWARD, NO. 05-6696 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on December 22, 2005, reinstated on February 21, 2006 and served on March 13, 2006, as indicated in Affidavit of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE UBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN IFICATION TO AUTHORITIES. DATE: DEN E W D C _7 r 4'yi f _` ?. .? _.., w?7 ??a v.' ... ?'+..' ?... .3'Z ~ ?.? DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW DARRYL J. HOWARD, : NO. 05-6696 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES O 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. _ DATE: _111a?114?w / DENTSTE HOW ?""'? ?? ? ry? -:i -'C? °1??- ? C` j ? ...^ -.?-? t! l :'{ ? .-? 1, DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW DARRYL J. HOWARD, NO. 05-6696 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 2. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on December 22, 2005, reinstated on February 21, 2006 and served on March 13, 2006, as indicated in Affidavit of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: DARRYL J. OWARD ?.-.. M1 9 C:3 _ (_ J G"? .? '\\ J '-? 4iv {`"•i ._{ C } _ ?i DENISE HOWARD, Plaintiff vs. DARRYL J. HOWARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 05-6696 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: l DARRYL J. HOWARD Y rr r • ` 1 c.7' DENISE HOWARD, Plaintiff VS. DARRYL J. HOWARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 6696 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of /Z-,?? , 2006, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on November 21, 2006, the date set for a Master's hearing, 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, 011 N Edgar B. Bayley, PP--- cc: adley L. Griffie Attorney for Plaintiff 4arryl J. Howard Defendant 4 J5 ? ' - r = ?. -?= M- -. ' `? ? ? r<< -_? ? ? - t t?+,1 _ _. ?.i. ,y ?; - ..? _ DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 6696 CIVIL DARRYL J. HOWARD, Defendant IN DIVORCE THE MASTER: Today is Tuesday, November 21, 2006. Today Is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Denise Howard, and her counsel Bradley L. Griffie, and the Defendant Darryl J. Howard. Mr. Howard is not represented by counsel. A complaint in divorce was filed on December 22, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. The parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree today and the affidavits and waivers will be filed by the Master's office with the Prothonotary. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. The complaint in divorce also raised claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. With respect to costs of filing of the divorce complaint and the economic claims, Mrs. Howard did receive authorization to proceed in forma pauperis. 1 • W Mr. Howard and Mrs. Howard and her attorney have advised the Master that they have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and Mr. Griffie have indicated that they will return later today to review the draft of the agreement, make any correction of typographical errors as necessary and then affix their signatures affirming the terms of settlement. The parties were married on May 23, 1993, and separated March 2001. MR. GRIFFIE: I need to make a correction on the record, the actual date of marriage is May 23, 1995. THE MASTER: There are two minor children of the marriage, both of whom reside with the wife. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel for wife can then file a praecipe with the Court requesting a final decree in divorce. Mr. Griffie. 2 r MR. GRIFFIE: If the Master please, the parties have reached a comprehensive agreement relative to all issues raised in the divorce agreement. Their agreement is as follows: 1. With respect to the parties' sole marital asset, that being the Central Pennsylvania Teamsters Pension Fund accounts that Mr. Howard accrued during his employment with UPS, shall be divided such that the sum $90,000.00 shall be rolled over from the Central Pennsylvania Teamsters Retirement Income Plan 1987 through a QDRO to be placed into wife's name alone. Wife's counsel shall be required to prepare the QDRO and shall submit it to husband and to wife for their signature. In the event that Husband does not respond within thirty (30) days by returning the signed agreement to wife's counsel, wife's counsel shall be permitted to submit the QDRO to the Court for signature and approval. Further, with respect to the pension fund, it is noted that Mr. Howard participates in the Central Pennsylvania Teamsters Defined Benefit Plan which will authorize him to receive $173.34 per month at retirement and wife waives any claim against that portion of the plan. 2. With respect to the benefits to which Mr. Howard will be entitled under the Central Pennsylvania Teamsters Pension Fund, he shall retain wife and the parties' two children, namely, Logan M. Howard and Skye M. Hillhouse, as irrevocable beneficiaries on his portion of the Teamsters Retirement Plan. 3. At the present time husband is paying the sum of $178.00 per month in spousal support to wife through the Cumberland County, Domestic Relations Office. Effective on December 1, 2006, that amount shall be converted to an alimony award in the amount of $200.00 per month and that portion of the payment shall be paid indefinitely with the parties both recognizing a change in their respective circumstances may cause that amount to be reduced, increased or terminated. THE MASTER: With respect to termination, you 3 r do agree that termination would occur if there is cohabitation with a person of the opposite sex, death of either party or remarriage of wife. MR. GRIFFIE: Yes. MR. GRIFFIE: Otherwise, the spousal support portion of the order at Domestic Relations shall cease on December 1, 2006, and the alimony portion of the order shall be implemented with collection through the Domestic Relations Office of Cumberland County. 4. The parties agree that any other property that they had being personal property, vehicles, and any other items will simply be retained by the party in possession. Neither party will make any claim against the other for the return of any personal property. 5. Further any debts that the parties have in their name alone shall remain as their debts. Neither party has created any additional debts in the other parties' name so there are no other debts of which the parties are aware. At the time of the entry of this agreement, there is not known to be any jointly held debt. 6. In consideration of the within proceedings and the fact that husband did not have legal counsel and wife's legal counsel was obligated to pursue this matter on her behalf including discovery to secure information relative to the assets, husband agrees that he will pay the total sum of $3,500.00 in attorney fees by making monthly payments of $200.00 per month beginning on January 1, 2007. 7. The parties further agree that they wish to have this divorce concluded as a no-fault or Section 3301(c) divorce and have affixed their signatures to the consents and waivers necessary to do so. 8. 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 4 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. THE MASTER: Mr. Howard, you've heard the agreement as stated on the record? MR. HOWARD: Yes. THE MASTER: Do you understand it? MR. HOWARD: Yes THE MASTER: Are you willing to accept this as an agreement to resolve all of the outstanding claims in your divorce action? MR. HOWARD: Yes. MR. GRIFFIE: Mrs. Howard, were you present as I dictated the agreement? MRS. HOWARD: Yes. MR. GRIFFIE: Do you understand all of the terms of the agreement? MRS. HOWARD: Yes. 5 MR. GRIFFIE: Do you accept the settlement that I just dictated to satisfy all claims that have been made in these divorce proceedings? MRS. HOWARD: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. DATE: CQ`iffie r Plaintiff 1 ) Co Darryl J.owar 6 WITNESS: DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DARRYL J. HOWARD NO. 05-6696 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(0 of the Diveree Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on March 13, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 11/21/06 by Defendant: 11/21/06 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 27, 2006 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 27, 2006 e iffie, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff C ? TE:P ci?1' ` CAD j _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Denise Howard No. 05-6696 VERSUS Darryl J. Howard DECREE IN DIVORCE AND NOW, W IT IS ORDERED AND DECREED THAT Denise Howard , PLAINTIFF, AND Darryl J Howard DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO D N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Stipulation and Agreement entered into before merged, in this Decree. BY TK9 Cou ATTEST: J. ?PROTHONOTARY /rew 42 . _ -f 4 . r .t ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 001108841 O Original Order/Notice Co./City/Dist. of CUMBERLAND 05-6696 CIVIL O Amended Order/Notice Date of Order/Notice 12/18/06 582100036 O Terminate Order/Notice Case Number (See Addendum for case summary) 1 S 98 RE: HOWARD, DARRYL J. EmployerM/ithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) GADITES L.L.C. 1501 SMOKEHOUSE LN HARRISBURG PA 17110-3133 198-52-4605 Employee/Obligor's Social Security Number 5996100020 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. $ 839.00 per month in current support $ 35.00 per month in past-due support Arrears 12 weeks or greater? Dyes Q no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 874.00 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: $ 201.69 per weekly pay period. $ 403.38 per biweekly pay period (every two weeks). $ 37. oo per semimonthly pay period (twice a month). $ 874. 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 /D (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:„? G J. ley Oler, S Q. - Judge DRO: R. J. Shadday Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required, to provide a opy of this form to your m loyee. If yo r employee works in a state that is dif event from the state that issued this order, a copy must be provi?edpto your emp?oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below, 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4765100206 EMPLOYEE'S/OBLIGOR'S NAME: HOWARD, DARRYL J. EMPLOYEE'S CASE IDENTIFIER: 5996100020 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOWARD, DARRYL J. PACKS Case Number 001108841 Plaintiff Name DENISE HOWARD Docket Attachment Amount 05-6696 CIVIL$ 200.00 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number 582100036 Plaintiff Name DENISE HOWARD Docket Attachment Amount 1 S 98 $ 674.00 Child(ren)'s Name(s): DOB LOGAN M. HOWARD 07/30/93 SKYE M.>HILLHOUSE 06?4}?f9:0 ? 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 DOB 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 $IATT ;.. c:°a C"? t 7 ? tf? r ? ?y ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 0Original Order/Notice Co./City/Disc. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 02/27/07 Qx Terminate Order/Notice Case Number (See Addendum for case summary) RE: HOWARD, DARRYL J. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) GADITES L.L.C. 1501 SMOKEHOUSE LN HARRISBURG PA 17110-3133 198-52-4605 Employee/Obligor's Social Security Number 5996100020 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. $ o. op per month in current support $ o. oo 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 $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . o o per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT- 17 of Order: i g 7 C? ?S f > 'J(1 Form E N-0 Rev. 1 Service Type M OMBNo.:0970.0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS r of this form to your3glo yee. If yo, ry mployeg %rks in a state that is ? A46' eck you are required, to rp idea o ked. rent fTre?iom the state that issued this o er, a copy must be provi ed to our em o ee even if t e box is not chec 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding. You must report the paMate/date ol withholding witen senaing tire payment me paydate/date of withholding is the date on which allIOU11t Ms withheld from the employeelt. wayses. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4765100206 EMPLOYEE'S/OBLIGOR'S NAME: HOWARD DARRYL J. EMPLOYEE'S CASE IDENTIFIER: 5996100020 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%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HowARD, DARRYL J. PACKS Case Number 001108841 PACKS Case Number Plaintiff Name Plaintiff Name DENISE HOWARD Docket Attachment Amount Docket Attachment Amount 05-6696 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ;.. ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? if checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker I D $ IATT OMB No.: 0970-0154 r-a c t-3 DENISE HOWARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DARRYL J. HOWARD : NO. 05-6696 CIVIL TERM Defendant : IN DIVORCE PETITION FOR CONTEMPT AND ENFORCEMENT OF DIVORCE STIPULATION AND AGREEMENT AND NOW, comes Petitioner, Denise Howard, by and through her counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, an adult individual currently residing at 226 Mulberry Street, Steelton, Pennsylvania. 2. Your Respondent is the above named Defendant, Darryl J. Howard, an adult individual currently residing at 1180 Highland Street, Oberlin, Pennsylvania. 3. The parties were formerly Husband and Wife, having been divorced by a Decree in divorce dated December 6, 2006, a copy of said Decree being attached hereto and incorporated herein by reference as Exhibit "A". 4. The parties entered into a comprehensive Stipulation Agreement before the Divorce Master on November 21, 2006, a copy of said Stipulation being attached hereto and incorporate herein by reference as Exhibit "B". 5. The said Stipulation Agreement was incorporated into the Decree in Divorce of December 6, 2006. 6. Pursuant to the Stipulation entered into before the Master, the parties agreed to a rollover of the sum of $90,000.00 from Husband's account with Central Pennsylvania Teamster Retirement Income Plan 1987 to an account for Petitioner (see paragraph 1 of Stipulation) 7. Promptly upon settlement of the above matter through the entry of the Stipulation Agreement referenced and the entry of a Decree in Divorce, counsel for Petitioner contacted the Central Pennsylvania Teamsters Pension Fund to secure directions relative to the preparation of the required Qualified Domestic Relations Order. (QDRO) 8. Counsel for Petitioner prepared a QDRO and forwarded it to the Central Pennsylvania Teamsters Pension Fund for pre-approval. 9. By correspondence of December 22, 2006, counsel for Petitioner requested of Respondent that he execute the original and appropriate copies of the QDRO as approved by the Central Pennsylvania Teamsters Pension Fund for implementation of terms of the Stipulation and Agreement. 10. Respondent did not respond to the correspondence of December 22, 2006 and did not execute documents or otherwise provide signed QDROs as requested. 11. By correspondence of January 9, 2007, counsel for Petitioner again notified Respondent that the QDRO was prepared and, at that time, had been signed by the Petitioner. 12. By correspondence of January 9, 2007 to the Respondent, counsel for the Petitioner offered for Respondent to appear at counsel's office for purposes of executing copies of the QDRO so that this matter could be processed. 13. As there was no response from Respondent to counsel's correspondence of January 9, counsel for Petitioner, again, corresponded with Respondent on February 2, 2007 and requested cooperation relative to the execution of the QDRO. 14. By the correspondence of February 2, 2007, counsel for Petitioner, again, offered for Respondent to execute the documents at counsel's office or in the alternative, simply request that the documents be forwarded to him for execution and return to counsel's office. 15. There was no response from Respondent to these overtures. 16. By correspondence of February 2, 2007, counsel for Petitioner advised Respondent that if his prompt cooperation could not be secured, counsel for Petitioner would proceed with an action before the Court to have the Respondent found in Contempt. 17. There has been no response to any of the correspondence from Petitioner's counsel to Respondent. 18. Paragraph 2 of the aforesaid Stipulation and Agreement obligates Respondent to maintain the Petitioner and the parties' children, Logan M. Howard and Skye M. Hillhouse as irrevocable beneficiaries on his portion of the Teamsters Retirement Plan. 19. Despite repeated requests, Respondent has failed and refused to confirm that he has retained Petitioner and the children as irrevocable beneficiaries on the plan. 20. Paragraph 3 of the Stipulation and Agreement provides that the sum of $178.00 per month which was being paid in spousal support at that time to the Cumberland County Domestic Relations Office would be terminated in favor of an Order converting this payment to alimony in the amount of $200.00 per month to be collected by the Domestic Relations Office. 21. Respondent, who apparently is self-employed, has failed and refused to comply with the terms of the Order relative to the payment of the alimony provisions in this matter despite repeated requests. 22. Paragraph 6 of the aforesaid Stipulation and Agreement provide that Respondent would pay the total sum of $3,500.00 in attorney's fees to Petitioner's counsel by making monthly payments of $200.00 per month effective January 1, 2007. 23. Respondent has failed and refused to make any payments whatsoever toward Petitioner's counsel fees to date, even though the total sum of $800.00 was to have been paid through April 1, 2007. 24. The failure of the Respondent to comply with the terms of the Stipulation and Agreement that has been incorporated into the parties' December 6, 2006 Divorce Decree causes him to be in violation of the Stipulation and Agreement and, therefore, in contempt of the Court's Order corporating the Stipulation and Agreement. 25. Petitioner has been obligated to once again retain counsel to pursue enforcement of this Stipulation and Agreement and the contempt of the Respondent. 26. Respondent's failure to comply with the terms of the Stipulation and Agreement causes him to be in contempt. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent to show cause, if any he has, as to why the following relief should not be granted; 1. Entry of an Order finding that the Respondent in contempt of the Court's Decree in Divorce of December 6, 2006 incorporating the parties' Stipulation Agreement. 2. Entry of an Order finding that the proposed QDRO as prepared by counsel for Petitioner is appropriate as prepared and will be endorsed by the Court with or without Respondent's cooperation, so that it can be implemented by the Plan Administrator; 3. Entry of an Order to be enforced by the Cumberland County Domestic Relations Office for the payment of $200.00 per month in alimony effective December 1, 2006 and continuing indefinitely; 4. Entry of Order vacating the prior alimony pendente lite or spousal support Order obligating payment in the amount of $178.00 per month by Respondent to the Plaintiff effective December 1, 2006. 5. Entry of an Order obligating Respondent to pay, by wage attachment or otherwise, $200.00 per month to counsel for Petitioner pursuant to terms of the parties' Stipulation Agreement. 6. Entry of an Order obligating Respondent to compensate counsel for Petitioner for all fees and costs incurred in pursuing this matter through the instant Petition for Contempt; 7. Such other relief as the Court deems just and proper. Respectfully Submitted, Mrth riffle, Esquire or Petitioner Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 IN THE COURT OF COMMON PLEAS Denise Howard OF CUMBERLAND COUNTY STATE OF PENNA. i Plaintiff VERSUS Darryl J. Howard Defendant NO. 05-6696 DECREE IN DIVORCE AND NOW December 6 2006 , IT IS ORDERED AND DECREED THAT Denise Howard , PLAINTIFF, AND Darryl J Howard 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; eAJ Y!` - The= art i Ps ' qt-jj lit afj can and AcrAPmPnt PnfererLinto before the Divorce Master on November 21, 2006 is incorporated, but not merged, in this Decree. BY THE COURT: Edgar B. Bayley ATTEST: F n' eerti EXHIBIT J. mber 8, 20 ROTHONOTARY DENISE HOWARD, Plaintiff VS. . DARRYL J. HOWARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 6696 CIVIL IN DIVORCE Cc) THE MASTER: Today is Tuesday, Novem721 2006. Today Is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Denise Howard, and her counsel Bradley L. Griffie, and the Defendant Darryl J. Howard. Mr. Howard is not represented by counsel. A complaint in divorce was filed on December 22, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. The parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree today and the affidavits and waivers will be filed b_V the Master's office with the Prothonotary. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. The complaint in divorce also raised claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. With respect to costs of filing of the divorce complaint and the economic claims, Mrs. Howard did receive authorization to proceed in forma pauperis. -on Am F C? EX IBIT 11 IS Mr. Howard and Mrs. Howard and her attorney have advised the Master that they have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and Mr. Griffie have indicated that they will return later today to review the draft of the agreement, make any correction of typographical errors as necessary and then affix their signatures affirming the terms of settlement. The parties were married on May 23, 1993, and separated March 2001. MR. GRIF--IE: I need to make a correction on the record, the actual date of marriage is May 23, 1995. THE MASTER: There are two minor children of the marriage, both of whom reside with the wife. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel for wife can then file a praecipe with the Court requesting a final decree in divorce. Mr. Griffie. 2 MR. GRIFFIE: If the Master please, the parties have reached a comprehensive agreement relative to all issues raised in the divorce agreement. Their agreement is as follows: 1. With respect to the parties' sole marital asset, that being the Central Pennsylvania Teamsters Pension Fund accounts that Mr. Howard accrued during his employment with UPS, shall be divided such that the sum $90,000.00 shall be rolled over from the Central Pennsylvania Teamsters Retirement Income Plan 1987 through a QDRO to be placed into wife's name alone. Wife's counsel shall be required to prepare the QDRO and shall submit it to husband and to wife for their signature. In the event that Husband does not respond within thirty (30) days by returning the signed agreement to wife's counsel, wife's counsel shall be permitted to submit the QDRO to the Court for signature and approval. Further, with respect to the pension fund, it is noted that Mr. Howard participates in the Central Pennsylvania Teamsters Defined Benefit Plan which will authorize him to receive $173.34 per month at retirement and wife waives any claim against that portion of the plan. 2. With respect to the benefits to which Mr. Howard will be entitled under the Central Pennsylvania Teamsters Pension Fund, he shall retain wife and the parties' two children, namely, Logan M. Howard and Skye M. Hillhouse, as irrevocable beneficiaries on his portion of the Teamsters Retirement Plan. 3. At the present time husband is paying the sum of $178.00 per month in spousal support to wife through the Cumberland County, Domestic Relations Office. Effective on December 1, 2006, that amount shall be converted to an alimony award in the amount of $200.00 per month and that portion of the payment shall be paid indefinitely with the parties both recognizing a change in their respective circumstances may cause that amount to be reduced, increased or terminated. THE MASTER: With respect to termination, you 3 do agree that termination would occur if there is cohabitation with a person of the opposite sex, death of either party or remarriage of wife. MR. GRIFFIE: Yes. MR. GRIFFIE: Otherwise, the spousal support portion of the order at Domestic Relations shall cease on December 1, 2006, and the alimony portion of the order shall be implemented with collection through the Domestic Relations Office of Cumberland County. 4. The parties agree that any other property that they had being personal property, vehicles, and any other items will simply be retained by the party in possession. Neither party will make any claim against the other for the return of any personal property. 5. Further any debts that the parties have in their name alone shall remain as their debts. Neither party has created any additional debts in the other parties' name so there are no other debts of which the parties are aware. At the time of the entry of this agreement, there is not known to be any jointly held debt. 6. In consideration of the within proceedings and the fact that husband did not have legal counsel and wife's legal counsel was obligated to pursue this matter on her behalf including discovery to secure information relative to the assets, husband agrees that he will pay the total sum of $3,500.00 in attorney fees by making monthly payments of $200.00 per month beginning on January 1, 2007. 7. The parties further agree that they wish to have this divorce concluded as a no-fault or Section 3301(c) divorce and have affixed their signatures to the consents and waivers necessary to do so. 8. 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 4 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. THE MASTER: Mr. Howard, you've heard the agreement as stated on the record? MR. HOWARD: Yes. THE MASTER: Do you understand it? MR. HOWARD: Yes THE MASTER: Are you willing to accept this as an agreement to resolve all of the outstanding claims in your divorce action? MR. HOWARD: Yes. MR. GRIFFIE: Mrs. Howard, were you present as I dictated the agreement? MRS. HOWARD: Yes. MR. GRIFFIE: Do you understand all of the terms of the agreement? MRS. HOWARD: Yes. 5 MR. GRIFFIE: Do you accept the settlement that I just dictated to satisfy all claims that have been made in these divorce proceedings? MRS. HOWARD: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Br/-- ?riffie o ney for Plaintiff DATE: 0 i r, Ise -r Darryl f b, and 6 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: r De(lse Howard DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DARRYL J. HOWARD, DEFENDANT 05-6696 CIVIL TERM ORDER OF COURT AND NOW, this day of April, 2007, a Rule is entered against Darryl J. Howard to show cause why the relief requested in the within petition should not be granted. Rule returnable at a hearing in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Friday, May 4, 2007. By the Bradley L. Griffie, Esquire For Plaintiff Darryl J. Howard 1180 Highland Street Oberlin, PA 17113 Edgar B. Bayley, J. :sal CD Lr) g=- z__7 4= _ f - {? C» ? N DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW DARRYL J. HOWARD NO. 05-6696 CIVIL TERM Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, DARRYL J. HOWARD, (hereinafter referred to as "Participant") and DENISE HOWARD (hereinafter referred to as"Alternate Payee") have agreed to a division of marital property, which Agreement includes provision for a distribution from Participant's account in the Central Pennsylvania Teamsters Retirement Income Plan 1987 (hereinafter "Plan"); and WHEREAS, this Qualified Domestic Relations Order (hereinafter the "Order") provides for the division and disposition of the marital components of the Participant's account in the Plan, which is a defined contribution plan provided by the Central Pennsylvania Teamsters Union, of 1055 Spring Street, Wyomissing, Pennsylvania 19610. WHEREAS, Participant intends to grant the Alternate Payee, rights to such benefits in such amounts on the terms and conditions prescribed hereinafter as provided for in the Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA. J J NOW THEREFORE, IT IS STIPULATED AND ORDERED AS FOLLOWS: 1. The parties intend for this Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The Central Pennsylvania Teamsters Retirement Income Plan 1987 (hereinafter referred to as the "Plan" 3. Participant's Social Security Number 198-52-4605 and Participant, at present, is an inactive participate in the Plan. 4. Alternate Payee's Social Security Number 202-56-2192 and she is the Participant's spouse. 5. Participant's date of birth is June 15, 1958, and his last known mailing address is 1180 Highland Street, Oberlin, Dauphin County, Pennsylvania 17113 6. Alternate Payee's date of birth is March 3, 1964, and her last known mailing address is 226 Mulberry Street, Steelton, Dauphin County, Pennsylvania 17113. 7. Participant's interest in the Plan is marital property subject to distribution by this Court. As soon as administratively practicable after the Plan Administrator determines this Order to be a Qualified Domestic Relations Order, and the applicable appeal period has expired, Administrator shall make a one time distribution of the sum of NINETY THOUSAND AND XX/100 (90,000.00) DOLLARS, which shall be withdrawn from Participant's account in the Plan, for the Alternate Payee and directly rolled over into an account, under the Plan, to be held in Alternate Payee's name alone and providing to her all incidents of a Participant in the Plan with respect to the said sum. The amount to be withdrawn from the Participant's account for the t Alternate Payee is non-taxable as an authorized roll-over from one individual's name to a spouse's or former spouse's name within the Plan. 8. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan, nor require the payment of any benefits for the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order, nor require the Plan to provide increased benefits which result from future contributions to the Plan. Any provisions of this Order which appear to be otherwise, shall be null and void and have no effect. 9. In no event shall the Alternate Payee have a greater right than those which are available to the Participant. 10. Any reasonable cost incurred by the Plan Administrator to effectuate the terms and provisions of this Order may be assessed against that party requiring the servitudes of the Plan Administrator. In the event both parties require services of the Plan Administrator, such expenses shall be divided equally between them. 11. The parties shall promptly submit this Order to the Plan Administrator for determination and approval of this document as a Qualified Domestic Relations Order. The Plan Administrator is the Central Pennsylvania Teamsters Union of P.O. Box 15223, Reading, Pennsylvania 19612-5223. 12. A copy of this Order shall be mailed promptly, return receipt requested, to the Plan Administrator. The Plan Administrator shall within a reasonable time after the receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order, and notify both the Participant and the Alternate Payee of such a 1 determination. Until such time as a determination has been made, the Finance Committee shall comply with all requirements imposed upon him by Section 404(p)(7) of the Code and Section 206(d)(3)(h) of ERISA. If the Finance Committee determines that this Order is not a Qualified Domestic Relations Order, then it shall notify the Participant and Alternate Payee of such determination and reason therefore. 13. This Court shall retain jurisdiction for enforcement purposes and to make any changes in this Order to the extent required to carry out the intent of the parties as evidenced by their affirmations in their Separation and Property Settlement Agreement. IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIONS ORDER AS SUCH IS DEFINED UNDER SECTION 414(p) INTERNAL REVENUE CODE OF 1986 AS AMENDED. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. 7 Bate Denise Howard ?odev- 1 t 0'I ?? Date •aDarryl J. Howard Dated and approved by this, the Court of Common Pleas of Cumberland County, Pennsylvania, this t day of 2001. BY THE C URT, WITNESS: C_ cis _ - cam, t t Lo uj C_ a? cv COMMONWEALTH OF PENNSYLVANIA COUNTY OF cow-vt6e-Aa,,4 On this day of ?aaUW , 2006, before me, the undersigned officer, personally appeared DENISE HOW , known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. LK,407ARw ? FAW 6 FIRDMowry ?k upi" Nov 3.2010 0N Non COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2006, before me, the undersigned officer, personally appeared DARRYL J. HOWARD, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r ' DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DARRYL J. HOWARD, DEFENDANT 05-6696 CIVIL TERM ORDER OF COURT AND NOW, this I? day of May, 2007, following a hearing, Darryl J. Howard is adjudicated in civil contempt. IT IS ORDERED THAT: (1) This court, contemporaneously, will execute a Qualified Domestic Relations Order that has been executed by Denise Howard, without the need for defendant's signature, which QDRO complies with the terms of the parties' Stipulation as incorporated into the their Decree in Divorce. (2) Alimony shall be payable to Denise Howard of $200.00 per month by Darryl J. Howard effective December 1, 2006. It shall be collected by the Cumberland County Domestic Relations Office and include arrearages of $75.00 per month for amounts due since December 1, 2006, and continuing on the first day of each month thereafter, through and including May 1, 2007. The total arrearage is $1,200. (3) Judgment is entered in favor of plaintiff and against defendant for counsel fees of $3,500.00 per Paragraph 6 of the parties' Stipulation, plus an additional $750.00 for a total of $4,250.00. By the dirt, Edgar B. Bayley, J. >- co r i;^d Bradley L. Griffie, Esquire For Plaintiff Darryl J. Howard, Pro se DRO :sal r' "-% ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/06/07 Case Number (See Addendum for case summary) 001108841 05-6696 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number SOCIAL SECURITY ADMINISTRATION C/O WENDY MOSER 555 WALNUT ST HARRISBURG PA 17101-1925 RE: HOWARD , DARRYL J. Employee/Obligor's Name (Last, First, MI) 198-52-4605 Employee/Obligor's Social Security Number 5996100020 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. $ 200.00 per month in current support $ 75.00 per month in past-due support Arrears 12 weeks or greater? ®yes Q 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 $ 275.00 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: $ 63.29 per weekly pay period. $ 126.58 per biweekly pay period (every two weeks). $ 137.50 per semimonthly pay period (twice a month). $ 275. 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: c..--. le J. es ley Oler, Jr., DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 Jud Form EN-028 Rev. " Worker ID $oINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heckefd you are required to provide gopy of this form to yourgemyloyee. If yor di r employee ?orks in a state that is erent rom the state that issued this o er, a copy must be provi a to your emp oyee 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.* wages. paydat&date of withholding Is the date on which aniount was withheld froin the employee's You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor 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: 9583100092 EMPLOYEE'S/OBLIGOR'S NAME: HOWARD, DARRYL J. EMPLOYEE'S CASE IDENTIFIER: 5996100020 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act 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 employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $OZNC Ir ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOWARD, DARRYL J. PACKS Case Number 001108841 Plaintiff Name DENISE HOWARD Docket Attachment Amount 05-6696 CIVIL$ 275.00 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 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. 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. 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 I D $OINC { N ,. r' DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-6696 CIVIL TERM DARRYL J. HOWARD, IN DIVORCE Defendant/Petitioner PACSES CASE: 001108841 ORDER OF COURT AND NOW to wit, this 9th day of September 2008, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter. The current balance owed to the Plaintiff is $4,200.00 through September 30, 2009. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either parry files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY T E COURT: Y? a"I Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent Bradley L. Griffie, Esq. Form OE-001 Service Type: M Worker: 21005 il? - L3 C., rv C..,) DENISE HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-6696 CIVIL TERM DARRYL J. HOWARD, IN DIVORCE Defendant/Petitioner PACSES CASE; 001108841 AMENDED ORDER OF COURT AND NOW to wit, this 26th day of September 2008, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter. The current balance owed to the Plaintiff is $4,200.00 through September 30, 2008. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: TNCOA Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent Bradley L. Griffie, Esq. Form OE-001 Service type: M Worker: 21005 K. -t <-. rn - PO " x v ? 1?T 4 ,,.? ty °7 i T-r ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-6696 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 10/01/08 @ Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number RE: HOWARD. DARRYL J. SOCIAL SECURITY ADMINISTRATION C/O WENDY MOSER 555 WALNUT ST HARRISBURG PA 17101-1925 Employee/Obligor's Name (Last, First, MI) 198-52-4605 Employee/Obligor's Social Security Number 5996100020 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. $ o. oo per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support . oo per month in past-due medical support $ 0.- $ 0.00 per month in current spousal support $ o . oo per month in past-due spousal support $ o . oo per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ o. 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. $ 0. 00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). 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 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. i i BY THE COURT: J l IA/ V /--;)Z/ _ 0 C1 3 2 0 DRO: R. J. SHADDAY J. WESLEY OLER, JR., Form EN-028 Rev. 4 Worker ID $oINC Service Type M I OMB No.: 0970-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck{ you are required to pr vide a opy of this form to your mployee. if yo r employee works in a state that is di event from the state that issued this order, a copy must be provi?edto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 9583100092 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: HOWARD, DARRYL J. EMPLOYEE'S CASE IDENTIFIER: 5996100020 DATE OF SEPARATION LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: if you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. 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 (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOWARD, DARRYL J. PACSES Case Number 001108841 Plaintiff Name DENISE HOWARD Docket Attachment Amount 05-6696 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $OINC C" 3 3- -t r C7 om - t . vs CD C::i